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Written By jhonny on Friday, June 24, 2011 | 11:25 AM

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  • jsb
    08-17 11:25 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.

    If your employer files PERM now for the new position under EB2, LC is needed before your employer can file new I-140. I don't know if this will impact your original PD





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  • desi3933
    01-31 06:00 PM
    desi3933,

    Please correct me if I'm wrong but after reading this thread and from what I know ,what I understand is:

    From the time one applies 485 we should have W2 amount close to what is mentioned in LC.
    There is nothing like out of status thing from the time we apply for 485.

    But from the last entry to US on non-immigrant visa to the date of applying 485 once should be in status and if they are out of status for less than 180 days it is considered ok.

    My question is how do we show we were in status from the last entry to U.S on non-immigrant visa to the date 485 was filed ?
    Will the W2 be sufficient or do we have to show our monthly pay stubs.
    You mentioned in your 'Pandit' example about the H1 LC amount...how do we know what our H1 LCA amount is?

    I would highly appreciate response.Thank you.

    >> how do we know what our H1 LCA amount is?
    Your employer should provide you a copy of LCA for H1. In addition, your employment letter should mention salary, along with employment terms, and job profile.

    ____________________
    Not a legal advice.
    US Citizen of Indian Origin





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  • OLDMONK
    07-18 09:26 PM
    guys,
    please go to http://www..com/usa-immigration-trackers/ and go to i485, then enter your case. Hundreds of people track their cases there, and that includes me. This is a good site for tracking purposes and it even generates graphs.

    Please don't expect receiving I485 notices now if you filed on or after July2nd. USCIS is still working on the Jun filings and our filings will come later. Some people say it may take up to 3-4 weeks before we get receipts. If you have record of delivery to uscis, don't worry and just wait. Don't bother calling USCiS, it will not help at this time.

    G


    Really Does is generates graphs WOW. I dont believe you. kidding.





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  • svr_76
    07-29 11:51 AM
    Filing H1 and GC(Perm) are 2 different problems. H1 is temporarily hiring a skilled resource whereas GC is the intent to sponser for permanent immigration. And hence PERM processing is more involved.

    Big corporation, which have to maintain accurate HR job descriptions/codes etc find that during PERM advertisement, they do find qualified applicants. At that point they cannot continue the process. This "recruitment" process is the most costly of the entire GC process and if they "find/receive" applications from qualified citizens/GC holders/Or ppl who dont need sponsership (read EAD) then they have to stop that process....

    So saying that we will do GC is fine..but the current ground realities are different. You can get GC done from Desi consultant bcos the skirt the whole issue and "make" up the job requirement they want..well (read hell) they will even run fake pay stubs for u...so they can do wonders.



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  • bestia
    08-15 04:11 PM
    DOS/USCIS learned to do copy and paste :) "01JAN07"

    And more serious.. it means that not all visas "were made available". So there are still unused visas. Good news for some BEC folks thought.





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  • cal_dood
    07-05 01:43 PM
    I'll just go back to forums of the leading lady immigration lawyer....



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  • logiclife
    02-16 12:05 PM
    Call the phone number under "Contact Us" tab and you will be in touch with people who are volunteers and founders of this org. Talk to them and see what the whole deal is about getting this name check issue into main agenda.

    --logiclife.





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  • sanju
    02-03 05:12 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

    Whatever you do, do not ask Senator Cornyn to sponsor anythiong for us this year. He has been our champion in last 2-3 years and he is a great guy. But right now, democratic majority is very pissed off from Senator Cornyn. And anything Senator Cornyn sponsors/cosponsors will never get done in this Congress. Watch the news about Senator Cornyn carefully, and you will know what I am saying. Stay away from him, and if he says he will sponsor anything for us, request him not to, if you want to get anything done.

    And BTW, the folks you are listing have already supported our provisions in the past, other than the incoming Senator Gillibrand. The important thing is to get the support of the Democratic leadership. Without leadership support, it won't anywhere.

