posmd
06-08 07:45 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.
When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.
In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
Faced with this same predicament. The truth is the US immigration rules were not made to cater for this era of fast paced change and lifestyles.
When the current EB rules were fashioned, mostly in the early 1960s most families had one working household and were generally migrating in the very highest skills level. Opportunities in the high skilled fields were also not as prevalent as they are today. US was not the knowledge economy it is today.
In the same sense people if they would migrate did so just once in their lifetime, nowadays people often shift 3 places sometimes even more. Hence your citizenship does not count, only your birth place. Imagine the insanity in a scenario that you are from antigua and you are born in India while your father was serving as the consul general there. If fate and destiny have you wishing to immigrate to the US now in the EB2 category then you would have to have a PD of Jan 2003 as opposed to current.
Many such combinations are possible, but in my humble view all this country quota stuff for EB based immigration is ridiculous and worse yet when it takes no acccount of population size. Clearly they ought to be more discerning in who they allow in via EB immigration by tightening the regulations as they stand currently, but this insane quota is off base in todays world.
A quota system for family or any other type of immigration is more reasonable, but once it is deemed you are immigrating based on your skills why should something else matter in this land of opportunity where every man is considered equal and is said to rise or fall on his ability and nothing else. Perhaps others know the answer to this but it befuddles me and makes me realise how antequated the rules really are.
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ujjwal_p
03-26 03:40 PM
just listen to the show - wonderful performance - you were crisp and to the point ... your points on this EB mess and the closing comments were great ... the 2nd caller shows the typical American common man mentality towards EB community ...
First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.
On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.
First of all, Mark: Great job ! I think this was a great spokesperson job for our issue. I think the biggest problem facing our issue is lack of awareness. I disagree with sammyb's comment. I don't think the 2nd caller shows the typical american mentailty towards *our* issue. Any talk about immigration, be it legal or illegal, gets overtaken with the bigger illegal immigration debate. And that is natural given the scale of illegal immigration problem when compared to the legal one. I think Mark gave a great response to the 2nd caller by giving perspective. Until there is more awareness about the *legal* immigration issues and a separation from the larger illegal immigration debate, this will be a tough battle.
On the face of it, this shouldn't be hard. People who follow the rules and the majority of them being tremendous assets to the American economy. Just the kind of immigrants a country would want : educated (in quite a few cases highly), skillful , law abiding and language proficient. Yet, here we are.
phillyag
07-20 02:01 PM
Can someone advise on this. My 6 yrs of H1 expires in Jan 2008. Employer says they will only apply 90 days prior to H1-b expiration.
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
They already applied my 485 and AP.
What should I be doing?
1. Can I apply EAD myself?
2. will I get in trouble if I do not have EAD and my H1 expires?
3. Can I move to new employer using AC21 without EAD?
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saro28
12-26 07:57 PM
It took about 4 weeks. Do you have H1-B extension? If so, I would suggest to use that instead of waiting for AP. The AP has new date instead of old one. Good Luck in getting the AP sooner.
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
agc2005,
Thanks for the reply.
I already send my EAD card. on Dec 11th. When did you resubmitted EAD Card and how many day USCIS took to reissue new EAD cards.
THanks
Any body who has simillary issue with AP and did you guys did. and how it took for u you to new cards.
Please send your experince.
Can I make this expedite. As I planning to go to India in Jan.
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Illuminae
06-05 12:48 PM
i was sending out a resume today, and i was EVER so tempted to stick this site in my portfolio..
then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...
then i realized i really need this job despite the enourmos amount of laughter i would get from the deal...
geesee
07-20 05:21 PM
^^^^
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it is ok
01-08 11:20 AM
Hi:
While sending passport for Renewal, do I have to attach I-94, too alongwith Old Passport, or should I remove it..I am sending it by Certified Copy..
Thanks,
While sending passport for Renewal, do I have to attach I-94, too alongwith Old Passport, or should I remove it..I am sending it by Certified Copy..
Thanks,
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mg_chase
12-24 10:13 AM
Guys. Assuming the same set of conditions as being discussed in this thread (Intent to change employers, I-140 already approved etc..)... Would I be able to retain my PD even if I change my field when I move to a new employer (shift from IT to Marketing after getting my MBA).
