kaisersose
08-17 10:06 AM
hi everyone,
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
I want to get feedback about the possibility of pursuing PERM for EB2 and still capture my PD for EB3. Here is my situation.
I am a South Korean with PD in Dec. 04 on EB3. I filed I-485 along with EAD & AP on 7/25/07.
I recently got a master's degree in another field, and my current job can hire me in a different position.
Q1. If I ask my employer to file PERM on EB2 for the new position requiring the master's degree, I should be able to capture the PD (12/04) for my EB3, right?
Q2. Based on the september visa bulletin, should I wait on the EB-3 AOD application to be processed or would it be faster to switch to EB-2 and refile I-485? Please explain why.
Thanks.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
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Openarms
08-11 02:42 PM
Please email to Compete America (info@competeamerica.org) see if they can help us at this point.
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
Just say number of years waiting for green card under EB3 category.
They know the issue very well..All they need is some momentum....
Search | CompeteAmerica (http://www.competeamerica.org/search/node/india%20EB%E2%80%903)
vandanaverdia
09-11 04:19 PM
bump
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harish
05-29 10:05 PM
Here is a cross-reference to my other post with the case updates...http://immigrationvoice.org/forum/showpost.php?p=249686&postcount=85.
Received our cards today!
Good luck to the rest of you waiting on your approvals!
Received our cards today!
Good luck to the rest of you waiting on your approvals!
more...
akilhere
10-21 02:43 PM
I replied to my RFE last Friday and the status changed to Reponse Review. I got a soft LUD yesterday. Nothing after that!
bheemi
07-02 07:03 AM
i can say only one thing..IV willl not be able to do anythingin this regard.USCIS can do anything whatever the way hat want to do.
more...
grinch
03-07 04:17 PM
thanks guys, almost got my final render complete!
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gc_check
07-29 01:19 PM
Given the unemployment rate and also the current market condition, it is not really favorable for starting a Green Card process (Labor/PERM) if you belong to one of the field, where there are adequate number of people already available. The recent economic conditions has flooded the market with many people who might qualify, as the requirement is to accept any US Citizen/Perm Resident, if one has the minimum qualification, even if you do not have all that is requested for. Future GC holder might like this provision after GC !! It is now become even difficult to prove that no matching candidate was found. If you are eligible for EB1/EB2 (National Interest Waiver / Exceptional Ability) where you can get a waiver for labor and go for I-140 directly, then you have a better chance. Sadly (IT/Consultants) etc do not come under this, unless you are that exceptional with many patents, etc.. and have a better designation in the organization. Even couple patents would do no good in this case :(. One of the first step for GC, is to prove that it is not adversely affecting the US Citizen/Permanent Residents already in the country and if the HR is sure on this, they can't prove that no US citizen is available, they will not process GC. Remember the TARP Funded companies had restrictions imposed on them. Some of the companies listed are all good corporation that do thins per the law / books. Well, unless it is a small body shop totally rely on Consultants / Non-immigration worked for any reason, big companies will not spend extra $'s to get the Attorney's to be more creative to get through the process. When supply is adequate, they do not care. Unfortunately this causes so much stress / difficulty for the applicant going through the general EB3/EB2 (labor) category and USCIS slow processing and loop holes that were not addressed in the past but addressed now (Labor Sub. / Diff. process window in diff region, when people with later dates go through first,) per country limit, lost visa numbers cause enormous delay and added stress, but irrespective of all this, people still make it through eventually. A little patience and being persistent and take right steps will help regardless. We all know, the system is bad, complaining against it would not change. Work on making some positive influence on the system and even you fail many times, with each failure you go one step closure to achieve your goal. There were some success/relief that was obtained with the efforts of IV and the likes.. some set backs, but things will change for good. Sadly, due to lack of time, some people get affected the most and others not so much. Thatz life and real !!!
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
In your case, It is sad, they will not do GC as you were told at the time, when they hired you. But the reality in this is country --> Employment @ will and if you go through rest of the documents you have received, you will also see another clause "Either party can terminate the employment relationship, with or without reason with 2 weeks or without notice" depends on the company wording /time might change. Keep trying for alternate option that will help you get what you want.
more...
gk_2000
08-10 03:19 PM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
Sir,
Thanks for your valuable contribution with "relevant" post
Sir,
Thanks for your valuable contribution with "relevant" post
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xela
07-13 08:09 AM
I know most of you are EB2 but hey I am happy that EB3 finally moved to 2004 now I just am waiting for it to go to june 2005 and I just might get my card ;-)
Grats to all that became current and good luck guys! I know being current doesnt always mean you get your crad right away, so I wish you all the best!
:)
Grats to all that became current and good luck guys! I know being current doesnt always mean you get your crad right away, so I wish you all the best!
:)
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DDD
03-15 12:17 PM
hhmmm.....architecture would be cool. But I think that would focus to much on the rendering than the modelling. I really would like to do a character contest. SOmething robotic that leaves the modeller to make it as detailed or as not detailed. But it is up to you. I need to add more 3d pieces to my folio, so I am really going to do it the this time lol. Since the time frame will be so long. We should try to have intermediate deadlines or WIP posts to keep interest in the contest.
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satyasrd
09-09 12:48 PM
Thanks for this post. I was about to post something similar myself.
Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !
EB3 seriously needs to wake up.
Seriously what is EB3 I thinking ?!? Pretty soon it will only be them stuck in this mess.
I know several who have literally substituted their EAD for their GC and settled down comfortably. Absolutely ridiculous !