    .



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  • nixstor
    07-04 09:44 PM
    Please stop posting this on every thread. In one line you are just spamming. We all visit Attorney Oh's website often. He does not need any publicity

    immigration-law.com

    07/04/2007: Status and Issues Involving July 2007 485 Fiasco

    * The AILF work on the lawsuit appears to be in progress without any hurdles. It has reported that enough candidates have come forward to participate in the lawsuit as the plaintiffs and it does not need any more candidates to move forward for the lawsuit. Some of other people are likely to be covered as members of the class action regardless of their actual participation in the lawsuit. People should send "THANK YOU" to the AILF Legal Action Center leaders and the attorneys who are actually working on this case. Some contribution to the AILF may be more than appropriate. Please visit the AILF site to learn how they can send in contribution.

    #
    # We have been asked by the readers to report the alleged conspiracy theory. We declined to do it. However, people may want to know potential issues that should be answered and explored. We will discuss these issues on following hypotehtical premises:

    * Presumption of Facts: (1) The I-485 applications have been experiencing a tremendous backlog lately. (2) The causes for the backlog have been known to be delays in the security checks. Some of these applicants have sought a relief in federal courts in the form of mandamus actions. (3) Allegedly, the USCIS pull together local and Service Center employees and pull out pending I-485 cases which were older than six months in backlog, working overtime and during the weekend right before July 1, 2007. This is an assumption at this point. (4) As evidenced by the revised Visa Bulletin, apparently these employees contacted "en mass" the DOS to request the visa numbers for these pending I-485 cases, which the DOS reported in the release of the revised VB turned out exceeding 60,000. (5) The rule requires that the USCIS approves I-485 cases "prior to" to contacting and requesting a visa number. (6) The current USCIS policy and procedure also require that I-485 applications be adjudicated and approved "only after" the completion of clearance of the security checks.

    * Issue I: Hypothetically, what happens if the USCIS takes out the visa number before they obtain the security clearace?
    o Answer I: Obviously it would violate the rules and the laws.
    o Answer II: It will constitue a serious security lapse, compromising the homeland security.
    * Issue II: Hypothetically, what hppens if the USCIS requests and takes out the visa numbers prior to adjudication and approval of the pending I-485 applications?
    o Answer I: It is evident that the USCIS would violate the rules and the laws.
    o Answer II: There could be two probable consequences affecting the backlog I-485 applicants and the new July Visa Bulletin eligible I-485 applicants, shoud the hypothetical facts develop. (1) The backlog I-485 applicants who have been issued I-485 approval notices should not be affected by the fiasco, albeit the potential revocation of the I-485 approvals. In most cases, revocation of the approved I-485 requires the time-consuming immigration court proceedings, assuming that the USCIS has a sufficient cause of action which may be questionable in this case. (2) The backlog I-485 applicants who have yet to receive the approval notice and the USCIS has yet to adjudicate and approve the application might be vulnerable in that the USCIS might be required to return the visa numbers for these cases as there was an error. Hypothetically, these numbers could be returned to the State Department and based on these returned number, the State Department might be required to revise the July Visa Bulletin again.





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  • at0474
    12-22 12:24 AM
    lazycis,

    Thanks for the quick reply.That was useful information. I also read the document on the link you posted.

    This had happened to a dependant visa holder(h4). It was not renewed in a timely manner alongwith h1b. However, passports were sent for revalidation (in the past, we used to be able to do revalidatoin of visa by mailing the passports to st.louis) and the passports were stamped with new visas. Upon realizing overstay later on (over 1 year), according to legal counsel, she left the country and re-entered with a new I-94. This had made it possible to fall into the cycle of h4 extensions since last entry.

    However, her pending I-485 seems problematic.

    Is there any way out other than hoping that IO would not notice it? Her brother is a U.S citizen and her daughter too. Does that help? I doubt it...

    Thanks.



