jayleno
07-07 09:58 AM
Thanks for the update. Cangratulations once again. Genius lawyer indeed. Enjoy your freedom.
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
As I promised earlier I would keep you guys updated on the process of this case.
On saturday I received the welcome as a permanent resident to USA letter. After trying to get a hold of my attorney I got in touch with him.
Heres the story. (this guy is a genius)
I asked him how it was possible when my PD wasn't current I got GC approval.
His answer was funny and pleasant. Magic :D
He said after the approval of my PERM during filing I-140 under EB2 he also filed a petition under "person with extraordinary ability interest to US" on my behalf. So in other words both the petitions were being processed together at USCIS. Me not aware of USCIS rules wasn't aware of all the lingo so didn't know.
Now the Extraordinary ability petition quota is always current. So when my extraordinary petition was approved the attorney informed the USCIS that to adjucate my adjustment based on this approval. Since the PD was current for this category. USCIS processed and approved the GC based on that. I love this guy I don't have to work for my current employer anymore hence he will get a big surprise when I turn in 2 day resignation. HA...
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micofrost
07-18 02:09 PM
Ok, firstly, if you are really honest about your feelings, no one is really happy for another unless what the other has done is useful to you. You can wax your eloquence with claims to contrary, but you know it is true. So stop this pretensions.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
U know what, actually we all eb2 guys are very sad about the eb3 plight. And if we do get a visa number, we will request uscis to dsitribute it to eb3 category. does this make u guys happy now ???
why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.
So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.
Ok, you want a constructive suggestion? Rat on everyone who is doing fake jobs, is a body-shopee, bought his GC etc. That should get rid of at least 20-30% (conservative numbers). How many will support it? I guess not many.
How about asking USCIS to make the priority date of the substituted applications to be the day 140 is filed? Any takers there? I guess not.
And then people have the gall to tell us to be happy for Eb2ers, and that we are jealous.
PS: I realize that substitution is no longer possible, I mean to ask USCIS to retroactively apply the priority dates for such cases.
U know what, actually we all eb2 guys are very sad about the eb3 plight. And if we do get a visa number, we will request uscis to dsitribute it to eb3 category. does this make u guys happy now ???
why dont u think abt those guys, who filed in eb3 earlier, knew that the trouble is brewing, and switched jobs to be able to file under eb2. why you guys dint do that so far. dont blame uscis. they were, the are and they will remain a mystery for ever. its not our birthright. if DOS thinks they need more research grads, they will keep eb1 current, if they need more exp guys, they will improve the b2 category. And if they need more frsh grads, they will come to eb3. And if some exp person is stuck in eb3, he himself is to be blamed. dont blame anyone else for your ignorance of GC rules then.
So fact is we all are under DOS/USCIS mercy. 2 years back it was eb3 turn, now it is eb2 turn. Unfortunately no is blaming why ebI is always current. if that reason you can digest, then you should have the gall to digest this one too.
India_USA
07-27 10:32 AM
to gc28262 and maddipati1,
Thanks for listening, I googgled to see if there are others like me and how the mess was solved.. I dont want to have problems down the line when naturalization comes around.
If it turns out that GC was indeed approved erroneously, I will return it and that goes without saying...but who can tell how long will re-instating of AOS take and also I wish to know how I can keep my H1 from being denied. Luckily I am still with GC sponsoring employer, but ...still, I did not need all this hassle..
I know I have received approved RIR Labor in June 2004 (it was for the same category EB3 ROW), but I do not know if the company filed I-140 or not. I will have to dig up old contacts from the company and inquire...But that was 6 yrs ago and I am not sure where people are...
Anyways, I will try to patienty wait to get the hard copy of whatever USCIS is sending to check for Priority Date, and if it is not what I expect it to be (Nov 2005), I will call TSC to inquire.
When you are returning the erroneously approved gc, make sure you write a cover letter indicating not just the return but also the need for your AOS to be reinstated as soon as possible and not delay your gc process. Tell them not to mess up your case without being rude..
Good Luck and keep us informed on the USCIS response.
Thanks for listening, I googgled to see if there are others like me and how the mess was solved.. I dont want to have problems down the line when naturalization comes around.
If it turns out that GC was indeed approved erroneously, I will return it and that goes without saying...but who can tell how long will re-instating of AOS take and also I wish to know how I can keep my H1 from being denied. Luckily I am still with GC sponsoring employer, but ...still, I did not need all this hassle..
I know I have received approved RIR Labor in June 2004 (it was for the same category EB3 ROW), but I do not know if the company filed I-140 or not. I will have to dig up old contacts from the company and inquire...But that was 6 yrs ago and I am not sure where people are...
Anyways, I will try to patienty wait to get the hard copy of whatever USCIS is sending to check for Priority Date, and if it is not what I expect it to be (Nov 2005), I will call TSC to inquire.
When you are returning the erroneously approved gc, make sure you write a cover letter indicating not just the return but also the need for your AOS to be reinstated as soon as possible and not delay your gc process. Tell them not to mess up your case without being rude..
