hebron
10-28 02:37 PM
Thanks guys for posting your experiences.
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
I spoke with my attorney today regarding filing a new PERM labor and I-140 under EB2 with the same employer. My EB3 labor was filed for Software Engineer position and now my role is a senior role as a Principal Software Engineer. My job duties have changed but not by 50%. My attorney says in order to successfully apply for EB2 labor and I-140 with the same employer, the job should be 50% different from the EB3 Job description.
I don't know how to convince my attorney. Can somebody tell me if I have a valid case for EB2.
I have an MCA from India and 4 years of experience before I joined my current employer. Now I have 12+ years of experience. My current job as a Principal Software Engineer requires a Bachelors + 7 years or Master's + 2 years of experience. I have a Masters with 4 years before I joined my current employer. So i should be eligible to apply for EB2 labor without the experience gained from my current employer. Is that correct?
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makemygc
07-06 01:15 PM
Today.. 12:00 EST:)
SKD's next question should be, what was he wearing when you talked to him? Hope he was not in his sleepwear..just waking up from his beautiful dreams.:o
SKD's next question should be, what was he wearing when you talked to him? Hope he was not in his sleepwear..just waking up from his beautiful dreams.:o
ramus
09-10 06:45 AM
Thanks for contribution..
just donated 100$ thru google checkout . transaction id Google Order #312235194400027
just donated 100$ thru google checkout . transaction id Google Order #312235194400027
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drona
07-19 02:08 AM
Signed up to contribute $50 per month.
more...
tcsonly
07-11 05:35 PM
Why not start a new thread for a rally in LA ?
Kodi
06-05 08:56 AM
If this bill pass without our provisions in it lot of us will be doomed!!
more...
piliriver
03-21 03:23 PM
@AllVNeedGCPC : Did you get any updates on I-485
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
@gene77 : When was your I-140 approved and what is your priority date.
Thanks!
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polapragada
09-13 09:42 PM
I want everybody to get their GCs. but now interfiling/porting is hurting out position in the queue.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
If you are not aware, a good bunch of EB3s are now trying to interfile & port their PDs which are between 2001 - 2005 to EB2.
This will potentially put tens of thousands of people in the EB2 queue before most people in EB2 who are waiting.
These people were not eligible for EB2 when they filed their own labor.. so they should NOT BE ALLOWED TO PORT THEIR OLD PDs. Sure EB3 can Interfile .. but you will get a new PD ... the date you interfile.
If we just keep looking... there will be a huge retrogression in EB2. And its not like these EB3 people will get through with the interfiling/porting. Most of them will be issued RFEs. Their labor apps will be audited and their primary EB3 apps will be cancelled. Infact, 85% of interfiling will never successfully make it through. And its not like it will help the EB3 brothers. That queue will still be long... because they are not going to withdraw their EB3 apps.
Also, while they will not succeed in interfiling/porting, they still will have their apps with USCIS and USCIS will sit on them before eventually issuing NOID. Sad part is they will count these when giving numbers to DOS for setting visa bulletins.
This PD porting is the last "not so ethical & legal" thing after labor substitution.. that we need to Put a cork on.
If we don't act now... then we can all expect to stay in AOS for the next 5 years. This holds for both EB2 and EB3.
I want everybody to get their GCs. I also am OK with the wait.
But anything that threatens my position in the queue is not acceptable.
I completly agree with you.... and others supported the similar thoughts in the thread gave the gree from you all
If they want to jump to EB2 they should not not be allowed to port the PD.
more...
Pia
07-19 11:46 AM
Hi All!
I live in LA and would love to be a part of the SoCal community.
I'm waiting to apply for the I485. I heard from my attorney second week of June that USCIS has expedited the process and we need to file by end of July. I got my medical done in a rush and then we hear they're not going to accept applications. Any idea how long the medical remains valid?
Pia
I live in LA and would love to be a part of the SoCal community.
I'm waiting to apply for the I485. I heard from my attorney second week of June that USCIS has expedited the process and we need to file by end of July. I got my medical done in a rush and then we hear they're not going to accept applications. Any idea how long the medical remains valid?
Pia
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bigboy007
06-03 01:40 AM
I have opened sep thread for the same , i am sorry if this is not acceptable policy of forum and i am reposting as this topic originated here:
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
================================================== =
I have been following with different threads over articles of Susherman / AILA on abolishing Dual intent for H1B visa and very much , deeply curious about finding the same :
Since i myself new of all these different texts of various immigration laws it took me some time but i think i found out the nerve of it atlast.
Here it goes :
There are two important sections of Student visas.
this bill is carefully drafted against us [h1B and green card] such that this provision is included in student visas section.
