enggr
09-28 01:47 AM
I thank everyone for taking interest in my case and giving valuable advices.
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
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whiteStallion
12-02 05:50 PM
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
... My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree...
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
... My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree...
rvr_jcop
02-18 10:12 PM
Aachoo, downthedrain, jazzbytheway, sushilup, rvr_jcop -
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
thanks
Sree
No RFE in our case. Just a soft LUD on 02/10 on both of our 485's. I had LUD on my AP thats yet to be approved, though my wife has not applied for any AP> Wondering if they just cross checking 485s for AP approval. And no, mine is not transfered case. Its always been at NSC.
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TomPlate
02-28 01:49 PM
I am not able to see, it comes to me as a blank screen. Can you paste the information in this thread.
Thanks,
Tom.
Thanks,
Tom.
more...
nag2007
10-11 04:48 PM
Well that depends on lots of things. If your assumption is that the PD is gonna move slowly and gradually forward, then what you are saying is true. Again, once he/she files 485, his 485 is not going to be processed immediately. AP, EAD may be issued but it may take 6-9 months for 485 to get processed.
However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.
I completely agree with you. Without all these process, u cannot get GC even if you have PD. I think we all are in a fix.
However, if PD moves so much ahead that your PD is also current, then you will get your GC (if other processes are complete) whereas he/she would have just filed 485.
I completely agree with you. Without all these process, u cannot get GC even if you have PD. I think we all are in a fix.
kumar1
07-19 01:55 PM
Thanks to every person who answered this post. I managed to get an appointment in mumbai for Aug 2nd. This will give enough time to send necessary document from my end and also give enough breathing to file the application.
Very good, ask your wife to bring a load of sweets for IV member. ;)
Very good, ask your wife to bring a load of sweets for IV member. ;)
more...
immigrant-in-law
01-25 09:55 AM
All shops that hire OPTs and market them at ridiculously low rates with faked resumes must also be brought to justice.
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chanduv23
03-11 03:55 PM
Gotta love this system...
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
Two years ago; Grassley sent a questionnaire to the top 10 Indian outsourcing companies of how they use non immigrant visas.
They did not have any legal obligation to answer his query. They answered his questions by non answering it.
Grassley then starts to increase the rhetoric and starts pressuring uscis/dol to start investigations.
uscis/dol start investigatin and denying cases and study it and find fraud.
now; Grassley is getting his way and starting to change policy.
Nascom senses game is over and come begging which is exactly what grassley wanted in the first place.
At the end; he will get these guys to agree to tough measures (ie., lca requirements for L-1; tougher measures on h-1b, etc.
See how Microsoft answered differently when they got the query and compare to these guys.
This system created in USA has a way of making you conform to their behaviour willingly or through long and painful way. Looks like they had to learn through long and painful way.
It is called desi mentality. Unless the ass is set on fire - Desi folks don't realize the importance of such things.
more...
GCSeekerCT
08-16 10:31 AM
I have nothing against lawyers, most are hard-working and smart. But that smartness also makes them confuse others and ultimately its the clients who have to pay for the smartness of the lawyers.
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
I am totally against that.
making a living is one thing, but talk about confusing people and milking them for the money !!!
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lazycis
12-18 07:49 PM
I filed my I-485 on 2nd July 2007, My 180 days completes on 29th Dec 2007
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
I am in IT job, My job title is System Analyst and I want change the job with similar job title Sr System Analyst , But the technology(Oracle Stuff to Java Stuff) will be different then what is on labor certification.
My future employer will not file H1-B, So I have to start on EAD.
What should be process for me to do the same
* Do I need to file AC21
* If yes, Can I do the AC21 with same or Different lawyer
My advice is to take a new job, leave the current employer on good terms and forget about AC21.
more...
seratbabu
02-23 09:48 PM
Thank you all for your valuable suggestions... I have compiled the list from your posts and I will ask my attorney as to what all from here can be submitted...
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
1. marriage certificate
2. wedding photographs
3. wedding card invitation
4. property papers on joint name
5. other investments on joint name might help.
6. Indian passport has spouse's name entered
7. "Lease papers"
8. "Medical insurance papers with name of the spouse"
9. joint tax filed as additional proof.
10. Her H4 stamping etc can be a proof too
I am now trying to come up with a affidavit format that I need to send to some folks in India who attended our wedding and get those too... I will keep you all posted..
Cheers!
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perm2gc
05-22 04:14 PM
Very sad to see this coming from the Core Member...Are we losing hope here, is that the game plan are we looking after putting tremondous effort for all these years?
Reality is always hard to take :D
Reality is always hard to take :D
more...
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raj3078
08-22 10:21 AM
It would be interesting to know....Wonder how credible their claim of State Dept official discussed with them about Visa Bulletin dates?
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desi_voice
04-16 03:56 PM
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
more...
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seeking_GC
11-05 01:12 AM
If you look at the pending data by USCIS, there is a huge bump >4K in March 2005 so for Eb2I to cross that will be a significant milestone.
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rameshvaid
05-31 05:55 PM
Please try to contact your chapter from this page
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
It is also a menu item under advocacy on the top.
If you do not get a response, then contact IV member ID meenal
This is what I got back when I sent him the email:
This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed.Subject: Joining State Chapter
Date: Sun, 31 May 2009 17:31:26 -0400
Dear XXXXX
I had PM you on immigration.com in reply to your email. I have not heard back from you. Could you please let me know as to how can I join SC.
Best..
RAMESH VAID
Cell: 216-xxx-xxxx
http://immigrationvoice.org/index.php?option=com_content&task=view&id=72&Itemid=52
It is also a menu item under advocacy on the top.
If you do not get a response, then contact IV member ID meenal
This is what I got back when I sent him the email:
This is an automatically generated Delivery Status Notification. Delivery to the following recipients failed.Subject: Joining State Chapter
Date: Sun, 31 May 2009 17:31:26 -0400
Dear XXXXX
I had PM you on immigration.com in reply to your email. I have not heard back from you. Could you please let me know as to how can I join SC.
Best..
RAMESH VAID
Cell: 216-xxx-xxxx
more...
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Macaca
08-31 06:44 PM
H1B's are taking jobs
Employment rate is constantly low
Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)
H1B lowers salary
H1B's salary can not be significantly raised during GC process
Employer pays for GC applicants immigration fees
Employment rate is constantly low
Extending ths GC process duration does not mean GC applicant loses job (and hence someone else gets job)
H1B lowers salary
H1B's salary can not be significantly raised during GC process
Employer pays for GC applicants immigration fees
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immi_enthu
08-22 10:27 AM
Murthy or Oh or Carl Shusterman or Greg Siskind will have the contents in their website soon.
murthy , yeah right. they will have it next month. "oh" will have it soon....
murthy , yeah right. they will have it next month. "oh" will have it soon....
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darslee
07-06 02:17 PM
Thanks IV & thanks Dr. read about his story yesterday -- hope something good comes out.
I second that!
I second that!
anilsal
07-06 10:35 PM
Guys, stop insulting each other. There is no need to add misery and amnesia on each other. I am sure we will all reach our destiny in the end. Just make the journey courteous and smooth.
imh1b
11-03 09:00 AM
Today I was talking to IO in Texas service center, during discussion I told her that India dates might retrogress.. can you please expedite my case. For that she replied that " that's what they are doing"
I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.
Do you seriously think a customer service person knows visa bulletins in advance?
I am not sure how reliable is this and on what she has in her mind.. Just wanted to share the information. Don't give me RED for this.
Do you seriously think a customer service person knows visa bulletins in advance?
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