CaveMan232
10-22 12:28 AM
The future appears bleak and depressing considering the recent FOIA numbers which put EB3 GC wait times at approximately 8-10 years. Is there no hope at all? :(
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veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
jambvan
04-12 01:19 PM
Is this true??
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
I thought after 180 days, revocation of I140 by old employer will not affect the pending I485?
Once your I-140 is approved and pending I-485 passed 180 days you are free like a bird. Enjoy the sky and don't worry.
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thesparky007
05-17 09:14 PM
That looks really nice sparky!thanks
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yagw
12-08 02:14 AM
On the infopass web site, there are four categories, and I can't relate to any of them. I don't have an SR because the rep refused to open one; I don't have a notice. Is it still possible to go for infopass?
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
You made a different selection at the first step.
Under
Please select Kind of Service you need
You need Service on a case that has already been filed
You are a new Permanent Resident and have not yet received your Permanent Resident Card
You want to file an application in person
You need information or other services
You need a form.
You are a United States Military Member, Military Retiree or a Military Dependant
I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.
We offer 4 kinds of appointments for a case that you have already filed. Please choose from the following -
Order from Immigration Court - If you were directed to us for processing based on an order from the Immigration Judge. You must bring all documents required in the post order instructions given to you by the court.
Case Processing Appointment - If you received a notice to go to your local office for further case processing.
EAD inquiry appointment - If your I-765 employment authorization application has been pending for more than 90 days.
Case Services follow-up appointment - If it has been over 45 days since you contacted NCSC and have not received a response to your inquiry. You must bring the Service Request ID Number related to your inquiry to the appointment.
You made a different selection at the first step.
Under
Please select Kind of Service you need
You need Service on a case that has already been filed
You are a new Permanent Resident and have not yet received your Permanent Resident Card
You want to file an application in person
You need information or other services
You need a form.
You are a United States Military Member, Military Retiree or a Military Dependant
I guess you chose option 1. Here if you choose "You need information or other services" you can schedule one. Try your luck with infopass - it depends on the IO you talk to. Tell them that the customer service rep told you to go to infopass to get the PP stamped.
hypersphere
01-05 04:05 PM
I Agree there are some particularly bright ideas about fund raising but I dont think there is any significant variety in opinions regarding immigration floating around that we might miss. I would rather have people put their opinions into practise (by contributing) rather than simply share them.
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iamvenkat
06-20 04:14 PM
I got my i-140 copy and I changed employer. now it is good that we can file 485 without help of employer, how do we make sure that previous employer revoked or cancelled my 140?
Please clarify. your help would be much appriciated.
Please clarify. your help would be much appriciated.
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kiru_99
10-31 09:58 AM
Mine is similar case. While sending the application he missed the 2 pages of my wife's I485 application. He said he will try to send it again. Not sure what happens. :-((
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GCA
05-18 06:04 PM
Since the queue for EB3 India is very long, and if many EB3 India people change over to EB2, that will slow down EB2 India and this is what the May 2011 Visa Bulletin also says.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.
EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').
So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.
But shouldnt this make EB3 India go faster?
Then why do we see slow movement in EB3 India?
EB3 is currently in mid 2002. All EB3 filers till 2003 and may be early 2004 have waited enough and don't want to port at this time. till mid 2003, most of them received the GC during 2007 From my perspective, I don't even care if it ever comes. Couple of more years on EAD and I am set to go back. Having said that, I will still take the gc anytime it comes and if comes:). Just not after it.
EB3 to EB2 porting is more done by filers from 2004 thru' 2007 and for a good reason too. ( they will not get in a decade if they stay in EB3 unless recapture or other bills goes thru').
So to answer the question, porting will not easy the traffic until the date moves to end of 2003, then you can see some improvement as some of the original EB3's have made a smart choice and probably weree citizens by then.
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hazishak
08-01 11:16 AM
I know it is not the right place to put it. But I could not find any appropriate thread..............................:( :( :(
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gc_on_demand
04-22 11:12 AM
Hello Folks
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
I had valid stamp till 2011 but at POE I was given H1b till Nov 2010. My lawer told me that person at POE may have made mistake. My old stamp has validity Nov 2007. So he may have overlooked and give me 3 years stay based on that stamp. ( US consulate didont put dark stamp ( Cancelled without prejuidice ) . It was just marked with pen.
Now my 6th year will expire in Nov 2011. I have I 140 approved. so when I apply for H1b ext in Nov 2010 will I get 3 years or just till Nov 2011 and then again new extention for 3 years ?
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beautifulMind
11-27 04:31 PM
to be fair to USCIS they did try to get out of the fiasco on july 1 by moving the dates back again Eventually they were forced to accept it again..
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
They clearly knew this was cash cow so why did they want to cancel it in the first place..
