Jagadish1978
07-19 07:28 PM
I have these below queries on Green card processing
My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.
The reason for these questions is that I am planning to change the company that I am working with.
Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.
My Green card processing background
My labor and I140 are approved and have priority date of May 2006 under EB3 category.
The reason for these questions is that I am planning to change the company that I am working with.
Questions.
1. Can I port the priority date (March 2006) when applying for new green card with new employer.
2. If possible to port the priority date can I apply under EB2 category assuming all other criteria satisfy for EB2 category and use the same (May 2006) priority date.
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illusions
05-18 11:14 AM
How has panini's profile in THIS THREAD got anything to do with immigration? this is NOT an immigration related thread. If you should police a person's profile in an immigration related thread no one would object, but this is the wrong thread. And isn't the default changeability the US ? Your accusations are pretty strong and doesn't seem to have any backing; what are the rumors that he has been spreading ? anti immigrant ???
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
If you should police this site, then ask the Admin's to close non immigration related threads that have a political debate involved.
nrk
10-21 02:48 PM
Did you missed out the year 2006 or You expect the annual spillover happens in August and Septemeber 2010 bulletins so that they will move more than one year for EB2
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
I have built a very simple EB2-I Visa predition model
Making following assumption
15000 new EB2 ROW I-485 applications
12000 new EB1 I-485 applications
EB4/EB5 use 70% of allocated visa (30% spillover)
EB2 Visa Bulletin prediction for FY 2010
Bulletin Quarterly-spillover Annual Spillover
Oct-09 22-Jan-2005 22-Jan-2005
Nov-09 22-Jan-2005 22-Jan-2005
Dec-09 31-Mar-2005 1-Feb-2005
Jan-10 31-Mar-2005 15-Feb-2005
Feb-10 31-Mar-2005 31-Mar-2005
Mar-10 31-Mar-2006 31-Mar-2005
Apr-10 31-Mar-2006 31-Mar-2005
May-10 31-Mar-2006 31-Mar-2005
Jun-10 15-Oct-2006 31-Mar-2005
Jul-10 15-Oct-2006 30-Sep-2005
Aug-10 15-Oct-2006 30-Apr-2007
Sep-10 31-Mar-2007 30-May-2007
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ashutrip
06-26 01:57 PM
out of context...but do u think dates will be current in august and sept...
My labor in Atlanta....dont see it getting certified B4 August:( :(
My labor in Atlanta....dont see it getting certified B4 August:( :(
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u.misc
01-19 10:46 AM
>>> There are humane involved in drug narcotics and prostitution business too. Any business or industry has some beneficiary whether it is legal or illegal.
Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.
Yes but there's a big difference in the humane involved in drug narcotics and prostitution Vs the humane involved in consulting.
If you wife, sister or mother were to work as consultant you probably won't mind, but image them choosing business you suggested. Hopes that puts a little prospective of the difference involved in your mind.
BharatPremi
09-24 04:54 PM
Not sure what you are talking about. There are two rules as follows
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
28.6% EB visas for each category EB1/EB2/EB3 and 7.1% for EB4/EB5
Ans: These numbers are meant for "Assigning Visa numbers to applications" BUT " not to grant Visa / approve 485 / Order Physical Green card"
7% limit for each country in EB category (India will get 9800 visa in all EB1-5 categories)
+ 2% dependent limit for each country in EB category
Ans: These numbers are meant for "grant Visa / approve 485 / Order Physical Green card" BUT " not to Assign Visa numbers to applications"
To enforce the limit each EB subcategory (EB1/EB2/EB3/EB4/EB5) enforces country cap, no more than 2822 visa for India in EB1/EB2/EB3 categories.
Ans: this concept 0.07X 0.286 - It is a false concept.
The limit can be extended when there are leftover visas (this is what has extended the limit for EB1/EB2/EB3 India for last few years).
/\ my answers
more...
vdlrao
07-21 07:59 PM
If I understand correctly, there is no mechanism for unused EB visas to spill over to the following year's EB, but the law allows unused FB visas to spill over to the following year's EB ?!
The unused Employment Based visas will be added to the following year's Family Based visas.
The unused Employment Based visas will be added to the following year's Family Based visas.
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_TrueFacts
09-04 01:39 PM
You dont even talk about my village even in your dreams.. Our village is much happier than before 5 years.. Its all becuase of YSR did for our village.
What did he do?
What did he do?
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Saralayar
03-17 10:33 AM
Asking such things are not correct. Any how labor substitution is not happening much and individuals with real issues like kids going to the final years in school etc., are finaly deciding and trying to take this risk.