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  • Canadian_Dream
    04-10 05:56 PM
    the fact that reform is needed does not mean this is the best way.
    and btw i wonder what happens to true consulting companies- BCG, Oracle etc whose business is to provide these services. They are not some abusive offshore operation....how is it fair to them? Seems a bit radical to me...not that i oppose the need for reform.

    My only point was: the way H1B was set-up there was too much leverage to the corporations. This led to abuse by them at your and my cost. End result was wage depression, Green Card Backlogs and now H1B crisis. No matter how you argue it, the abusers have been a clear winner as an end result. Look no further than mushrooming of recruiting companies, and growing profit margins of TCS, Infosys and Wipro.
    In the end the reform has to come, unfortunately it came again at our cost. I agree it is not the best way to reform it, because it isn't in the best interest of H1B holders, but I guess the intention here is to stop the abuse at any cost. The best way probably would have been making H1B independent of the employer but again me and you are not kept in mind when a law like this is being written. What happens to BCG, Oracle etc, perhaps law should provide a way to separate wheat from chaff. If you take a closer look at it, these corporations do provide consulting services but consultants are still "Permanent Employees" with a fix wages and benefits but body shoppers have a different model with unpaid bench period and what not. In fact you can find
    Permanent Residents and US Citizens wanting to work or working with BCG, Oracle etc, but you don't see that with bodyshoppers and that's why I guess the 50% US Citizen clause in the proposed law. Please don't confuse this with the notion that I support or oppose this law. I am just trying to argue that if off shoring companies (Infosys, TCS etc) with 90% H1B's and local body shopping firms 100% H1B are getting punished I have no sympathy for them. These are the same people who refuse to give people copy I-140 approval notice and file for 59 Green Cards out of 20,000 H1B's they bring.


    How about sending back all H1Bs ? If there is no cheap labor around , the salaries for all others (Citizens and GC holders) go up. I so want to see 250 an hour rates.
    Applying your logic , you should get a job in your home country if you are smart enough.
    You should first read the original post that I responded to understand the context. As far as wages are concerned it is because of these corporations that hourly rates however high look meager when H1B statistics are collected by DOL, because a large cut is added to profit margins. That's why opponents of H1B program can point finger and say prevailing wages are not market wages. Do you support this practice of making profit by eating away a huge chunk of your pay just because they sponsor H1B (a Green Card the retention benefit to continue doing this for atleast 3-4 years) ? If you are then you are doing it at your own peril.

    Check out some of the prevailing wages and see for yourself if these are real market wages:

    System Analyst in San Jose California $64K
    http://www.deloitte.com/dtt/cda/doc/content/032807_systmsanaly_sanfranciscoCA.pdf
    Consultant in San Francisco 55K
    http://www.deloitte.com/dtt/cda/doc/content/032807_taxconsII_sanjoseCA.pdf





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  • jetflyer
    08-10 12:28 PM
    http://www.dhs.gov/ximgtn/statistics/publications/LPR07.shtm

    see table 6 in that link

    Thanks VDLRAO.
    I looked at 2008 data from same source and surprised to see 70046 approvals for 2008-EB2.
    Does that means there are not many old cases in line ahead of us?

    Source link: DHS | Yearbook of Immigration Statistics: 2008 (http://www.dhs.gov/files/statistics/publications/LPR08.shtm)

    check for table 6



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  • bijualex29
    07-24 09:31 AM
    I think that is a very good idea, we should have several backup plans.
    I never thought that �Ability to file I-485� is within USCIS power.
    I too have researched and found out that the just � Memo � was issued to change the procedure to file I-485/I-140 concurrent filing.
    Here � Ability to file will be within USCIS power� , but granting a green card is controlled by law.





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  • EB2IndianGC
    09-23 01:48 PM
    We got approval email for myself + spouse and daughter today. I had waited for this since 2002. :)
    Your Case Status: Card/ Document Production

    On September 23, 2010, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.


