eb3retro
02-21 12:30 PM
Hi
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
how about filling your profile first.????
Today I got a call from an officer in "immigration and customs enforcement" asking for an appointment to visit my residence for checing my immigration status.
I am on H1B visa.
I would appreciate if someone could give any sort of information related to calling for a home visit.
Thanks
how about filling your profile first.????
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cagedcactus
09-15 07:07 AM
You see, not all the folks that receive gc are able to utilize the benefits.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.
I have ton of friends who received their GC two years ago, and now they keep telling everyone that it is no different than being on H1.
All I tell them is I will trade my H1 with their GC, and all they do is Shut up.
Yah, sure, if USA allowed us and our better halves to work unlimited without any doubts of going back abruptly one day, then I would rather stay on H1.
But as we all know, that is not the case.
I have finances and places set up to start business. The only thing holding me back is this damn backlog. My wife has a masters in communications and held a better job than me in India. What is she doing now? Watching my newborn kid play, and offer volunteer services to local hospital.
I am damn sure GC could solve that.
If some people are not able to take benefits of GC, doesnt mean that they should assume the same thing with others.
Things are different with everyone.
aspiration
07-08 12:23 PM
I am not getting...
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harikris
05-29 08:54 PM
one from my side and one from my spouse side too.
more...
crazyghoda
01-26 07:22 PM
Wow! This is really something. I believe my lawyer even attached a printout of a copy of the visa bulletin for my 485 case. I was laughing at that point saying wouldnt they know whats current, but now after hearing this, I stand corrected. being as conservative as possible is the best option when dealing with this agency.
Naveen
05-19 10:00 AM
Lets take one step at a time. We have a similar bill introduced in the house.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
H.R. 1791:
111th Congress
To amend the Immigration and Nationality Act to authorize certain aliens who have earned a Ph.D. degree from a United States institution of higher education in a field of science, technology, engineering, or mathematics to be admitted for permanent residence and to be exempted from the numerical limitations on H-1B nonimmigrants.
I know this bill will not benefit most of us directly but we should push for this to be passed which will help free up the quota or may be add an amendment to include graduates too.
more...
eilsoe
02-10 09:26 AM
how on earth could he have gained 12 votes so fast???
grr!!!!
:(
oh well, it's just a battle :beam:
grr!!!!
:(
oh well, it's just a battle :beam:
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looivy
11-04 06:54 AM
In light of these election results, what is IV's new game plan for EB backlogged sufferers.
Piecemeal???
Should we start reaching out to Boehner?
Please only let IV committee respond to my question.
Piecemeal???
Should we start reaching out to Boehner?
Please only let IV committee respond to my question.
more...
lazycis
12-18 02:41 PM
Sorry to hear about your situation. You should've taken unpaid leave for two weeks instead of a lay off. Now you definitely should not file AC21 and hope that the USCIS will not issue RFE (rarely happens). It doesn't matter how you quit, if the USCIS finds about it, it will probably deny I-485.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
Regarding Shusterman's Q&A. I am not sure where he is coming from. The law (8 USC 1154) does not provide for lay-off exception. Wait... The USCIS memo says this:
"Question 10. Should service centers or district offices deny portability cases on the sole basis that the alien has left his or her employment with the I-140 petitioner prior to the I-485 application pending for 180 days?
Answer: No. The basis for adjustment is not actual (current) employment but prospective employment. Since there is no requirement that the alien have ever been employed by the petitioner while the I-140 and/or I-485 was pending, the fact that an alien left the I-140 petitioner before the I-485 has been pending 180 days will not necessarily render the alien ineligible to port. However, in all cases an offer of employment must have been bona fide. This means that, as of the time the I-140 was filed and at the time of filing the I-485 if not filed concurrently, the I-140 petitioner must have had the intent to employ the beneficiary, and the alien must have intended to undertake the employment, upon adjustment. Adjudicators should not presume absence of such intent and may take the I-140 and supporting documents themselves as prima facie evidence of such intent, but in appropriate cases additional evidence or investigation may be appropriate."
So you may not be in a bad shape after all. As for whether to file AC21 papers in your situation, I am not sure. I would not do it.
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diptam
08-10 10:34 AM
You dont need to knock anyones door - I'll proactively go to anyone who used a "Labor Subs" and call them a Cheat because they have cheated someone else's Property and Dream.
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
How could you talk in support of a evil legacy system ? :mad:
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
Its gone but i'm personally a victim of that - My 1st Labor was traded in the Market for certain US dollars... The legislation was not there - otherwise i did have sufficient Proof and resources to take care of that cheat company.
How could you talk in support of a evil legacy system ? :mad:
No one knocked your door and and asked your personal opinion ....and no one cares for what you care ...
Its all these desi companies who misused LC ...... Thereare otherbig companie who just follow rules and do according to it. Being a senior member here, this is not expected of you .....
more...
morchu
08-01 09:58 PM
The key is that....there should not be substantial difference in the job duties and the responsibilities.
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
I know after we file the i-485 for 180 days, we can change our jobs. But rule is that the new job should be in the same field as the old one.
Can i change my job from a biological researcher to a biostatistician? My current job is in the field of biology, which involves lots of experiments. If I change my job to a biostatistician, which is like a programmer, do i still qualify the "similar filed" rule? thanks for your help!