================================================== ====
(c) CLARIFYING THE IMMIGRANT INTENT PROVISION.— Subsection (b) of
14 section 214 of the Immigration and Nationality Act (8 U.S.C. 1184(b))
15 is amended—
16
17 (1) by striking the parenthetical phrase “(other than a
18 nonimmigrant described in subparagraph (L) or (V) of section
19 101(a)(15), and other than a nonimmigrant described in any
20 provision of section 101(a)(15)(H)(i) except subclause (b1) of
21 such section) " in the first sentence; and
22
23 (2) by striking “under section 101(a)(15)" and inserting in its
24 place “under the immigration laws.".
25
26 (d) GRANTING DUAL INTENT TO CERTAIN NONIMMIGRANT STUDENTS.—
27 Subsection (h) of section 214 of the Immigration and Nationality Act
28 (8 U.S.C. 1184(h)) is amended—
29
30 (1) by inserting “(F)(iv)," following “(H)(i)(b) or (c),"; and
31
32 (2) by striking “if the alien had obtained a change of status" and
33 inserting in its place “if the alien had been admitted as, provided
34 status as, or obtained a change of status";
================================================== =====
what does (c) in Student visas do :
214(b) of Immigration and Nationality Act : defines whether the applicant has an immigration intent or not and in general avoids , H , L , etc visas out of this category.
As stated in US code of Law this is what it is :
================================================== ======
"Every alien (other than a nonimmigrant described in subparagraph (L) or (V) of section 1101 (a)(15) of this title, and other than a nonimmigrant described in any provision of section 1101 (a)(15)(H)(i) of this title except subclause (b1) of such section) shall be presumed to be an immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and the immigration officers, at the time of application for admission, that he is entitled to a nonimmigrant status under section 1101 (a)(15) of this title. An alien who is an officer or employee of any foreign government or of any international organization entitled to enjoy privileges, exemptions, and immunities under the International Organizations Immunities Act [22 U.S.C. 288 et seq.], or an alien who is the attendant, servant, employee, or member of the immediate family of any such alien shall not be entitled to apply for or receive an immigrant visa, or to enter the United States as an immigrant unless he executes a written waiver in the same form and substance as is prescribed by section 1257 (b) of this title."
================================================== ======
By doing this (i.e. remove my Underlined and Bold letters) they making H1B prone to 214B clause and any CONSULAR officer can reject visa based on this statute as a H1B categorized as IMMIGRANT intent rather than earlier being non-immigrant.
Now i think this should not effect 485 or 140 or any immigration applications as still H1B holder is still categorized in DUAL Intent.
This is how : when (d) of the above Student visa section is applied this is how it turns :
This is from US code of rules pertaining to 8 U.S.C. 1184(h)
(h) Intention to abandon foreign residence
The fact that an alien is the beneficiary of an application for a preference status filed under section 1154 of this title or has otherwise sought permanent residence in the United States shall not constitute evidence of an intention to abandon a foreign residence for purposes of obtaining a visa as a nonimmigrant described in subparagraph (H)(i)(b) or (c),(F)(iv), (L), or (V) of section 1101 (a)(15) of this title or otherwise obtaining or maintaining the status of a nonimmigrant described in such subparagraph, if the alien had been admitted as, provided status as, or obtained a change of status under section 1258 of this title to a classification as such a nonimmigrant before the alien’s most recent departure from the United States.
================================================== ======
Section 1258 is nothing but Change of nonimmigrant classification which allows for change of status with in Non-immigrant visas.
based on all these , conclusion i see is : h1B visa can now be rejected ( if law passes and i wish , i pray and i am doing all my best it doesnt) under 214B for consular posts.
Still h1B is considered DUAL Intent as per above amendment as it doesnt remove 101 (a)(b) (H) as they are speciality workers that is we.
Please comment , i know i am not an immigration attorney with my knowledge i tried to relate things i am curious about this subject and i request all to comment on this and i feel i made a good judgment based on these resources i have please comment.
----------------------
But logically i also feel this H1B under 214B as doesnt logical for a person whose 140 is approved as in principle his intent of being Immigrant is approved.
more...
kevinkris
07-14 08:16 PM
Donno how to do this. Admins?
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Mayday
05-09 08:01 PM
I live in texas. I got my driver's license after my H-1B was valid for less than a month. So something is totally wrong with your DL department. Go and talk to a manager there.
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gcseeker2002
04-04 05:30 PM
how come you joined the company in 11/2010 and applied on 12/22/2010 ? my lawyer is in the 3rd week and finalizing job description. she says advertising takes 30 days, pwd takes 6 weeks, etc etc, and that it cannot be approved without atleast 90 days of prepwork.
no answer ?
no answer ?