Its a lot of money and its definitely a lot of work as well..There are also no signs of hiring new stafff..most of extra cash they getting is being pumped into other gov projects so the staff is still being overworked and I am sure will be complaning
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Saralayar
07-27 11:53 AM
I left it blank and specifically asked my attorney if i can leave it blank , he said its ok .
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
My attorney specifically asked me to fill that. First I forgot to fill that. They specifically send mail to fill that. Not sure.
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lazycis
10-05 11:15 AM
Yes, you are right. Now that I think about it, I do remember seeing that a person can apply for their AOS within 6 months of their being out-of-status. I am in close touch w/ my attorney, and he seems to be OK with the situation, but after seeing some disturbing tales on these forums, I wanted to confirm.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
Yes, but the time she was without status will count as unlawful presence (depending on I-94). No worries, only 180 days or more of unlawful presence will trigger a three-year inadmissibility ban (see the INA � 212(a)(9)(B)(i)(I)).
I would also advise her not to leave the US until she gets an approval.
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WillIBLucky
06-18 10:44 AM
But, when the doctor asks you if you having any history of problems then you may have to tell him that.
Else, you should be fine. Good Luck
Else, you should be fine. Good Luck
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ragz4u
04-10 12:42 PM
Thanks to all those who have responded to us. We will send out an email to all very soon. We are also planning to have a conference call sometime this week to go over this.
Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!
Others, please consider volunteering...as we said before, all we need is 15 mins (max) per day and you might not even have to work on this everyday!
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skarthy
07-18 01:30 PM
I have e filed on 7/2, there was soft lud today, do you have a soft lud when ur FP notice is mailed? has anyone seen the same??thanks for your reply
I check with my freind who got it yesterday, his LUD or message did not change.Its was the same as from when he got the notice.
I'll have to do a change of address soon. Planning on doing it over the weekend.
I check with my freind who got it yesterday, his LUD or message did not change.Its was the same as from when he got the notice.
I'll have to do a change of address soon. Planning on doing it over the weekend.
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sandy_anand
10-30 03:47 PM
Trust me.. Unless CIR passes or fails nothing is going to change. These introductions are base less. Its like just a thought. Even all of 500k professionals who might be stuck at various stages of GC process unite and call to pass it . It will not pass. Period.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
Hispanic caucus will not allow any piecemeal approach for immigration. They are holding EB reform for illegals. So lets hope that CIR gets introduce and pass with our relief. If CIR passes then it will have recapture. If it fails then we can try for recapture or any of these without worry for hispanic caucus. So I dont think so IV or even any organization like IV can do anything for next 6 months where CIR may get a chance. All we can do is call congress man and ask for support when CIR discussion comes on floor.
We may achieve some admin fixes if current administration really wants to help us.
I completely agree with what gc_on_demand said. The recent immigration provisions that zuhail is referring to is merely an extension of the sunsetting EB4 and EB5 programs. They HAD to renew it since otherwise the applications in process would be in limbo.
Unless CIR is introduced, no other EB relief is going to happen on the legislative side. If CIR passes, we will have increased visas to clear the backlog - since without first clearing the "legal" backlog, they wouldn't dare issue a single GC to illegals. If not, then recapture stands a definite chance since the Hispanic lobby would then be more open to a "piecemeal" approach. My 2 cents.
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jsb
11-05 02:20 PM
Friends,
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
Looking at this 180 rule. I feel getting through this 180 days is being hell.
All this becuase we need freedom and going through rough times.
Good luck to one and all.
What if USCIS had not screwed up by using all "C"s in July bulletin? You would not have even filed AOS !! Think positively. And don't show even a sign that you are waiting for 180 days; just count them inside. Until then your sponsor can pull the plug anytime by revolking your I-140, and if that happens, you are back to square one.
st4rguitar
04-06 02:02 PM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Regarding the EB3 initial case you filed, the requirement should have been a 4 yr bachelor's degree plus 1 year of experience with the alternative requirements of a 3 year bachelor's degree and a 3 year master's degree. We took over a case like this from another law firm where it was denied and we won ONCE, maybe because the officer was in a good mood. Likely, you are right, the appeal will not go through.
Your master's degree can be obtained while you are with your current employer, yes, as long as the employer doesn't pay for any of it. Your experience however must be with a different company or in an extremely different position within the company (sometimes hard to prove, though.)
You can work on the process for your EB2 case, but I highly doubt it would be advisable to file a new EB2 I-140 petition for the same company while the other I-140 with the same company under EB3 is still pending. One big reason would be ability to pay. The best thing to do IMO would be to wait until the new EB3 petition under I-140 has been approved and then file the new EB2 and do a re-capture of the EB3 priority date.
GCSOON-Ihope
11-02 11:47 AM
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
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