Good Luck and keep us informed on the USCIS response.
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rajeev_74
07-05 09:24 PM
Well said...now let me put it in a slightly direct fashion....
Most people seem to be in denial...For now they just want to hear that they will be ok...I''m sure we have members whose motherly instincts can kick in. Please help these poor souls...Not sure what else to say...I'm very dissapointed at how much we were able to raise..
Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???
Geez.....you definitely need a brain check.
Most people seem to be in denial...For now they just want to hear that they will be ok...I''m sure we have members whose motherly instincts can kick in. Please help these poor souls...Not sure what else to say...I'm very dissapointed at how much we were able to raise..
Everbody's posts here are speculations on what USCIS will do to I-485's filed on or after July 2. Everybody is trying to get an answer from USCIS. You called and got an answer DIRECTLY from USCIS which you doubt and don't believe. So what you want is for people here, who can only come up with speculations as to what USCIS's action would be, to confirm what USCIS already told you???
Geez.....you definitely need a brain check.
more...
eager_immi
02-12 12:21 PM
that is the point...u have the h1b so now stop other h1bs is ur policy if u had GC u would have said stop giving GC to retrogressed people...
By the way I am on h1B. I dont have GC
By the way I am on h1B. I dont have GC
hariswaminathan
07-18 11:02 PM
Hi, I am currently on a Company A's payroll and working at a client's place (Company B); now that Company B wants me to join them; however, there is a contract between Companies A & B not to hire the employee directly; what should be done in this case? I also have a contractual obligation to my employer not to join the client for 12 months. My employer(Company A) is not willing to let me go (though I worked for a year already). Any advise from the forum?
Thanks
1. Your company (A) has you in a bind. They also have the client (B) in a bind. I doubt (B) will stand up for you beyond a point and fight any battle - unless they are really desparate to hire you.
2. Dont go against your company - they are likely to go after you legally and probably win.
3. Try to negotiate with your client (B) to pay a fees to your (A) to hire you as full time. This is probably the only way to get out of it clean and keep both parties happy.
Thanks
1. Your company (A) has you in a bind. They also have the client (B) in a bind. I doubt (B) will stand up for you beyond a point and fight any battle - unless they are really desparate to hire you.
2. Dont go against your company - they are likely to go after you legally and probably win.
3. Try to negotiate with your client (B) to pay a fees to your (A) to hire you as full time. This is probably the only way to get out of it clean and keep both parties happy.
more...
EkAurAaya
06-26 07:26 PM
I got the email "card sent for production" yesterday... EAD was applied last week of May!
My Guess... they probably got a MEMO to drop everything and approve all EAD apps before June 30th :rolleyes:
My Guess... they probably got a MEMO to drop everything and approve all EAD apps before June 30th :rolleyes:
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msjaggi
07-19 04:54 PM
Hi,
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
1. I am on L1 with current company A(with current i-94 expiring in Nov 2007). I got my H1 approval this year from consultant B and they got the I-797B. This document shows the validity from Nov 2007-2010. But I have heard people get something called I-797A which has a new I-94 attached to it and in my case it is not.
Here are my questions.
1. Can I start working for consultant B from Oct 1.(after quitting the company A with L1).?
2. What should I do since I have current I-94 only till Nov 15th 2007 and if I ask my current company A to extend it they wont do because I want to leave them as early as possible before Oct 1st.
3. Can my consultant file for the change of STATUS from L1 to H1B(the approval for which I have already received from USCIS) and then in that case it will have new I-94 attached.
4. Anyother suggestions what should I be doing so that I can start working on H1 after Oct1st here and then whenever I go back to India, after 4 or 5 months I will have the Visa stamped.
Thanks in advance.
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gulute
05-19 03:30 PM
That was real quick!
Thanks
Thanks
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walking_dude
09-21 05:57 PM
As I mentioned, "many" and not "all", I stand by my statement. Those paying taxes ( using fake SSNs) are in high-paying jobs like construction. How many of those waiting eagerly waiting for a job outside HomeDepot, you think, pay roll taxes? Not to mention low-paying jobs like fruit-pickers, cash workers in restaurants etc.
In a nutshell - there are those who do pay taxes. There are also a good number of those who don't
[LIST]
Even Workers in U.S. Illegally Pay Tax Man....
In a nutshell - there are those who do pay taxes. There are also a good number of those who don't
[LIST]
Even Workers in U.S. Illegally Pay Tax Man....
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GC_LOOKIN
05-20 10:16 PM
Me and my wife applied for AP renewal on the same date, my wife received the receipt notice but I haven't received mine yet. It's been almost 10 days since we sent the documents to USCIS Nebraska center. even the check isn't cashed out yet. Did this happen to anyone? any suggestions guys??
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willgetgc2005
03-17 11:44 AM
Frists Bill talks about advanced degree. So if u are in EB3 with an engineering degree from say India/China, does it cover such EB3 candidates ? Is his bill beneficial to only EB2 and above ?????!!!!!
someone please explain.
someone please explain.
