mrajatish
05-22 03:04 PM
Please email your senators/ send them fax or call them - no point in venting it on the forum, nothing is going to change.
Change the lawmaker's mind.
Change the lawmaker's mind.
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kanvenk
01-23 02:20 PM
I know, that's why, wondering about our Immigration bills.
Thanks.
Thanks.
gcwanter
03-02 01:16 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
who pays for GC nowadays? people are paying for their own H1B's. count urself lucky if your company is paying for you. most of the cases we are paying and being treated like BS from both lawyer and company in GC matter
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
who pays for GC nowadays? people are paying for their own H1B's. count urself lucky if your company is paying for you. most of the cases we are paying and being treated like BS from both lawyer and company in GC matter
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kris04
07-09 07:38 PM
Hi,
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
My attorney received an EVL RFE for my I-485 case. My PD is 2007 EB3 so I don't have any hope of getting GC but I guess they are just pre-adjucating my case.
Here is my situation - I filed my !-485 in Aug 2007 and changed job (without filing any AC-21 paperwork with USCIS) in April 2008. My attorney had looked at new job description and given green signal for change. My entire immigration history of 10 years in US is totally clean with no gaps and with all work autorizations.
Now, my concern is that the letter that my attorney has prepared for my current employer to sign has lot of legal lingo (AC-21 language, lot of CFRs, info related to my LCA and I-140) and has some language to the effect of supporting my LCA and I-140 till my GC is approved. It also states that my current employer was able to afford to pay my salary since the LCA date. My employer is fortune 5 company so money wise there is no problem but my concern is that they may not want to sign such a lengthy (wordy) legal doc without consulting their Immi attorney. I don't have much time to respond (only 8 more days). So if my employer takes long time or tells me that they can not sign it, I want to be ready with Plan B. Can someone suggest what should I do?
1 - should I prepare a simple document with job duties, responsibilities, start date, salary etc that my employer will be willing to sign. So at last moment I can atleast get that signed. Something will be better than nothing.
2 - Should I / (bigger question is can I) ask USCIS to give me more time to respond to RFE?
3. Provide simple letter from employer with an affedavit or something stating that the new job is same / similar as the old job.
Sorry for a long post and thanks for any suggestions.
Hi,
Don't worry about this RFE, looks like your attorney is over reacting in responding to RFE, my close friend got a similar RFE last year when he used AC 21 without notifying USCIS and joined a new employer, he just responded to the RFE with the copy of the offer letter and a new standard HR letter provided for giving EVL letter for any purpose, but addressed to USCIS signed by an HR representative, upon the RFE response USCIS approved his I 485 within 15 days. USCIS is just trying to make sure you're currently employed and in the same profession, I think just getting the automated EVL and getting it signed by the HR plus your offer letter copy should be sufficient. I myself successfully used AC 21 , but by notifying USCIS after joining new employer and got my GC approved last year without any RFE.
Good Luck
Cheers
kris
more...
blue_line
03-02 01:06 PM
is it even legal for you to pay for G.C.
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
by law i think your company should pay for all G.C. related expenses..
correct me if i am wrong
alinaturkova
01-15 11:50 AM
Thank you so much for your responses! I did not mean to lie to the consulate when I answered "no" on the form the previous time. I think the thing that we've actually came back in time proves it. The new DS-160 form doesn't have this questions because I've heard that many people were confused by it. The consulate officer did not ask us if we were planning to immigrate to the US. I know of quite a few people who were issued a non-immigrant visa while replying "yes" to that question. Does it mean the law was broken on that case?
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
Does it matter if the "I-130" was not approved yet? Does it count "immigration intent" from the date they've received documents from my brother? Please comment. Thank you.
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learning01
01-23 09:04 PM
You are right and I don't know the circumstances vicks_don had chosen to post this. As I posted elsewhere (http://immigrationvoice.org/forum/showpost.php?p=43868&postcount=662), now the time is ripe to act decisively.
Note: I am posting this, one more time, in this open thread, as the above post is behind a login.
A small step for special interests ... a gaint leap for us
I had watched this forum growing by leaps and bounds over the past year. I personally know how the core group is acting towards our stated goals. Now an opportunity has come for us, the foot soldiers to act in unison. As the title of this post suggests, we will watch, observe how big brother is acting and will emulate the same.
