simple1
05-02 02:00 AM
http://www.state.gov/documents/organization/87867.pdf
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
status: refers to immigrant status like lawfully admitted, parolee, denied, etc. not refering to preference category (fb eb etc).
ORDER OF CONSIDERATION: just means priority date of primary, which I agree derivative can and must use primary's PD. All I am contesting is about quota.
http://www.uscis.gov/propub/ProPubVAP.jsp?dockey=c9fef57852dc066cfe16a4cb81683 8a4[/url]
203(d) => Treatment of Family Members. - A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 101(b)(1) shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c), be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.
same status can be EB GC or just GC ?? If it is EB GC then this thread can RIP
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chanduv23
04-20 01:58 PM
Can we assume there are no issues?
SunnySurya
08-18 01:32 PM
I don think this issue concerns you. So , with all due respect, please BACK OFF.
Sunny Surya,
With all due respect let me make a couple of observations here.
1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.
2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?
3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?
If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?
One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.
Thanks!
Sunny Surya,
With all due respect let me make a couple of observations here.
1) First you file a lawsuit that prevents fellow Eb3's from porting to Eb2 at a later date, even though those individuals may have advanced in their careers and would be eligible for better jobs.
2) Now that you have successfully broken a united community into two factions, you want the IV core to now further take up the "Eb2 cause" against the USCIS, because YOU cannot file a lawsuit against the USCIS (the 500 pound gorilla) an organization that doesnt give a c**p about the immigrants and even its own internal processing "rule"?
3) Let me ask you, WHY should the IV core help ONLY the Eb2 at this point. You and some other Eb2 members were and are flexing your muscles against the Eb3 members who have been suffering in the EXACT same manner. What exactly have YOU contributed towards uniting the Legal employment based community and what have YOU done to help the Core team so far, that you now ask the core team to specifically take the Eb2 non-sequential processing up with the law-makers?
If you see a problem with the non-sequential processing, why dont YOU write to your own senators/congressmen and ask them to follow up on your individual case?
One more thing, if you are planning on replying back saying that "This is my last post on IV" so be it. IV does not need members who think of just themselves. And yes if you are planning on giving me red/gray/green dots please feel free to do so.
Thanks!
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gmpa
07-20 08:23 AM
Count me in.
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sina
11-18 02:53 PM
Sent the email and received email from John Kerry. I donated $100 this afternoon and still do not have access to the Donor Forum? Is there anything more to get access?
knnmbd
05-03 10:53 AM
I don't mean this to be subjective. Earlier, I hv also seen a few others raise this question on the Advanced Degrees and exemptions.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
Master's Degree in the US from an accredited Instituiton plus three years of related Work experience but the employer may have chosen to file under EB3. In my case, my employer does not acknowledge the Advanced Degree indicating that the position for which the labor was granted for did not warrant a Master's Degree.
What are my options for availing the SKIL or STEM/PACE provisions? I seem to meet all clauses to be deemed portable. Can I port to a different employer who may be able to further the process through these provisions, as and when they come into effect and continue being on EB3, but being exempt from the limit? Does this shake the grounds of the labor approval (for EB3 and the position not mandating an Advanced Degree)? Am I stuck? I have even considered changing my category to EB2 and being able to avail the priority date...
The Master's degree + 3 years experience will be a requirement that the USCIS will have to be exempt from the cap. It does not matter if you�re employer has filed with min. requirement as say a B.S + 2 years exp. When you hit the 3 years of experience in related field and ALSO previously have a M.S degree from the U.S university you will be able to file for your I485 regardless of whether your initial LC said that the min. qualification for job said just a B.S. Please correct me if I am wrong.
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h1techSlave
05-01 10:58 AM
I think this is an unexplored point. Thanks for bringing it up guys.
I think IV needs to hire a good immigration attorney. May be IV can start a new funding drive to see, if members are really interested this hiring an attorney. The same attorney also can help us by answering our questions.
I think IV needs to hire a good immigration attorney. May be IV can start a new funding drive to see, if members are really interested this hiring an attorney. The same attorney also can help us by answering our questions.
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vaishnavilakshmi
07-05 03:56 AM
My 485 application reached NSC on July 2nd at 10:25 am.
by FEDEX.
Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?
vaishhu
by FEDEX.
Hey when have u mailed ur papers?????29thjune or 30th june and when is ur PD?
vaishhu
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hindu_king
05-08 03:01 PM
How about getting together on the 20th of this month,
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
What location?
Move fast and hold a rally or send out flowers to Obama administration for their racism towards immigrants.
Act fast, I know 20th is close, think about is as an emergency
What location?
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anandrajesh
05-28 12:41 PM
Me & My wife,
emailed Minnesota Senators + 10 senators mentioned.
emailed Minnesota Senators + 10 senators mentioned.
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ragz4u
05-02 12:38 PM
I am not sure about that. Most of the EB3 guys have advance degrees (including me) but not necessarily with US degrees.
I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though
believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree
I disagree with this too. Here are a few examples
1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
5) Sheer ignorance on the part of the beneficiary
I would not agree that most folks in EB3 have advanced degrees. Most do not. They have lot of experience though
believe me...you would think that people with advanced degrees would have applied in EB2...but there are cases where people have had to apply in EB3 category even with an advanced degree
I disagree with this too. Here are a few examples
1) A couple of years ago, when there was no retrogression, most folks did not want to take a chance and thought EB3 was a safer bet
2) Many Advanced Degree holders from US Univs joined a firm and their GC was applied immediately. But since they did not have enough work ex, they applied in EB3
3) Lots of scrupulous employers heard about retrogression and were actually very happy. They purposely filed even highly qualified folks as EB3 so that their abuse can be prolonged
4) Incompetent lawyers who felt they would not be able to prove the necessity of EB2
5) Sheer ignorance on the part of the beneficiary
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Shaikhtabrez
07-12 01:01 PM
New Traps for Aliens Filing for a Green Card (http://www.rreeves.com/articles/immigration_en_10575.php)
does this mean one cannot use wad for primary job?
does this mean one cannot use wad for primary job?