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chiragmodi
09-28 07:18 PM
Is it mendetory to file AC21 if your job title and duties are identical in your new job???
Thanks.
Thanks.
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samay
07-28 09:13 PM
Dear Sir,
This is my situation
1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal
My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.
2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?
Thanks for your time and help.
Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
This is my situation
1. Applied for H1B Extension on Jul-10-2007
2. Got RFE on Mar-2008 and replied to RFE on Apr-2008
RFE: 1. client contract 2. last 2 yrs my tax return
3. After Reply to RFE no news from USCIS
4. Applied for Premium processing on Jul-14-2008
5. I485 Pending and having EAD/AP for my family and Jul-09-2008 applied for EAD Renewal
My Questions:
1. Since my H1B expired on Jul-14 What is my status? Can I work till I get my H1B approval?.
2. How can I expedite the H1B Process ? (already upgraded to PP)
3. If I get approval , do I need to go back to home country to get stamping?
Thanks for your time and help.
Regards,
watgc
You should have got a response from USCIS by now or by tomorrow latest. If not then they will have to refund your fee. Once you get approved, when you travel outside of US you will have to get your H-1 B visa -either in your home country or Mexico or Canada.
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bitu72
11-03 03:14 PM
are you going to be there and then look for job..also what sites are you using to search for job. biggest advantage of going there is you can do you own business.
how long did it take to complete the whole process.
how long did it take to complete the whole process.
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Jerrome
09-15 12:47 PM
How did you say that are Only EB2+ EB3?
What else is there? EB1 does not have labor right..Does EB4 & EB5 has labor process.
What else is there? EB1 does not have labor right..Does EB4 & EB5 has labor process.
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EndlessWait
06-28 03:48 PM
I heard that Fedex is going on strike in Nebraska in the month of July and will end their strike when retro kicks in?
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
:D
Did anyone else hear this?? Can anyone post a valid link to this other than
OH OH OH OH Mathew site link????
:D :D :D :D :D
:D
more...
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dilipcr
06-12 03:56 PM
I am simply stumped at the level of comprehension of the folks right here. Let me summarize my views as points and hopefully I will get through to you guys
1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?
2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000
3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.
4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?
For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.
One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction
1. Bring in low cost labor to fulfill this shortage and avoid local training costs
2. Expand on a new idea. Green seems to be the buzzword today.
In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.
1. My mention of BITS was not to prove that I was the best and the brightest. It was to prove that my education was NOT subsidized by the govt of India directly or indirectly. Remember passing out of any university doesnt confer the title of the best and the brightest. Unseenguy - If you have kicked the ass of IITians, bitsians etc then consider yourselves genuine. Why this unnecessary trip down "Not confident about myself lane" ?
2. My mention of MSFT was again not to prove that I am part of the best and rightest. It was to prove that I came here not with the value proposition of low costs but with the value proposition of hardwork and some talent. I did not compromise on my pay or did replace any native employee. Oh BTW I left MSFT in 2000
3. My mention of the 3 layoffs and my journey was to inform you guys that whatever is happening now is similar to whatever happened in 2001. I wanted to calm down the nerves of the genuine people. Without reading and comprehending the posts, I get responses like that I was an illegal. Remember I was taken back in for 2 days, 485/AP/EAD applied and my jobless days were with my EAD in hand.
4. One of the reasons, I am against outsourcing companies is that they dump low wage workers. If you guys are aware, every country, including India and US, has anti dumping laws to protect local industries. I am not against offshoring or outsourcing but I am against dumping. Some posters have questioned how I would be affected by all this if I were the among the best and the brightest ? Valid question to a good extent. If you realize that as you age your speed and dexterity at which one adopts newer skills start waning. How long do you think that upgrading skills in a single industry would be possible when you are going to be constantly competing with walmart style options ?
For now I have chosen to enroll myself in an MBA program and I am hoping that my skills wouldn't be diluted. Think about going to school at age 35 with the responsibility of family and kid. This is my last ditch effort in upgrading my skills because it involves a substantial ownpayment. I am not sure about you guys but a 100K investment for school now is huge for me. The big question is, I am able to pull up my last bit of energy to upgrade now but will it be possible 5 years now if these outsourcing companies starting dumping low cost MBAs ? This is what I meant by my quality of life being impacted. If you guys think that you wouldnt go through the same scenario, then you need some serious retrospection.
