karthikgk
02-19 12:54 PM
All,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
Even though there are other threads on this topic, I wanted to start a separate thread, as I had some unique questions. I am at the zenith of frustration and at the age of 37, I feel like my career is slipping away while waiting for GC :(
My employment scenario:
- Been with the current employer since Jan 2001
- Less than 5 years experience before I joined the current employer
- Have an MBA that was not used to the GC application (applied in July 2003) since I was a programmer at the time of GC application
My GC scenario:
- Applied for GC in July 2003 under EB3
- Applied for I-485 in July 2007
- Approved I140 and EAD in hand
- Even though I have EAD, I continue to use my H1
My new role in the job:
- After being in the job for as long as I have been, I am now doing Business Development that makes use of my MBA
My questions:
1) Lawyer asked me to wait it out for the GC instead of trying to convert the application to GC2. Lawyer says new labor applications are getting under scrutiny a lot more than before and he think it is prudent to wait. Is this reasonable?
2) What are my other options - do you think I can ask my employer to apply fresh EB2 application for the business development role and show my MBA? Not sure if they will agree to my request, but wanted to make sure that it is even possible to do that.
3) Can I change my job based on H1? Or change the job based on EAD? If either way I change my job, can I then ask the new employer to apply for my GC under EB2? If I change the job, and if my current employer agrees (I don't why he would, but just for understanding sake), can I retain my current EB3 application?
Any advice is greatly appreciated. I am at a point of giving it up and going back to India, but then that is another big decision,
Regards,
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sankap
07-13 11:28 AM
I'm not sure if Indian citizens are eligible to apply for an investment visa here...
immi2006
05-03 08:18 PM
Folks,
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
I was analysing the data based on posts in various immigration websites for India based filings. The data could be very well wrong too. (data for India folks as below).
It appears on rough estimates :
2005
EB1 - 4000
EB2 - 26000
EB3 - 39000
2004
EB1 - 5500
EB2 - 32000
Eb3 - 36000
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pradeep_s
12-21 02:11 PM
Janilsal,
I have a PhD, almost 4 years research experience. About 10 scientific publications.
hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.
pradeep
I have a PhD, almost 4 years research experience. About 10 scientific publications.
hi miguy.........
Regarding your I-140 approval notice, if you can get your case # from your lawyer, I guess you can request for a copy of I-140 approval notice from USCIS. Try to get your case #/receipt number. In my case, I got the I-140 approval letter from USCIS. What I know is that USCIS sent a copy to your address as well as to your lawyer. Did you change your address after applying for I-140? The approval notice cannot be forwarded to a new address.
pradeep
more...
gcpool
07-08 10:37 AM
Apart from informing others about them legally what can he do.
Post his name & nobody will hire him.
Post his name & nobody will hire him.
sanjay02
07-28 02:47 AM
Hi
My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"
My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?
Thnks
My PD is Nov 2005 , I had I-485 interview in Feb 2009, because dates werent current I was given a letter saying "Your case has been continued because of VISA unavailability"
My question is if I claim unemployment insurance would I have issues in GC adjucation? ( Since my case is already pre-adjucated)?
Thnks
more...
sunofeast_gc
07-25 11:12 PM
I just received a confirmation email that I485 of my wife got approved just a couple of days back. But I myself have not received anything. Its kind of weird because she was my dependent and I was the primary applicant.
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
What is ur Priority Date and when you filled ur I-485?
Can somebody please suggest if they have seen something like this before ?Do I need to do anything ?
What is ur Priority Date and when you filled ur I-485?
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lost_in_migration
05-15 01:31 PM
/\/\
more...
gc_lover
04-27 09:57 AM
I had received the same story in email about 7 years back.
You are right. I keep getting emails with this story every now and then. I have travelled so many times to India and never had any problems of such kind at airport.
You are right. I keep getting emails with this story every now and then. I have travelled so many times to India and never had any problems of such kind at airport.
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vin13
11-30 09:38 AM
It seems odd that there has been so many RFE for photos. I am not sure if the request for photographs is because USCIS is simply loosing them.
I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.
I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.
It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....
I wonder why they cannot combine the EAD and AP as one document.
I got photos taken from a professional place and met all the specs. But yet i got an RFE for additional photos.