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venkygct
09-04 12:43 AM
- Folks who decided to join the rally from CA, please vote here.
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
- Folks who is yet decide, please act FAST and book the tickets...
- Folks who wont be able to make it for the rally for sure, Please sponsor someone for the rally and vote @
http://immigrationvoice.org/forum/showthread.php?t=12441
more...
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gdhiren
08-29 10:41 AM
I too am receiving a lot of these questions on about pick-ups/ drop-offs. Can you please start a thread for that purpose?
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
Ok, the thread title has been changed to include the transportation as well.
http://immigrationvoice.org/forum/showthread.php?t=12565
Some people will be arriving on the day of rally and returning right after the rally. If something can be done to pick them up/ drop them off, please let us know. Thanks!
Ok, the thread title has been changed to include the transportation as well.
http://immigrationvoice.org/forum/showthread.php?t=12565
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loudoggs
10-11 04:30 PM
Yeah that sucks. I have a 2004 PD as well but was lucky to get out of PBEC in Jan 2007 and was able to apply for 485 in July.
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
I feel for people like you who have older PDs (2001 to 2004) and missed the July-Aug window.
It is unfair that some people with recent PDs (even 2007 PDs) got to apply for 485.
Hope something works out for all old timers.
Same situation here too. My husband came to this country in 1999. Filed for greencard in 2004. Labor was sent to philly BEC and it got cleared in September 2007 so we too missed the window too. Not sure what to do
more...
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gk_2000
11-02 10:47 PM
Well, at least the bill has been introduced in senate. And if it fails then perhaps peacemeal will happen
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gsc999
09-20 07:20 PM
Thanks for playing your folk tunes, and singing and reciting poetry on stage at the rally! Please let us know the IV handle of the other guitarist and singer. Thanks for inviting me to join you but I am way too shy to sing on stage :o 3 cheers to abhijitp, you make CA proud!
---
Did you guys know that Drona had a sprained ankle and she was on crutches when she landed at Dulles airport. Can you imagine the amount of commitment it takes to do this? Just amazing.
---
Did you guys know that Drona had a sprained ankle and she was on crutches when she landed at Dulles airport. Can you imagine the amount of commitment it takes to do this? Just amazing.
more...
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rkgc
05-30 12:01 AM
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bugmenot
07-17 02:19 AM
Now how does that makes me an anti-immigrant :mad: :mad: :mad: . I am ofcourse happy that so many of my friends here are going one step further in getting GC. Something is better than nothing. But, suddenly more than 1/2 mill people getting EAD will have some effect on the market. People(on H1B) loosing jobs after 3-4 months may find themselves in a difficult situation to get a job.
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.
lotr
ur contradicting urself, all getting GC's or EAD's is still the same to the job market ,permanent or band aid , effect on job market is gonna be the same so in effect either ways that was an anti immigrant statement
I am on H1B myself, how can I ever be an anti-immigrant ?:) :) I was expecting a little bit more permamnent solution and not a band-aid solution as somebody pointed out.
lotr
ur contradicting urself, all getting GC's or EAD's is still the same to the job market ,permanent or band aid , effect on job market is gonna be the same so in effect either ways that was an anti immigrant statement
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gcseeker2002
08-22 07:38 PM
I was able to successfully port my EB3 to EB2 and received my GC last month. I am working for a mid-size American consulting firm. My background is Bachelors in Computers from India and did Masters in Computers from US.
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
I filed my EB3 labor in AUG 2005 and got both labor and I140 approved in two months.
Filed 485 in July 2007 & got EAD/AP.
Went to my Employer and requested them to either refile my application for EB2 or I will have to resign. Since I was already working as PM, it was easy for my Employer to file for EB2 for PM position.
Filed EB2 labor in March 2009, Got approved in Jan 2010
Got EB2 I140 approved in March 2010
Late March Case transferred to Local Office.
Personal Interview in May 2010 - IO was not sure why i was called for interview. No Questions asked and told to wait till date gets current.
Date got current in July.
- Call multiple times 800 number only standard response
- Went to local office and request update. IO told to wait for a week. 2 days later on 14th July got my GC approved.
I believe even if you get your GC 6 months early by porting dates, its worth it. I hope my story helps you.
Best Luck!
I am already using my EB3 EAD to work (I invoked AC21 last year to change job) Can I know how much it costs to file EB2 labor+I-140+interfile process , if my current employer says that I have to pay for it myself (I was given this offer because I told them I did not need sponsorship and I had EAD).
danila
07-31 10:24 AM
The online case status reflects the notice dates and not the actual received dates....These are the dates the cases were entered into USCIS's systems...
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
I believe it's not the notice date. My notice date is one day after the date from their website. Most likely it's that date when they entered the case into the system.
singhsa3
08-16 10:33 AM
I am not advising anyone anything, I just shared what I did. This time , I did not go through a lawyer.
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
Something similar happened in Oct'05 and the priority dates remain retrogressed for next almost two year. It was just by stroke of fate it became current now , otherwise the situtation would have persisted.
If my memory serve me right, there were some cases back in Oct'05 whose application were rejected in error but were not allow to refile as PD had retrogressed.
Do what you want to do, I am just sharing what I did and I may be wrong. Personally after having missed one window of opportunity in Oct'05 , I have no capability to take any more risk.
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