In this connection, I beseech (implore, beg, request, ask, entreat, plead, press, demand) to watch out the efforts to introduce / incorporate retrogression relief for healthcare in the coming days / weeks. Read the block quote in full and you will understand what I am saying.
Healthcare Immigration Alert
published by Hammond Law Group, LLC
JANUARY 23, 2007
ADVOCACY ALERT - RETROGRESSION
There is a small window of opportunity for healthcare retrogression to be solved and we need your help. If ANYONE has a personal relationship with any of the following Senators please immediately contact HLG's Chris Musillo (cmusillo@hammondlawfirm.com, (513) 381-2011 Ext. 223).
Edward M. Kennedy (http://kennedy.senate.gov/)
D-MASSACHUSETTS
Joseph R. Biden, Jr. (http://biden.senate.gov/)D-DELAWARE
Herb Kohl (http://kohl.senate.gov/)
D-WISCONSIN
Dianne Feinstein (http://feinstein.senate.gov/)
D-CALIFORNIA
Russell D. Feingold (http://feingold.senate.gov/)
D-WISCONSIN
Charles E. Schumer (http://schumer.senate.gov/)
D-NEW YORK
Harry Reid (http://cmpgnr.com/r.html?c=876101&r=875360&t=587772711&l=1&d=87911650&u=http%3a%2f%2freid%2esenate%2egov%2f&g=0&f=87911654)D-NEVADA
The government's current Continuing Resolution continues federal funding until February 15, 2007. At that time, another funding bill must be passed. Similarly there is an Iraq War funding bill set to be acted on this Spring. Legislators have traditionally allowed urgent legislation to be attached to funding bills like these.
We have made inroads with many of these members' staffs. A personal relationship with one of the Senators would likely be enough to secure a Schedule A retrogression amendment as an attachment to one of these two bills.
The current strategy is to obtain a small Schedule A retrogression amendment (anywhere from 15,000 - 90,000 visas) in the Spring; we will then push for a permanent Schedule A retrogression amendment (Brownback amendment) whenever Congress considers Comprehensive Immigration Reform. Our contacts tell us that Congressional leadership is willing to allow the Brownback amendment as part of CIR.
But for now we have this small opportunity to secure 15,000 - 90,000 visas. Please contact Chris if you have any personal relationship with these Senators or even their most senior staff.
Christopher T. Musillo, Esq.
Hammond Law Group LLC
3311 Carew Tower
441 Vine Street
Cincinnati, OH 45202
513.381.2011 x223 voice
513.381.2227 fax
cmusillo@hammondlawfirm.com
www.hammondlawfirm.com
Let's watch out what is being worked out for and introduced for healthcare folks. We will forcefully demand the same kind of relief. We will question why such a special consideration. We will write to lawmakers, our employers, particularly the big and kind corporations, we will write letters to editors. Let's mount one more coordinated effort on this front. As always, let us act smartly and intelligently. The moment has come and it is now.
Please feel free to discuss this post, suggest ways and means, and we will crystallize our effort on this front. We can do it and we will do it.
PS: One suggestion is subscribe to Google Alerts for �healthcare� and �retrogression� and be kept informed.
Another is to write / call members of congress and pose a direct question / their position on retrogression relief to skilled workers stuck in retrogression.
Note: I am posting this, one more time, in this open thread, as the above post is behind a login.
A small step for special interests ... a gaint leap for us
I had watched this forum growing by leaps and bounds over the past year. I personally know how the core group is acting towards our stated goals. Now an opportunity has come for us, the foot soldiers to act in unison. As the title of this post suggests, we will watch, observe how big brother is acting and will emulate the same.
In this connection, I beseech (implore, beg, request, ask, entreat, plead, press, demand) to watch out the efforts to introduce / incorporate retrogression relief for healthcare in the coming days / weeks. Read the block quote in full and you will understand what I am saying.
Healthcare Immigration Alert
published by Hammond Law Group, LLC
JANUARY 23, 2007
ADVOCACY ALERT - RETROGRESSION
There is a small window of opportunity for healthcare retrogression to be solved and we need your help. If ANYONE has a personal relationship with any of the following Senators please immediately contact HLG's Chris Musillo (cmusillo@hammondlawfirm.com, (513) 381-2011 Ext. 223).