I have bought tickets for travel in 2 weeks. I may have to postpone my trip now because of this RFE delay.
It took 2 weeks for the RFE to arrive by mail. Too much time is getting wasted....
I wonder why they cannot combine the EAD and AP as one document.
more...
Pankaj
04-17 11:04 AM
I would suggest send an email, fax and certified mail asking your salary and give a time of a week.
Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.
Fill WH4 form along with copy of H1 approval and submit to the office of DOL where you worked for that period.
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snowcatcher
05-22 08:12 AM
This is the actual study that was referred to in this article. It seems like they just posted it? It's timing is perfect. Looks like we are going to be lucky. Let's hope so.
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf
more...
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calgirl
08-07 09:14 PM
Infopass should be able to get you NC info. It just depends on the IO officer there.
I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.
Nebraska is not actively processing India EB2 cases.
Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.
Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!
Hope this helps..
I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.
The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.
I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?
Any idea?
cheers
Sidharth
I had Infopass appointment at San Jose yesterday and the IO officer was very sweet. She told me my NC status.
Nebraska is not actively processing India EB2 cases.
Texas - we have no idea what they are processing on .RD/ND//PD.. God knows.. Its random most probably.
Ideally, if NC has been pending for more than 6 months they should not from approving 485. Again this is luck. !!
Hope this helps..
I had an infopass appointment at San Francisco today to inquire about my name check. I am a July 2007 485 filer. PD March 2006, I140 - May 2006, 485 RD- July 27, 2007 and ND- Aug 27, 2007.
The agent said that they dont hold cases for name check any more since April 2008 and cannot tell what is the status of the name check. I also inquired about my 485 case and she said pointing to the Notice Date of my 485 not the Receipt DATE, that currently Nebraska is processing Aug 10th cases.
I wanted to know from you whether there is any other way to get the info about name check and whether the processing is based on Reciept date or notice date?
Any idea?
cheers
Sidharth
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Maverick1
09-26 12:25 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
more...
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ramaa
06-23 06:19 AM
Could you please provide your input on this . Thank You.
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anilsal
03-17 01:19 PM
it is very important that you seriously consider the options you have at the earliest.
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
more...
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himu73
04-09 03:19 PM
I have observed senior members constantly heckling anyone trying put their views asking "Have you given any contribution ?" "How have you contributed to any work?" This is a democratic cause and i think we not heckle people. It will erode the support base. We need to understand that out of all the members only few percent will contribute. Constant repsonses to people expresssing their view will either drive people away or will not allow more creative ideas to come out. Take this case. It is a very good idea to go to Indian channels. I would expect a response like "Lets approach them and try to convince about our cause" (I know when i am writing this, next post will be why dont you try clling. I am ready but such a responce will dampen anyones spirit. Consider our activity like a profit center. More people and ideas is the driving force.Money is important but people who understnad the cause wont wait to contribute anyway.
Hope this make sense and we have more positive posts !!!
Hope this make sense and we have more positive posts !!!
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gc_perm2k6
03-06 01:38 PM
Both the points are very reasonable. Lets try to send letters.
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meridiani.planum
06-01 08:01 PM
I just happened to see a copy of my labor approval. My current salary is less than the salary mentioned in labor approval. Do you know whether it is legally valid?. My salary is as per the LCA for H1.
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
its fine. Your salary should match the LCA salary. The LC salary is for 'future job'. the only place it might come into play is if your employer is very small, and there are ability-to-pay issues (here, if your current salary matches LC salary then its easier to say that employer has ability to pay).
lost_in_migration
05-15 12:38 PM
/\/\
karthikgk
02-19 07:01 PM
Thanks guys for making the effort to understand my situation.
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
i now need a couple of clarifications:
pune_guy, you are spot on in your interpretation that it would be a hard sell for an EB-2 application with the current employer.
So now, if I do change a job, I would have to use my EAD and hence I would have to join as an engineer(Because my understanding is, even though my current role is Business Development, my GC application is for an Engineer role and hence any new job based on EAD would have to be that of an Engineer).
Is that understanding correct?
Further, the new Eb-2 application from my would-be employer would be for an Engineer position.
Are my assumptions correct?
Thanks much
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