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  • whoever
    02-23 08:27 AM
    what about EB3 numbers for India? thanks again what...





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  • Bpositive
    07-22 09:17 PM
    I am the primary application on my I-485 EB2. I have a valid AP. With the massive time it is taking to get the GC, I am considering working in India - with same employer; same salary. Can I do it and come back into the US while AP is valid?





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  • snathan
    01-24 02:33 PM
    Just because one guy is pointing out fraud in H1b he is not anti immigrant. Can you call entire congress is anti immigrant just for passing TARP restriction unanimously? But still we are optimistic of getting support from congress for EB reform. 99% of H1bs will not be impacted by this memo if that is implemented properly. For example even if USCIS does not approve h1b because he is having multiple layers of H1b still that position will be open and that can be filled by H1b person who is placed directly. The person who impacted by this memo will suffer a few weeks and he will find another job. Basically it will not impact H1b program or H1b persons. Even after the memo many H1bs were approved with third party consulting. Can you tell any denial based on the memo? But I am seeing many RFEs for H1b applications without client letter. That is normal and no one complaints about that

    Do you mind to tell us in which category you got your GC?





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  • Macaca
    01-28 09:11 AM
    This info is useful to novices for survival. Like many other postings, I had never heard about it.

    I feel the legislators are aware of these issues. These are the reasons our bill is having trouble. It is useful to be aware of them and see how we can counteract them in legislation.



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  • soljabhai
    12-14 04:39 PM
    Following text is from IV's about page

    America has had per-country ceilings since decades on family based and diversity-lottery based visas and it makes sense to have uniform distribution of visas to countries where the basis for immigration is family relationship and family reunification. However, in the employment based immigration system, the petitioner is the employer who wants the retain the employee and facilitate employee retention based on skills, knowledge, education and talent. Employability has nothing to do country of birth. We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth.

    In other words IV itself holds the position challenging the merit of "Nationality Origin" in "Employment Based Green Cards"





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  • g03
    01-14 10:00 AM
    I had a similar thought (about including EB3 too and going by priority date)
    and sent a letter to local congressman yesterday afternoon.
    He has not responded yet.
    My company agreed to port mine to EB2 but I'll support this provision having spent my time in EB3 category.



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  • chanduv23
    06-28 01:29 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





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  • vdlrao
    09-24 12:05 AM
    By Septemebre 2010, EB3-india wll be in the mid of 2002.



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  • HOPE_GC_SOON
    07-17 12:44 PM
    Hi Kshitijnt,

    If it doesnot mattter: May I know, what was the problem found in your labor.. Is it due to Acquisition, or because of your Educational/ occupational postiion.

    Can you share some info.. Just for awareness.

    Thanks,

    For short term yes. Long term No.

    If there is a surge of ROW applicants. India & China applicants are at severe disadvantage.





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  • whitecollarslave
    09-23 02:54 PM
    Yes, mine was approved a month back without any hassles and bought the home ....

    If you don't mind sharing who was the lender?



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  • sayantan76
    12-17 04:58 PM
    Is the new Obama Administration going to consider "Instant GC" if we buy a House ? I'm thinking about the huge inventory of vacant house and how many could be bought up by GC holders... Its probably a fraction - Isn't it ?
    At the risk of getting red dots - few critical roadblocks come to mind:

    1. The crisis right now is way beyond housing - its about basic issues like employment, consumption and credit (buying vacant houses does not raise employment) - fundamental issues would need to be addressed first before Govt can do something that even remotely looks and smells like (howsoever untrue it might be) giving preference to immigrants over Americans. Also what happens when renters enmasse vacate apartments and buy houses - it drives rental companies into bankruptcy - so catch 22 - no?

    2. Credit criteria have been made very stringent by banks and lending institutions - so a lot of people may not qualify.......many people are in risk of losing jobs - they may not want to convert their liquid savings into a 20% illiquid (houses dont sell overnight and you cannot convert your investment to cash easily) downpayment towards houses....so not sure how many will actually want to spend that money now.....what if you get ur GC by buying a house and subsequently lose job and cant find alternative job - house cant feed you and the family nor can it pay mortgages.....

    3. Any legislation that goes against principles of natural justice and creates an elite class based on financial criteria is difficult to pass through legislature.....





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  • GC_1000Watt
    09-25 05:47 PM
    Check out this link:
    USCIS: National Processing Volumes and Trends (http://dashboard.uscis.gov/index.cfm?formtype=9&office=4&charttype=2)

    This shows the I-485 national volume on july 2009.
    Seems like a long wait??

    PD : Dec 2007



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  • grupak
    02-15 03:41 PM
    Excellent point brother!

    Talking about diversity, those not familiar should take a look at an Indian currency note.