Edward M. Kennedy (http://kennedy.senate.gov/)
D-MASSACHUSETTS
Joseph R. Biden, Jr. (http://biden.senate.gov/)D-DELAWARE
Herb Kohl (http://kohl.senate.gov/)
D-WISCONSIN
Dianne Feinstein (http://feinstein.senate.gov/)
D-CALIFORNIA
Russell D. Feingold (http://feingold.senate.gov/)
D-WISCONSIN
Charles E. Schumer (http://schumer.senate.gov/)
D-NEW YORK
Harry Reid (http://cmpgnr.com/r.html?c=876101&r=875360&t=587772711&l=1&d=87911650&u=http%3a%2f%2freid%2esenate%2egov%2f&g=0&f=87911654)D-NEVADA
The government's current Continuing Resolution continues federal funding until February 15, 2007. At that time, another funding bill must be passed. Similarly there is an Iraq War funding bill set to be acted on this Spring. Legislators have traditionally allowed urgent legislation to be attached to funding bills like these.
We have made inroads with many of these members' staffs. A personal relationship with one of the Senators would likely be enough to secure a Schedule A retrogression amendment as an attachment to one of these two bills.
The current strategy is to obtain a small Schedule A retrogression amendment (anywhere from 15,000 - 90,000 visas) in the Spring; we will then push for a permanent Schedule A retrogression amendment (Brownback amendment) whenever Congress considers Comprehensive Immigration Reform. Our contacts tell us that Congressional leadership is willing to allow the Brownback amendment as part of CIR.
But for now we have this small opportunity to secure 15,000 - 90,000 visas. Please contact Chris if you have any personal relationship with these Senators or even their most senior staff.
Christopher T. Musillo, Esq.
Hammond Law Group LLC
3311 Carew Tower
441 Vine Street
Cincinnati, OH 45202
513.381.2011 x223 voice
513.381.2227 fax
cmusillo@hammondlawfirm.com
www.hammondlawfirm.com
Let's watch out what is being worked out for and introduced for healthcare folks. We will forcefully demand the same kind of relief. We will question why such a special consideration. We will write to lawmakers, our employers, particularly the big and kind corporations, we will write letters to editors. Let's mount one more coordinated effort on this front. As always, let us act smartly and intelligently. The moment has come and it is now.
Please feel free to discuss this post, suggest ways and means, and we will crystallize our effort on this front. We can do it and we will do it.
PS: One suggestion is subscribe to Google Alerts for �healthcare� and �retrogression� and be kept informed.
Another is to write / call members of congress and pose a direct question / their position on retrogression relief to skilled workers stuck in retrogression.
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maverick_neo
08-14 02:05 PM
This is a million dollars question on everybody's mind. Although the books says you can, I bet no body will take the risk.
Nobody can predict when July filer will get AP too.
There is a good chance I am taking this risk. But if there is any hope I will wait. Contrary to that if there is no hope I don't want to keep waiting until July next year for AP.
Nobody can predict when July filer will get AP too.
There is a good chance I am taking this risk. But if there is any hope I will wait. Contrary to that if there is no hope I don't want to keep waiting until July next year for AP.
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ntpatil
11-10 02:03 PM
Gurus,
July filer...
Here is my current situation
1. Entered US on H4. H4 is stamped on the passport until 2010.
2. Applied for EAD (July filer) and current using EAD for work
3. Will go to India this year end and planning to come back on the stamped H4.
Here are my questions
1. When I entered on H4, on the POE, the officer would have marked my status as H4. Now, I have used EAD...so currently I am on AOS pending status. How do they know this? Is this based on the I-9 that I have filled for the employer? But I9 form is retained by the employer unless requested by USCIS, so how does USCIS know that I am on EAD (AOS)?
2. When I go to India, I will surrender the I-94 that I received when I entered on H4. So when they tally their records, will they treat me like H4 leaving US or EAD (AOS) leaving US?
3. When I reenter US on H4, again my status will change to H4 right?
4. At this time I assume that the EAD card that I have is still valid (Not invalidated because I entered on H4 and not on EAD/AP. So, If I have to start working again, Do I need to fill the I9 form again for the same employer.