Any help would be highly appreciated. Thanks.
Any help would be highly appreciated. Thanks.
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shsk
07-17 01:02 AM
Thank you very much, I will be sending the document tomorrow:)
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prioritydate
09-21 11:27 PM
What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?
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sanjayc
10-15 02:49 PM
I saw the suggestion of asking lawyer to send AP while you travel to India without it. Although it sounds like a good idea but could be dangerous. I had a situation last year when I travelled to India with AP applied for but not approved. Unfortunately i had my old passport and visa damaged in India. When my lawyer wanted to expedite AP so that i can travel back as my old Visa was damaged and the only way to travel back was to use AP, they found out USCIS has issued an RFE on AP. Though RFP was trivial and they only wanted a clear copy of first page of passport and AP was approved immediately when it was submitted.
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Nil
11-10 02:54 PM
^^^^
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scamp
07-09 12:52 AM
Our lawyer asked us to submit 2 pictures for our 5 yr old daughter for our I-485 application However, after we sent all the documents, lawyer said they need another 2 pictures for her but they already filed our application and will just send the rest of the pictures if the USCIS ask for it, Is there any chance that USCIS will deny our application because of 2 missing pictures? Anyone has the same situation? Thanks.
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gc_on_demand
06-12 09:55 AM
Ask your company to fire you asap. The HR should anyways fire you and hire the US citizen.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to provoke people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop coming to this site and try to malign law abiding people. Got it.
If there is a counter american available for your job then you shoul leave that company and find another job if you cannot find then leave counrty. Bset of luck in your job search.
You should find another job asap.
If you cannot, then leave the country. If you overstay you will be illegal.
And if you are an anti-immigrant posting on this site to provoke people to tell you how to break the law. Then sorry bad luck. I have seen your websites with such posts. Stop coming to this site and try to malign law abiding people. Got it.
If there is a counter american available for your job then you shoul leave that company and find another job if you cannot find then leave counrty. Bset of luck in your job search.
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sanju_dba
02-01 09:22 AM
Congrats!
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gee_see
10-19 02:21 PM
I found an interesting article on AC21 portability in cyrusmetha.com
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
Here is the portion of the article appeared on May 27, 2005
about PORTABILITY DURING ADJUSTMENT OF STATUS
-----------
Interestingly, the memo also advises that although a difference in the wage offer on the approved labor certification or I-140 and the new employment cannot be used as a basis of denial, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is �same or similar.� It is possible, however, for one to work in a �same or similar� occupation even if there is a substantial discrepancy in the wage. A CEO of a Fortune 100 corporation may be paid several million of dollars each year. The CEO of a start-up could make much less, say $50,000 per annum. One should be able to successfully argue that the CEO of a start-up is in a �same or similar� job to the CEO of a Fortune 100 corporation.
----------
Experts please discuss....
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same_old_guy
02-20 06:53 PM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
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maddipati1
02-03 01:50 PM
anyone know if,
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
Bachelors Equivalent ( Bachelors-3Yrs + Masters-2Yrs )
+ 5 years Experience
qualify for EB2 ?
thanks,
I also have 3 years bachelors. My lawyer told me that EB2 cannot be approved with 3 years bachelors and even if we try we are taking risk of having USCIS dig approved Eb3 labor and I140.
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gcformeornot
04-07 02:07 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
Soul
05-27 05:27 PM
:P
fide_champ
08-04 06:50 PM
Hi,
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
Thanks , for point 3 , I can apply for premium COS with future date as effective(say 6 weeks from now) , I will know on approval within 2 weeks since its a premium n then i can get my family here since I know for sure L1-H1 is approved , this will avoid family either going to stamping at chennai or every one (all of us) leaving back to india due to non approval of COS. But now Major question is , if I apply for premium COS will it be possible to include dependents COS as well in the same request , with dependents currently being in India ? or if i were to apply COS for them after they are here , will it be same cost n procedure as mine (COS that was successfully processed just for myself)?
You cannot do a COS for them while they are in india. It would be better if you can apply COS for all including yourself at the sametime to avoid complications. Basically the COS for your family must be applied before your COS gets approved. I suggest you speak with a lawyer for exact interpretation of rules.
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