    This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

    If you do not receive your document, please contact our National Customer Service Center at 1-800-375-5283.

    Congratulations on your GC approval. Do you know how long it generally takes after responding to a RFE to see change in your status?



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  • seahawks
    10-26 09:58 PM
    bump, action item, please notarize and mail. Please keep this thread active!





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  • Aah_GC
    04-25 10:51 AM
    I used AC21 twice. Both times I informed USCIS, EVL contained exact job description but different title. Did not have any AC21 related RFE and today got 'CP ordered email'. :) good luck to all!

    Hope this helps...

    Thanks much Dude!



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  • varshadas
    01-30 03:15 PM
    Do we need images? Can't we just have text on a yellow paper with appropriate text highlighted? We want to emphasize on the text. Not sure what value add an image can have unless we have someone standing in a line outside a gc office with window and we could put something like .. another 5 years... The images has to be in sync with the text. I am not for putting a picture of the capitol hill so much. We have to emphasize on the problem. This is just my opinion.

    Thanks,
    Varsha





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  • sanjeev_2004
    06-30 09:33 PM
    In my opinion July 9th onward is the best time to send 485 packages to USCIS. But this is only my opinion and understanding and every one is free to do any thing with their own decisions or with help of their attorney.

    Most of the time my many decisions didn’t proven to be good in past as for as my GC processing goes. So please take your own decision yourself and dont be stressed.





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  • psaxena
    05-26 07:10 PM
    I lost you there. Being silent and possibly getting arrested is protesting in a legal manner ? Why would you do that ? There are numerous other means of doing it.


    Being within 100 miles of the border ITSELF is grounds for being asked the question about your immigration status as per that law. There need not be additional suspicious activity.



    Do not get me wrong, I fully agree with you on how bad it is to be subjected to such trauma. Suggesting being silent at the cost of being arrested is what bothered me from your post.

    I am not sure if they asking me to step out for further questioning or even taking me to a police station would be consiered an arrest. i mean i don't think the event will be recordded in my history/profile in such a way that anyone reviewing my history will say "eb3_sep04 was arrested in NH in May 2009 for ....". I think detention is not same as arrrest, i view detention is something like cops requiring anyone wait reseonably longer (> an hour or so). they wouldn't handcuff me for not saying a word. Again these are just my thoughts, i am not an expert on those jargens.

    I am sure you are not going to be silent and also going to act like a puppet when the border patrol will ask you. I have seen the similar case, when I was travelling back from india this fellow was ahead of me in the line at POE , his photo from the passport fall off and when he went to the officer and the officer asked what is this.. he was talking like a shivering cat. After interrogating him for an hour or so, he was let go.
    Luckily he was sitting next to me in the connecting flight, and now he was telling me the story in a totally different way. " I told the officer what can I do if the photo from the passport fall off".
    "I am waiting , but make sure that I get my connecting flight I got a very important meeting"... blah blah..

    I was laughing out loud in my heart.. Its quite interesting to see these kind of personalities.
    So I know what you gonna do , next time when you meet the border patrol. Accept the fact that we are middle class , god and immigration fearing creatures, who definitely have a lot of anger and aggression towards these laws and discrimination but cannot do anything about it and Also we like the life style and show off to the relatives in the India, that you are smart and rich NRI, are the reasons, we are not leaving this country despite of all these things.
    Good to know all this so while travelling just be prepared.. but I dun see a reason for making this coversation of 10 pages thread.
    Well I am gonna get more reds.. but I dun care.





    CR1
    04-16 08:56 AM
    Thanks Vijay. Does anyone else have anything to add?





    GCard_Dream
    09-18 12:23 PM
    Did you tell that to John McCain? He still believes that fundamentals of this economy are still very strong. I sometime wonder if he is getting it confused with Chinese economy.

    If you have been following the news this week, the economy is really in trouble. Specifically financial and insurance sector. Dow plunged around 900 + points in last 2 days.



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