kaisersose
08-17 10:06 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.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
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.
A1: If you have an approved I-140 for the earlier PD, the answer is yes.
A2: You do not have to refile 485. Apply for PERM and get a new 140 for this PERM substituting your earlier PD. Now you will have an EB2 I-140 with the 2004 PD. There is an option to replace the 140 for an already filed 485. Just do that and you are all set.
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jungalee43
03-03 06:24 PM
I will buy my house in US as soon as BUT ONLY AFTER I get my green card as thousands of other applicants have done.
ckichannagari
06-10 08:44 PM
sent the message ..
I will be asking 6 more friends to do the same.
I will be asking 6 more friends to do the same.
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americandesi
12-24 01:46 PM
Another link was provided in this link where a person listed an employer on his g-325a but he was on bench and never got paid. USCIS was trying to deny his 485 due to fraud. Fraud overrules 24k any time.
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
Therefore; uscis uses many different avenues to get at other aspects; especially to get you to lie, cover up, mislead in things you don't need to but inadvertently do because you think it is problematic when it really wasn't.
You're right. Here's an example on how "Out of Status" can come back and haunt you for fraud
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=9324055071&m=2331096351
more...
sandiboy
07-24 01:22 AM
is she using her own FAQ? USCIS FAQ has different question at Q9.
Yes this is the lawyer's own FAQ i was referring to.
Yes this is the lawyer's own FAQ i was referring to.
carbon
07-24 12:39 PM
If USCIS could interpret the law to their advantage we can use our resources
to fight their interpretation and force them to change their policy.
I also think we can even file a law suite in relation to "incorrect" interpretation
by USCIS.
to fight their interpretation and force them to change their policy.
I also think we can even file a law suite in relation to "incorrect" interpretation
by USCIS.
more...
feedfront
09-21 12:23 PM
Hi Guys,
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
I am in tough spot. I was laid off from my GC sponsoring employer (A) in 2008 and joined another employer B . I did not do a AC21 notification. My dates are current and now I received an RFE to provide employment letter from current employer. The exact words of RFE are as follows:
"Submit a letter of employment attesting to applicant's current employment. This letter should be written on the company's official letterhead, citing the date the applicant began working, if a permanent full time position, the position offered, the position the applicant is currently working and the salary offered. Include corroborating evidence such as recent pay stubs, income tax returns, with all W2s or other evidence as appropriate. "
Now I am not working for original GC employer. I don't have a problem providing above from my current employer B. But whether the EVL should also mention that I am not working for GC sponsoring employer and that my current employers job profile is in same classification as previous based on AC21. Do I mention about the AC21 also in the letter? My current employer's attorneys are not that great but my current employer only wants me to use their own attorney.
Now here is the situation:
I have a job offer from another employer (Employer C) and they are in the middle of doing a H-1 transfer. In fact by tomorrow they will file the H1 paperwork. Now I don't know whether I should provide the letter from my potential new employer C . In that case, I won't be able to provide W2 or pay stubs until I join them. I have an opportunity to use my own attorney here (like murthy, Ron Gothcer..)
OR
should I provide a letter from my current employer using their attorneys and whether or not I should mention about AC21 in the employment letter.
Also they sent the RFE to my previous employer's attorney even though my current employer's attorney had sent the new G-28 forms. Can my current attorney respond to the RFE or will the response get rejected because USCIS still has old attorney on file.
Thanks.
Don't worry too much, just follow the instructions and respond. Well, I will suggest to use your current employer and their attorney as paperword will be smooth, efficient and fast.
You can hold your H1 transfer for a week or two till you don't respond.
I think your attorney (whoever you pick to work on RFE) will definitely mention AC-21 to keep it issueless.
I have also switched my employer and not filed AC-21. I've been sent RFE and that's what my attorney will do (I assume). I had asked him before (after switching job) if I needed to file AC21 letter. He said it's not mandatory and added that it can be handled if any RFEs are issued. Well, I did not send AC21 because he was asking for fee and I did not want to DIY project on such important. He's my previous employer's attorney.
I think for these RFEs you don't need great attorney as case is not complex. I think anything will work as long as you've not misused any GC's requirements.
Good Luck!
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immigrant2007
09-10 02:06 PM
They can make a category current when Demand < Supply. So once all I-485s prior to 2007 are approved the monthly demand data they publish will show demand Prior to CY2011 = 200. So unless they use approved I-140 to determine demand , DOS will make the dates current(even if for 1 month). As long as USCIS uses pending I-485 data to determine demand, the July 2007 fiasco will keep on repeating every 3-4 years. The key here is to have USCIS provide the actual demand (people with approved I-140s). It was mentioned somewhere that the current USCIS database is not capable of sorting the I-140s by country of chargebility and hence the I-140 data can't be used to determine per country demand.
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
If they are giving this reason of not being able to sort 140s then they are really stupid or lying
more...
nojoke
03-01 03:57 AM
What a lovely change. Every time Obama and his press Secy opens their mouth, markets dive into red. In this country Main Street and Wall Street are in bed with each other :-)
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Stop watching faux news.
Bush has done tax cuts to the investor class and look where it has taken this country.