5. If I do not fill the I9 form, then how will USCIS know that I am working on EAD...which means that my status is AOS pending?
6. In my case, the primary applicant chooses to remain on H1. So if our I485 gets denied does this mean that I am out of status because I am using EAD or does it mean that I am fine because I entered on H4 and that is what they have in their record.
7. If I am out of status, can I file for a change of status to H4 or an extension to the previous H4 from US itself so that I continue to be in status�or do I have to leave and enter the country again?
Thanks in advance for your replies
July filer...
Here is my current situation
1. Entered US on H4. H4 is stamped on the passport until 2010.
2. Applied for EAD (July filer) and current using EAD for work
3. Will go to India this year end and planning to come back on the stamped H4.
Here are my questions
1. When I entered on H4, on the POE, the officer would have marked my status as H4. Now, I have used EAD...so currently I am on AOS pending status. How do they know this? Is this based on the I-9 that I have filled for the employer? But I9 form is retained by the employer unless requested by USCIS, so how does USCIS know that I am on EAD (AOS)?
2. When I go to India, I will surrender the I-94 that I received when I entered on H4. So when they tally their records, will they treat me like H4 leaving US or EAD (AOS) leaving US?
3. When I reenter US on H4, again my status will change to H4 right?
4. At this time I assume that the EAD card that I have is still valid (Not invalidated because I entered on H4 and not on EAD/AP. So, If I have to start working again, Do I need to fill the I9 form again for the same employer.
5. If I do not fill the I9 form, then how will USCIS know that I am working on EAD...which means that my status is AOS pending?
6. In my case, the primary applicant chooses to remain on H1. So if our I485 gets denied does this mean that I am out of status because I am using EAD or does it mean that I am fine because I entered on H4 and that is what they have in their record.
7. If I am out of status, can I file for a change of status to H4 or an extension to the previous H4 from US itself so that I continue to be in status�or do I have to leave and enter the country again?
Thanks in advance for your replies
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nybear1
07-20 09:24 AM
I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
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umeshsak
06-30 02:53 PM
I have applied for I -140 (EB2) but I am with 10+Diploma(3 years) +Bachelors of Electronics from Mumbai Univerisity(3 years).
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
Is it considered 4 year degree and good for EB2 along with prior 5 years of experience?
Thanks
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mrajatish
02-27 05:59 PM
http://ia.rediff.com/money/2006/feb/27bpo.htm?q=bp&file=.htm
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amitjoey
07-18 02:43 PM
Funds, There are more ideas than funds. For every new campaign, plan, we need funds. So it is an ever needed commodity. We can do a lot and lobby effectively, we just need more funds, plain and simple. Inspite of several hundreds contributing, it is not enough. Remember IV is a non-profit, so every penny is accounted for. People handling money (core IV) are sincere, honest hardworking people on work-visas, they have much to lose from not being accountable. And the most important thing is, please take a look at these hard-working IV CORE PEOPLE, please. Some of them have put thousands of dollars (I mean 5 and ten thousand) into this effort. I am not counting personal expenses, travelling to DC, lost work hours etc.
So your $100 at the bowling arena, or $50 at dinner or $35 bouquet wont get you much farther, but your recurring contribution to IV will.
So your $100 at the bowling arena, or $50 at dinner or $35 bouquet wont get you much farther, but your recurring contribution to IV will.
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sve0390
07-06 06:51 PM
The following write-up appears here courtesy of ChanduV23, one of our members. This has been edited for content and messaging:
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
I was wondering if we can use this template and your press release ( http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.pdf) to let our local news media know. Thanks
Thank you ChanduV23
- On behalf of the Core IV Team
I am a highly-skilled professional who entered this country legally. I�ve been waiting for my US permanent resident visa -also known as "Green Card" for the past several years along with 500,000 other educated, highly skilled employment based (EB) immigrants. Many of us have been waiting for our turn to get Green Cards for 5-10 years while consistently abiding by all the laws of this country. Such long delays are due to tortuous and confusing paper work, backlogs due to various quotas and processing delays at US Citizenship and Immigration Service (USCIS) and other allied state and federal agencies.