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anilsal
12-05 10:39 AM
In my opinion, with this global economy - if the spouse is well educated and can work, there should be an opportunity for that person to work (atleast few hours per day).
Sitting at home and taking care of kids for long, can drive a capable/educated individual to psychological issues, which can overall have an impact on family as well as the mental wellbeing of the breadwinner.
What happened to all those Equal rights for women/dependents etc etc groups in the US? Ofcourse I am not saying that all H4 people are women (the majority is women)
Sitting at home and taking care of kids for long, can drive a capable/educated individual to psychological issues, which can overall have an impact on family as well as the mental wellbeing of the breadwinner.
What happened to all those Equal rights for women/dependents etc etc groups in the US? Ofcourse I am not saying that all H4 people are women (the majority is women)
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eb3India
12-10 10:20 AM
Visiting IV webiste after long time, (yes I got my GC :) ), feel nothing has changed, another flaming post from logiclife and he hopes it will touch egos of those ( as he calls them cowards), but my friend their skin so thick they won't even feel it,
I have been in this position, when I tried to start state chapter, I was not able to find single person, At that time I had EAD and sucessfully changed jobs, I knew many friends who were still in H1B and crib on every time how they have been exploited,
Anyway one thing comes to my mind, it still amazes how Mahatma Gandhi was able to inspire people out of this lot to do what they did
I have been in this position, when I tried to start state chapter, I was not able to find single person, At that time I had EAD and sucessfully changed jobs, I knew many friends who were still in H1B and crib on every time how they have been exploited,
Anyway one thing comes to my mind, it still amazes how Mahatma Gandhi was able to inspire people out of this lot to do what they did
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zoooom
03-13 05:05 PM
I am in almost exactly the same situation as you... I wonder if this can be done as well... On the other hand, as long as AC21 and EAD are prevalent (as long as we can indeed get 3 yr EAD) it is atleast not as bad for us...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
I pity the poor guys who could not file in july for whatever reason and are stuck in EB3 with a later PD
Yeah agreed...atleast we r lucky in that sense. But looks like now EB3 is not going anywhere. I might be wrong but till I dont see some good movement in EB3 category I choose to remain pessimistic...
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stueym
07-06 11:00 AM
Bobzibub you are a funny guy :-) That made me smile. Maybe we should petition for you for an EB1NIW as a comedy script writer of international reknown! :D
more...
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GCard_Dream
03-21 11:16 AM
Great post. Couldn't agree with you more.
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
The more I read this form, the more I become disgruntled with this community! To say that someone from a lower class of visa and not from an "Oversubscribed country" (and I am assuming you mean India) is less skilled and less deserving than someone from a higher class and oversubscribed country is ludicrous to say the least. Each and everyone of us (and I mean "legal immigrants") have our own skill sets and contribute equally to the American society. As long as we are competent at what we do, then we are all SKILLED in our own way. The only real defining difference among the visa classes is the level of education not skill. To suggest one is better based on education alone is arrogance and nothing else!
The U.S. immigration system is not without its flaws and despite the delays and frustrations, it is FAIR! The per country limit is to ensure that citizens of ALL nations have an equal opportunity to immigrate to the U.S. and not just a select few. The only thing that I have found unfair as far as immigration in this country is concerned is the politicians focused efforts to do something for the "illegal" immigrants at the expense of the "legal" immigrants.
We are all in this together and the insults and innuendos that dominate this forum divide us so let's stop them and focus on the real issues!
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Legal
07-18 03:06 PM
Legal,
Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.
But I am sure you did not mean it that way.
No. I didn't.
For whatever its worth Compete America has sent another letter supporting the Llofgren bills yesterday. To my knowledge this is the first time they are openly supporting an EM immig relief without asking to increase H1 B numbers.
Sorry, you probably did not put it that way, but it comes out as, we suffered yesterday, so you guys should suffer today. If that is the case, then solving the immigration issue should be the last on our minds, since we have suffered this long, maybe all the future applicants should suffer just as much.
But I am sure you did not mean it that way.
No. I didn't.
For whatever its worth Compete America has sent another letter supporting the Llofgren bills yesterday. To my knowledge this is the first time they are openly supporting an EM immig relief without asking to increase H1 B numbers.
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ameryki
10-06 10:27 AM
Just a quick update I efiled on Sept 22nd 2009. Was assigned to LIN, Nebraska. Sent supporting documents the next day by first class mail. Received 2 copies of advance parole in the mail yesterday. Checked online this morning case was approved on October 2nd 2009. So basically from filing online to approval took 10 days total. I am amazed.
rajsand
09-20 12:03 PM
I am sure the awareness and the seriousness was missing among the locals!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
Educate them , that more imp.. this has to be worked on!
One thought I have is.. if we register people with a minimum amount and reimburse them at the day of the rally, many will turn up..!
I know of cases where people agreed to show up but when the d-day came by.. not one ticked!!
ArkBird
09-05 12:48 PM
Hey guys, let's each try to change at least 10 minds between now and the rally! That would bring us great success!
Add 1 to counter. I am in from California...
Add 1 to counter. I am in from California...
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