Obama with his sense-less economic policies, trying to separate Main Street from Wall street. Government needs to seriously lure the investors to the market , cut capital gains and taxes, take off protectionist hats and recover the economy. Then Obama can go with his socialist/populist agenda but certainly this is not the right time.:D
Stop watching faux news.
Bush has done tax cuts to the investor class and look where it has taken this country.
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desi3933
02-01 08:03 AM
Thank you very much for the response. I sent you a PM.
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
Now do we need to have the pay stubs for all the time to show you are in status or does the W2 amount be sufficient?
Thank you.
>> Thank you very much for the response. I sent you a PM.
I don't respond to Private Messages. If you have questions for me and would like to get my opinion on it, please post in forums here.
____________________
Not a legal advice.
US Citizen of Indian Origin
more...
optimist578
01-31 03:16 PM
My brother had horror stories when he was working in CA. His close friend cousin owns a company and he blindely trusted him. They forced my brother to sign a contract in the amount of $10000 if he leaves the company. He spent there for 6 months and found it horrible. He finally decided to leave the company and lost 1.5 month pay. Now he has the following issues.
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
IRS requires every employer to furnish W-2. Take a look at this:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html
1. He did not get his W2. And the company is not responding to his queries for his W2
2. He had to pay the tax on the amount which he did not received any money for 1.5 months
I hate desi companies as they take advantage of people and threaten them. Please share your ideas how can he proceed on his situation.
Thanks.
IRS requires every employer to furnish W-2. Take a look at this:
http://www.irs.gov/newsroom/article/0,,id=106470,00.html
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brick2006
11-11 03:06 AM
he cant act on immigration when the economy is down and ppl are losing their jobs..so we are in a sinking boat...
better to wait and watch!!!
better to wait and watch!!!
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logiclife
01-30 04:01 PM
Point 3 was for the employer refunding the employee for the H1 costs after completing 6 months on project.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
Well it is an accepted fact that Employers need to pay for H1 sponsorship but desi companies hardly follow the rules. Well I don't understand from you point above why paying for H1 expenses means I am breaking the law. Rather it should be the employer who is breaking the law.
Good point. Employer would be breaking the law by asking you to pay and accepting payment for immigration fees. And frankly, I am not sure if there is a statute or a regulation that prevents that. I think its a regulation. So it would be a regulatory issue, not a statutory issue. And then again, paying would make you a willing participant so I dont know what your culpability would be.
And yes, desi companies hardly follow the rules and bend/break them every day.
And I am not saying that you should go or should not go for it. I am just saying that what you hear from them before you start working is only half the story and there are other unethical practices they engage in. So finally its your call if its worth it. Especially if you are close to getting 485 and EAD, then I would think its not worth going thru that nonsense of H4 to H1 especially with a desi employer.
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jamesbond007
09-10 01:54 PM
Could someone post periodic updates for the benefit of those who do not have real player? (and are not allowed top install it)
Thanks
Thanks
more...
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dontcareanymore
08-10 03:04 PM
That means EB2 India/China will see drastic movement this year....may be to end or 2007 or 2008?
Wishful thinking ?:)
Wishful thinking ?:)
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thakkarbhav
08-10 02:29 PM
I am in. I am EB2 but I support this because this makes sense.
more...
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insbaby
07-18 05:02 AM
USCIS did not say that they will return the application and they should be refilled.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
With their announcement on July 17th, they have about 16 more days in this month left. It is a heavy workload for them to reject all the petitions (minimum 200K packages) which is unnecessary work and cost enourmous amount of money.
Also they will not invite another problem if the do not give sufficient time to the clients to file, what if someone receives the package Auguest 15. That will be another mess up.
It looks like SCs have rejected some applications on the same day (July 2nd), those applicants should have already received them(on July 3rd or 4th). They have to refile. Rejections after July 17th may not be true.
My lawer says:
Your application has reached INS on July 2nd and upon the statement from USIC on July 17th, it will be accepted.
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waitin_toolong
08-15 04:38 PM
Please link it.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_3761.html
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gcdreamer
03-02 12:01 AM
To solve the FBI name check problem, the following suggestions should be communicated to lawmaker if possible:
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
1. Increase the fundings for FBI name check. The major reason of name check delay is due to lack of resources for manual name check.
2. Introduce a conditional Green Card. Conditional green card is equivalent to green card, except with condition that it could be taken back IF AND ONLY IF the name check eventually fails to pass. Person with conditional green card enjoy all the benefits with normal green card, including transfering job freely, re-enter US freely, count years to citizenship, etc.
3. People wants to file 485 can ask FBI do name check before they actaully file 485 with a certain amount of filing fee. So that the delay for FBI name check will not impact 485 processing too much.
legal_la
07-02 06:05 PM
contributed 100 just now, my drop in the ocean, I will try to add more drops in coming days.
WAIT_FOR_EVER_GC
07-13 12:05 PM
Read this thread and understand what Q, GC Perm and Teddy are saying.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.
We still have 10K FU/FD visas to go. So in sep the dates should move to June - July 2006.
The can even extend to sep 2006 to capture all visas and move it back to June 2006.
Go and read that rather then guessing
Buddy...what do you mean source please...scroll up and look for an attachment. Use it.