Several categories of EB immigrant visa (Green Card) numbers have been unavailable (�retrogressed�) since the fall of 2005. Because our immigrant petitions are tied to the sponsoring employer, these delays have led to indentured servitude for several of us. Our professional prospects, job mobility and potential opportunities for entrepreneurship have been compromised.
For the past several decades, the US Department of State (DOS) has been publishing advisories known as visa bulletins once a month to announce the availability of immigrant visa numbers. On June 13, 2007, after a gap of nearly two years, DOS announced that all EB visa numbers would be �current� for the month of July. This meant, irrespective of our �priority date� (date assigned to us for our turn in the line for Green Cards), all of us were made eligible to apply for some interim immigration benefits. This �priority date� refers to the date when our labor certification (documentation verifying no US citizen worker was available for a given job) had been filed.
Please note that 6/13 DOS announcement would not have led to immediate green card for most of us; but at least it would have ensured us interim benefits such as the right to travel and right to work- this was still a welcome change. Especially, for dependent spouses who have been otherwise unable to work, this would have translated into right to travel and work without restriction and thus channel their energies positively. Several dependent spouses are also highly-skilled. This would provide them an opportunity to realize their technical and entrepreneurial expression and add to tax dollars. Additionally, this would have greatly reduced the paperwork burden on our sponsoring US employers.
Tens of thousands of applicants spent thousands of dollars in legal fees, immigration medical exams & vaccinations & getting various supporting documents ready to file our immigrant petitions to USCIS, at times inconveniencing our old parents in our home countries as well. It has been an agonizing two weeks for us. Some of us to had to fly in our spouses from our home countries or have had to cut short business trips. To our shock and dismay, on the morning of July 2nd 2007, USCIS announced that EB visa numbers were not available and all petitions filed in July would be rejected.
For the legal skilled immigrants this has been a rather traumatizing and disheartening experience.
We sincerely seek immediate congressional/ legislative remedial measures which would
(1)Reduce the enormous backlogs of green card petitions of legal skilled immigrants
(2)Ensure and request USCIS not to reject our immigrant visa petitions filed in July and provide us interim benefits of a pending immigrant visa petition. We make this sincere request on this Independence Day with the hope that people who played by the rules will be rewarded.
I was wondering if we can use this template and your press release ( http://www.prlog.org/10022648-no-celebration-for-thousands-of-highly-skilled-future-americans-this-july-4th.pdf) to let our local news media know. Thanks
more...
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GCAmigo
03-07 02:51 PM
All this would only help the child continue to stay in US with a Legal Status.. But he/she would still be a dependent(H-4) that means cannot do any part-time job & at the same time pay higher tuition fees.. whereas the DREAM Act proposes to give GC status to the children of illegal immigrants.. seems a tad too unfair for those who abide by the law!
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komaragiri
08-29 03:16 PM
I got FP notice on 8/14 with appointment date on AUG 31. My application received on 7/2 and notice date of 8/2.
NSC sent the notice to me and to my attorney.
Hope this helps.
NSC sent the notice to me and to my attorney.
Hope this helps.
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immique
06-18 07:54 PM
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
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jainajitk
08-15 05:24 PM
Register myself
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53885
08-16 07:14 PM
While we can seek IV's help in this for future.......
If majority of the people
- dont want to be involved with IV action items,
- can not overcome their obsession about receipt notice and FP notice and EAD/AP approval...., and anxiety attacks about visa bulletins
then there will be a time where there is no IV.
If majority of the people
- dont want to be involved with IV action items,
- can not overcome their obsession about receipt notice and FP notice and EAD/AP approval...., and anxiety attacks about visa bulletins
then there will be a time where there is no IV.
twinbrothers
07-11 05:22 PM
Yes you can claim them as dependants. I have done this in the past. All you have to do is file the ITIN application with your Federal Tax Return.
sanjay
05-26 11:35 PM
Dude, what are you talking about :confused::confused::confused: Am I missing any comedy here?
Even I failed to understand the point made by original poster. I sometime doubt we come here for discussing some serious stuff or some comedy circus?
Even I failed to understand the point made by original poster. I sometime doubt we come here for discussing some serious stuff or some comedy circus?
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