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h1xfer485
08-13 05:08 PM
The Mexico F2A and Employment Third preference cut-off dates" are �unavailable� for both August and September..blah blah..
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
MAY BE it talks specifically about "Mexico EB3". otherwise it would have been: "Mexico F2A and all EB3"...
more...
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pcs
07-05 01:59 PM
Good job pcs !!
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them
Some can use following letter to email / fax.............................
......
.......
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
I'll take my family to the congressman's office and the documents that you suggested. We can not sit quiet now!
Just please let me know. WSJ news article & Congresswoman's letter adds a lot of muscle in your argument when you meet them
Some can use following letter to email / fax.............................
......
.......
Hi ,
This is not a regular mail.. I on behalf of many others need the support of honest media persons like you, else our faith in American media will be gone for good....
pl. read on...
Illegal action by USCIS causes $ 300 million loss in a single day to Legal & Skilled Immigrants ( Doctors, Engineers & Scientists ) not counting the hardships.
Skilled immigrants like Doctors, Engineers & Scientists have been paying all the taxes, following all the laws of the land and have been stuck in huge wait period of 3- 7 years to obtain green card.
On 13th of June 07, USCIS announced that all these people stuck for years can apply for the green card starting 2nd July 07. Everyone spent 2 weeks & $3000 per person at the minimum towards Attorney fees, medical tests & other unsalvageable direct costs prepared the application and started to send it to USCIS starting 2nd July 07.
In an unusual act of absolute disregard to the hardships and financial loss of these applicants, USCIS announced on the morning of 2nd July 07 that they will not accept any application for green card.
A COMPLETE REVERSAL OF THEIR EARLIER PLOICY ON THE VERY 1st DAY OF THE WINDOW ANNOUNCED BY THEMSELVES.
If nobody takes an action to support law abiding legal immigrants at this time, everyone talking about supporting the laws of the land on immigration issue needs to look into his / her own eyes in the mirror.
What we demand �. Talk to USCIS & encourage them to ATLEAST accept the applications sent by these innocent Skilled Immigrants so that they do not suffer at least the financial loss. USCIS can take their own time to award the green card at a later date
ARE WE ASKING FOR TOO MUCH ???????????????????
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sweet23guyin
07-18 03:23 PM
Thanks for all your efforts.
Made a contribution of $100
Confirmation Number: 1LX38419RG209364L.
Made a contribution of $100
Confirmation Number: 1LX38419RG209364L.
more...
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manish_jain99
09-10 04:46 PM
I won't be able to join the Rally in Washington but can contribute some money to the cause that binds us all.
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vdlrao
02-23 04:08 PM
I am expecting about a year forward movement for EB2 India in April 2009 bulletin.
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ssnd03
04-02 12:57 PM
For the green card, I'll bet you I'll get it next month.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
Villamonte - the laws are such that USCIS cannot screw up much for ROW, especially if they are not in EB3. I hope you are not gloating much about your luck. However, you cannot extrapolate your fortune to say that USCIS is an efficient organization.
However, the laws are such that USCIS does screw up a lot with EB2 & 3 for India and China. They have to play games of predicting visa number availability between two departments (DOS & USCIS). They completely screw up the FIFO for Indians and Chinese within Indian & Chinese applicants. Luckily the FBI namecheck nightmare is over which will restore some sanity. There are many people who have to wait for years due to USCIS inefficiency.
I know an Indian case where PD was current and USCIS screwed up. He had to sue USCIS to get it fixed.
D.E.D is such a numbskull retard that he doesn't understand these concepts. All he harps is that you cannot investigate USCIS and USCIS awards H1B. The greatness of American democracy is that even a foreigner can ask the courts to investigate the wrongs a govt organization has done to them. In fact most democracies around the world allow that.
Besides USCIS does not award the H1B. It just follows the laws set forth by the congress and processes the H1B applications based on those laws.
D.E.D. just go back to the cave where you came from.
karthiknv143
08-10 06:10 PM
Any updates from USCIS regarding lockbox & receipting dates?
GCwaitforever
05-01 02:21 PM
We pay tons of fees to USCIS and wait for more than six years for GC and yet some shitty senator who does not know anything about immigration comes and rattles on stage.
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
The hearing should have started with the Ombudsman reports as a basis. Then the hearing should have asked USCIS for solid data like -
How many applicants from year 2001-2007 are pending? In what year, category, country? (to show the trends of backlogs)
How much percentage of applications were processed on annual basis compared to the limit? What is the inflow and the outflow?
What are the customer satisfaction levels for USCIS?
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