EB3 seriously needs to wake up.
more...
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coolmanasip
03-10 01:05 PM
Change of employer does not imply your use of the AC21.....the rule does not require you to notify USCIS....so in many cases, if you do not notify them, it is likely that they will never know and approve your GC. But, if they issue an RFE and if your sponsoring employer gives you the offer for future job you should be okay..........you may only have to work for them for at least a little bit after you got your GC....
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mirage
02-03 03:54 PM
Guys we need to see the staff of 4 people. Congresswoman Zoe Logfen, Senator John Cornyn , Senator Arlen Specter and Senator Gillibrand. I have spoken to the offices of 2 of these Lawmakers, and they have always shown the understanding of this issue. as you may know recently elected NY Senator Gillibrand mentioned about 'some country people waiting for 8 years', this tells her understanding of the situation.
I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
also please suggest on conferencing facilitie..
Thanks
I have 4 people sent me emails, It would be good if we can make a group of about 20 people...It'll also help if people of these 4 states come forward...
also please suggest on conferencing facilitie..
Thanks
more...
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sammas
07-12 04:41 PM
Sorry to say this but 1st March is not considered. Hopefully your PD will be current in next Sep 2010 bulletin. Good Luck!
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delhiguy
07-09 03:43 PM
I was surprised to see that nowhere it was mentioned that USCIS processed 25k petitions over the weekend (or nearly 60k in 2 weeks) as reported by some USCIS officials last week and in many cases broke their own regulations by approving several cases with pending background/name checks. That definitely sounds to me like a conspiracy against July filers....In my view, that should have been one of the strongest points we can use against USCIS. I dont think we have a case against DOS as they had to revise the bulletin as USCIS requested more than available Visa numbers and exhausted the quota.....Even Dr. Rice made it clear in her NBC interview from the DOS perspective that revision of visa bulletin caused an "inconvenience" to the petitioners....
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
I dont think legally you can sue someone, because they have worked harder.
I posted this link , so that everybody may know the legal reasons, which we can be presented in a court of law.
If this lawsuit is accepted by the court , then the USCIS lawyers would tell what exactly happened.
I till now personally believe , that the USCIS/DOS hasnt broken any law.
They may have however changed a pettern,process , but no law has been broken.
more...
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thomachan72
11-11 09:18 AM
Surprisingly no experts have so far come and posted the problems associated with taking the legal option. I am sure it will happen anytime soon and then this thread will quiten down (just like the F### in the wind as somebody mentioned). As far as I can remember this idea has been raised and discussed and downplayed many times. Dont aks me what the reasons for downplaying were but very soon (if the thread gets bumped up frequently) some "elders" will post the reason why this action is not suitable and will not yeild any results. So hold tight for that post to come.......
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ImmiLosers
11-22 12:26 AM
I am unable to find USCIS internal I-140 adjudication manual. This could be my lifeline. Someone please provide link for it. Thanks!
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maximus777
06-08 06:17 PM
Plain and simple. From now on just imagine that you are working in one of those persian gulf countries - work on a visa as long as you work. This way its less stressful. If you have immigration intent, then enter illegally. :mad:
ponnuswamyp
09-27 12:57 PM
I am worried bcoz, on my EAD card its written "NOT VALID FOR REENTRY TO U.S."
what does this mean?
Please advise.
Thanks
Mahesh
It means you can not use EAD as a travel document to reenter to U.S. You should have valid Visa for reentry.
what does this mean?
Please advise.
Thanks
Mahesh
It means you can not use EAD as a travel document to reenter to U.S. You should have valid Visa for reentry.
minimalist
04-03 12:41 PM
tying GC to housing initiative. You say there are things that can be done without money. Then, when I requested you to outline each step on how to approach, gather people and take it forward, you vanished and you sprout here again.
COntributing or not contributing money is your prerogative. If you don't see merit in something you do not have to contribute. But if you feel something can be done, just don't expect someone else to execute that idea. YOU have to take ownership.
There was a good explanation given on why it needs 10,000. EVeryone knows USCIS asked 5000. That would probably take 2 years time as there are 20,000 requests in queue before this one. Given that fact, they had some ideas to see if they can get a faster response time following a different path. They estimated it would cost about 5000 more.
People who trust them (in terms of their ability and honesty), contributed. If you do not trust them, that is fair enough. But they earned the trust of so many people who are willing to contribute. Believe me, none of the people who contributed have done so after careful deliberation.
Well, even for this initiative, you are welcome to outline steps and then am sure many of the IV members will join you.
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
COntributing or not contributing money is your prerogative. If you don't see merit in something you do not have to contribute. But if you feel something can be done, just don't expect someone else to execute that idea. YOU have to take ownership.
There was a good explanation given on why it needs 10,000. EVeryone knows USCIS asked 5000. That would probably take 2 years time as there are 20,000 requests in queue before this one. Given that fact, they had some ideas to see if they can get a faster response time following a different path. They estimated it would cost about 5000 more.
People who trust them (in terms of their ability and honesty), contributed. If you do not trust them, that is fair enough. But they earned the trust of so many people who are willing to contribute. Believe me, none of the people who contributed have done so after careful deliberation.
Well, even for this initiative, you are welcome to outline steps and then am sure many of the IV members will join you.
very good point and I agree 100 percent ..sad part is that such a good post gets buried under 20 posts which ask for more donations.
as far as I know FOIA campaign was for 5000 dollars ..then it was increased to 10,000. will it increase again ?
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