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hiralal
05-08 05:36 PM
I guess country quota was an idea to make sure that nationals from one country don't become a voting bloc ..plain and simple ..and hence illegal immigration became such a hot topic since it seemed that mexicans would become a huge voting bloc ...
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cnachu2
03-04 10:10 AM
I sent check for $45 on last friday.
Thank you for everything.
Chandra.
Thank you for everything.
Chandra.
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Lasantha
02-05 04:47 PM
So is it a problem if you try to go for landing AFTER you apply for AOS?
What about those who landed before they filed i-485?
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
What about those who landed before they filed i-485?
I google'ed and came across not-so-good information about this.
http://www.immigrationportal.com/archive/index.php/t-188813.html
or just google "canada landing while I-485 pending" and read other links as well. Some attornies think accepting canada greencard MAY impact USA greencard! :eek:
Any more light on this aspect?
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go_guy123
02-09 12:15 AM
Sorry if this is not about GC or any US immigration processes...i just would like to know if anybody can help me or provide me the procedures to obtain Canadian PR. I already had an assessment done (me and my husband under H1 here in US as Accountants ) and we have I-140 and 485 pending. We are thinking of trying Canada.
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
Get a CFA level 1 done if possible that will boost your job chances a lot
I always checked and read this site but this is my first post and your help would be greatly appreciated.
Thanks in advance.
Get a CFA level 1 done if possible that will boost your job chances a lot
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simple1
05-01 03:38 PM
Is suing the only option? USCIS could be making unintended mistake. We want to get clarification in a smoother and faster process before the flood gates open in October.
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
If our interpretation is correct, how many of you are willing to sue CIS??
There should be some other legal-process to get written clarifications/interpretation etc on the law (like some kind of AILA discussion with CIS).
If our interpretation is correct, how many of you are willing to sue CIS??
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lazycis
10-11 03:16 PM
What happens when one filed labor under software engineer and then uses AC21 to switch jobs to a different company with a different job description like architect, product technologist or technical product manager.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
The job description says designs architects and develops software. A product tecnologist,product manager or architect can be doing the same work in addition to other job functions.
I did use AC21. The law says (see 8 USC 1154(j)):
"A petition under subsection (a)(1)(D) of this section for an individual whose application for adjustment of status pursuant to section 1255 of this title has been filed and remained unadjudicated for 180 days or more shall remain valid with respect to a new job if the individual changes jobs or employers if the new job is in the same or a similar occupational classification as the job for which the petition was filed."
So salary, job locations, etc. do not matter. What does matter is the job classification. As long as you are in the same field and do the same or similar job, you'll be fine. My company's lawyer told me that they never had a problem with AC21 (company has 100,000+ employees).
Now, I am not sure if someone can leave the job, leave the US and come back 3 months later to work for a new employer. I think it's safer to have a continued employment.
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drona
07-09 04:41 PM
Excellent idea Naveen! I hope you don't mind but I have improved the English slightly :) and will create links on those Wiki pages to IV and the articles that you have mentioned.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
Added this info to the profile of Mr.Gonzalez in Wikipedia and also to USCIS and DOS.
kuhelica2000
01-30 02:37 PM
You are absolutely right. These frauds need to be stopped. Because of this fraud H1b quota is used up on the very first day and EB3 India has a backlog of seven years. If USCIS weed out all the frauds, I bet the wait for EB3 india will be no more than 3 years.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
You are already out of status as H1 accounts for continuous employment along with regular pay. H1 visa, job and pay go hand in hand. Any one component missing means you are out of status.
There is no grace period. As the earlier member said, it is a gray area without any specific guidelines. I have seen people stay out of job (status) for 4 months and have used portability or consulate stamp upon getting a new job. It all depends on the IO.
BTW, did you ever realize how unethical it is to use a consultant for acquiring a H1 visa without actually having a fulltime job? For last 7 years I am on H1 myself and have played by rules� I hate people who false represent the facts for immigration benefits.
Because of people like you genuine candidates who have legitimate jobs are left out as you guys get lucky in the lottery even though you don�t have a regular fulltime job. My wife was forced to stay at home for almost 3 years because of people like you.. FYI she had a job offer (from a F500 Inc.) but people like you got lucky when it came to H1 lottery. Not just that but people like you give a bad name to legal immigrant community.
jonty_11
03-05 05:48 PM
I landed in Jan08 thru Windsor border in Michigan. I drove in my car to CA. You'll go to the immigration officer who'll check your landing docs, and then ask you to sign the landing document. Then show them the proof of funds. I had a cashier's check for the amount. Then you'll be asked for an address in CA. If asked tell them you are planning to settle at the address. If you say you are returning to US, they'll not give you the PR card saying when you come to live in CA they'll issue it. I made that mistake. They stamp your passport with the entry stamp. Without a PR card you can't enter CA at an airport. Your only option is driving to CA thru a land border. They'll let you in with just the stamp on the PP. Fortunately I live close to Windsor border.
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
and ur 485 is pending...that is the main questions here?????
As someone pointed out, you'll then go to customs, where they'll check the goods you are bringing or plan to bring later. There are 2 different forms for 'bringing goods with you' and 'goods to follow'. Make sure you fill in all the item in your home on the 'goods to follow' with some details like model number, etc. If you are not planning to live to CA, don't fill anything on the 'bringing goods form.
and ur 485 is pending...that is the main questions here?????
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