One last thing I would like to point out the inherent contradiction that the current prospective immigrants are facing today. GC is a process that is there to fill in the lack of skills in the US. However with unemployment running close to 10%, the question arises as to whether to train local populace for these skills. There are just 2 exits out of this contradiction
1. Bring in low cost labor to fulfill this shortage and avoid local training costs
2. Expand on a new idea. Green seems to be the buzzword today.
In my opinion, option 1 is lose lose situation for all including the actual foreign employee who provides the services at a low cost. It is the outsourcing company for sure and probably the hiring company that may benefit. The society as a whole loses. Option 2 is an organic option but is laen with the dangers of delays in take off and boom and bust cycles. This is exactly the reason why I suggested that we cut these outsourcing cs from dumping bodies here. I hope I have clarified my opinions lucidly and hopefully look forward to a mature discussion as opposed to name calling, affronts etc.
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leoindiano
07-17 09:35 AM
Dear Attorney,
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
I had 2 I-140's for same job, same employer. Both approved. When lawyer sent I-485 package they sent the receipt of I-140 which had earlier PD, Which is what i wanted. I saw an LUD on other I-140 on 11/27/2007 almost after a year it was approved. Is that a matter of worry?
On I-485 receipt, Priority Date field is blank. How can i confirm that they got the correct I-140 attached to my I-140?
Thank You
more...
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dvb123
02-15 10:56 AM
I think recapture of visas is not exactly possible but the court can order to clear the backlog before issuing visa numbers to other applicants depending on previous court precedents.
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unitednations
02-13 03:34 PM
I interpreted that as allowing a country to go over the overall 7% limit in the total EB categories.....Which conforms to what USCIS did in 2005....USCIS allowed much larger than 7% from India that year...and they were within law...( Of course that can be litigated against if someone raises an objection ......)
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
So if my interpretation applies and after reform there are 290K total visas available then there is a decent chance of EB2/EB3 India China to at least come to 2005 PD levels if not current...
If they changed the law to have 300,000 visas but there is 400,000 people going for greencard; then there would still be retrogression. The unused visas from ROW would not get allocated quarterly but in the fourth quarter.
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nixstor
09-03 08:15 PM
You need DOB certificate at I 485. I am not sure whether Police Certificate is needed at 485 stage or not. What I am curious is will the USCIS accept DOB certificate from the Indian Embassy or would require it back from the applicants place of birth. A person whom I know has recently requested for DOB certificate and it took almost 45 days in his native place in India.
longq
02-13 06:17 PM
As a business person; I don't agree with country limits. I understand why they are there but I don't think they should be.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?
In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.
Continuous recapture of unused visas is a good goal. It makes sense and isn't a controversial topic.
Regarding: Goals - very few people look out for the greater good of everyone. I myself think if I was looking out for the greater good of everyone; I wouldn't focus on EB relief but rather other areas of immigration (greencard holder spouse issue; dream act, undocumented, etc.). Don't jump on me for saying this but I had written in another posting that of all the people who are disadvantaged with immigration; it would appear that eb candidates are the least disadvantaged of all.
In my view, EB are more disadvantaged in current situation. For a young person with PD 2006 (EB3-India) having approved 140, cannot imagine to file a 485 before he retires. Is it practically possible for him/her to maintain employer-employee relationship till him/her able to file 485? Is it make any sense, condition of LC/140 will hold well after 20 years, when a visa number available to him/her?
In family based system, even after 20 years brother-sister or parent-child relationship will be maintained. No need for them to worry about 130 withdrawal of sponsor. In most family based immigration, chain migrants are coming to USA not for family-reunification; they are coming for work/job. There is no labor certification for them.
gc_in_30_yrs
10-03 11:42 AM
Hi All,
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
One company offered me pre-approved labour, with PD as Dec-2004. They are mentioning that I can file i140 immediately as soon as
my H1-B transffered to new company.
I have been hearing the news about LC substitution elimination from DOL.
Has they announced any dead line for filing the Labor Substitutions ? or expecting soon.
Has they announced any validity period on approved LCs to regularise this process?
If yes - How is it going to effect my case?
Is it better to take this LC( all the criteria required for sub is matched) or apply a new labour under PERM process.
Currently I am in my first H1-B and valid till Oct 2007.
Please need experts advice in this regard.
Thanks,
BNR.
there should not be any problem for you. but it is discouraged to go for labor substitution as it is literally jumping the line. there are so many people waiting for their LC and someone came in line just now taking pd from 2004 or before will definately pisses them off. otherwise, you should be okay to take that one.
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