    Maybe someone can scan and post one, I don't have any Indian note with me. You will see around 20+ languages on it. You can tell its different languages because they use different script unlike say German and French (except for the accents/umlaut). Actually the number of languages are much more than shown on the notes. For whatever reason AFAIK only languages with distinct script are classified as languages in India, others are called dialects. These dialects are actually languages because they are not dialects of anything (For example in this definition, lot of European languages will be classified as a single language because they use Latin script).

    The point is unlike what outsider might think there is as much if not more cultural, ethnic, linguistic differences between a Gujarati and a Tamil Indian as between a German and a Portuguese European.

    So how much favor I will carry with a Malayali (no disrespect to anyone from Kerala) is debatable.





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  • Rb_newsletter
    01-21 06:15 PM
    I got the below email from multiple friends. I don't know what is the source, who wrote this analysis because there is no links. I did NOT mean to spread the fear. Just sharing the contents unaltered.

    ------------------------------------------------------------------------------------------
    However, this is how many could read RECENT (Jan 8, 2010) actions / announcement by USCIS towards Consulting companies, which engages or merely places their employees at the client sites for various projects.

    � No new H1B application will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � No new H1B extension/stamping will be approved, as per the new guidelines provided USCIS on Jan 08, 2010 memorandum � for 3rd Party Consulting company.
    � If an employee has H1B approved or extension approved, and if he/she comes back to US from a vacation or from an emergency, he/she would be deported back to his/her home country from the Port of Entry (PoE) � for 3rd Party Consulting company.


    Why?

    Because of 2 recent events:

    1) USCIS gave new memorandum (which is now guidelines for USCIS professionals working on the H1B petitions/extensions) on Jan 08th, 2010. (Attached the PDF file for the memorandum).
    2) Recently (Jan 2010) several H1B Employees were sent back (in some forum, its mentioned � all of them) to their home country from Newark, NJ and JFK, NY Port of Entry � these were the H1B employees, who went to spend Christmas/New Year vacation to their home countries.


    What does the memorandum mention, specifically, about 3rd Party Consulting companies?

    Link to the memorandum (PDF attached) � http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf


    Employer-Employee Relationship:

    As per the memorandum, some previous H1B Law defines, the definition of an �US Employer�. Somewhere in that definition (Page 2 of memo), it mentions the word �Employer-Employee relationship�. Till now, it seems that there was no clear guidance on what kind of relationship was considered having Employer-Employee relationship. So, it was being, probably, interpreted independently or ambiguously. Now, on Jan 8th, 2010, USCIS has published this memorandum for TRAINING USCIS OFFICIALS about understanding, Employer-Employee relationship. The memorandum seems to have been prepared with a clear understanding about it, along with the specific EXAMPLES.



    Memorandum has given few specific examples, which would QUALIFY for having Employer-Employee relationship, on Page 4-5 of the Memo � including the nature of the job/business. On Page 5-6, memorandum gives few specific examples, which would NOT QUALIFY for having Employer-Employee relationship. Third Party Placement / �Job-Shop� (better version of �Body-shop�, probably) is NOT QUALIFIED for meeting Employer-Employee Relationships � meaning, 3rd Party placement (which most of the small consulting companies do) doesn�t meet H1B requirement, as defined by the law � meaning for this job, the new H1B or Extension or Stamping petitions CANNOT be approved!! Period !!




    This is how memorandum has identified 3rd Party Placements and in Bold letters, why it disqualifies for the H1B petitions (comments are in Red):



    �The petitioner is a computer consulting company (which is what all small consulting do). The petitioner has contract with numerous outside companies in which it supplies these companies with employee to fulfill specific staffing needs. The specific positions are not outlined in the contract between the petitioner and the third-party company but are staffed on an as-needed basis (this is nothing but, Service Agreement between the petitioner and the mid-vendor!). The beneficiary is a computer analyst (which is what many small consulting company�s employee are). The beneficiary has been assigned to work for the third-party company to fill a core position to maintain the third-party company�s payroll (this nothing but, Mid-Vendor�s or so-called Prime-Vendor�s or Consulting Partner�s Revenue). Once placed at the client company, the beneficiary reports to a manager who works for the third-party company (as it happens, when Consulting partner hires employee as a contractor). The beneficiary does not report to the petitioner for work assignments, and all work assignments are determined by the third-party company (petitioner just runs pay-rolls!). The petitioner does not control how the beneficiary will complete daily tasks, and no propriety information of the petitioner is used by the beneficiary to complete any work assignments (petitioner just runs pay-rolls!). The beneficiary�s end-product, the payroll (payroll of mid-vendor/prime vendor/consulting partner), is not in any way related to the petitioner�s line of business, which is computer consulting. The beneficiary�s progress reviews are completed by the client company, not the petitioner (petitioner just runs pay-rolls!). [Petitioner Has No Right to Control; No Exercise of Control].�



    Right to Control:

    Supreme Court has stated the definition of Employer-Employee Relationship (Page 3 of Memo), and there it was mentioned to have �Right to Control� over the work of the employee by the employer. From the entire memo, it sounds that Right control is well-established, ONLY WHEN, at least one supervisor from the petitioner�s company works with the beneficiary at the end-client site, and supervises beneficiary�s day-to-day work. So, big Consulting companies such as Wipro, Infosys, Accenture, Deloitte etc. will be good, as they would meet �Right to Control� and that way, they will satisfy H1B requirement by law, and their petitions for similar 3rd party consulting work, will be APPROVED, but not in case of, small consulting companies!! This is because, big consulting companies such as Accenture � have their entire or partial team � along with managers etc. � working at the same client site, where the beneficiary would be working, so they could supervise their work and so exercise control over their work etc., but that cannot be the case with the small consulting � because, their actual business has been, so far, to place employees and run pay-roll � not to get the client projects!




    Why one could think that there are slim chances for this memorandum to get reversed in favor of small consulting companies?

    This memorandum took care of big consulting companies such as Wipro, Infosys, Cognizant, Accenture etc. � meaning, these companies and their employees are NOT impacted. They can travel freely to-and-fro their home country etc. Since, big companies are not impacted, there will not be any big lobbying or oppositions to this memorandum, per say!! There don�t seem to be a platform for small consulting companies to gather and lobby, plus most the small consulting may not get involved, with fear of exposing themselves more to other issues!! So, it might be east to assume that this memorandum is permanent and not temporary. The recent deportation also indicates that the changes like this memorandum is for serious, not just the warning!



    How this memorandum relates to the recent deportation events from NY and NJ airports?



    There seems to be an anticipated link between these 2 events � Memorandum and recent Deportations � kind of an indication about the current level of government scrutiny and seriousness of the H1B program. Hence, there have been advices by others that � each employer and employee should operate by strictly following the H1B program requirements.



    Link to Murthy.com front page posting about this � MurthyDotCom : NewsFlash! Note to H1Bs Traveling to U.S., Working for Consulting Companies (http://www.murthy.com/nflash/nf_h1conc.html)



    What one could predict as happening sooner (trend)?

    � Since, it seems big consulting companies (having their own consulting projects)/full-time end-clients and their beneficiaries are not impacted with these changes � there could be trend � employee moving from small companies to big companies for a better shelter for full-time positions � especially, when small consulting company�s immediate preventions / actions to this memo cannot ensure safety.
    � Big consulting companies could buy small consulting companies or small consulting companies could sell their companies to big consulting companies (having their own consulting projects), to save their employee�s future/transition etc.


    Good Luck my Friends....!!



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  • Jerrome
    09-24 09:53 AM
    I think your analysis considers EB1(ROW)+EB2(ROW) spill over to EB3(ROW) that is not true,

    EB1 Overflow ---> EB2
    EB2 Overflow ---> EB2(I)+EB China

    That means as per your calculation, it would be 19,282 considering 0 EB1 and EB2 filled in 2010.

    As i said in my previous posts EB2 would be May 2006 by end of this year for sure.
    Best case scenario considering more than 30K spill over it would be end of 2006.

    You are also calculating spillover as of today with the pending cases, but the spill over happens only in Last quarter of 2010. There would be some if not more EB1+EB2 ROW applicants.

    Based on following link:

    http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf

    28.6%/5 = 5.72% for EB3-India + Spillover from EB2 and EB1, not more than 10,000 of which to "Other Workers".
    28.6%/5 = 5.72% for EB2-India + spillover from EB1
    28.6%/5 = 5.72% for EB1-India + spillover from EB4 and EB5


    Each category is 28.6% WW Quota.

    WW Quota consists of 5 country specific sub-quotas 1)India 2)China 3) Mexico 4) Philipines 5)ROW.

    Based on page 1, I do math as under for Philippines categories.
    -------------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 70 Quota to be spilled over to EB1= 1890
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1890 + EB5 spillover 1960 = 11858 - pending 74 = Total
    11784 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11784 =19792, Pending: 510, So total 19282 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19282 spill over =27290 - 11563 Pending = 15727 VISA extra.
    6) “Other Workers” – Pending: 264 TOTAL UNUSED VISAS = 15727-264 = 15463 UNUSED VISAS will go to the quota
    of other countries.


    Based on page 3, I do math as under for ROW categories.
    ------------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 1378 Quota to be spilled over to EB1= 582
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 40 Quota to be spilled over to EB1 = 1920
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 582 + EB5 spillover 1920 = 10510 - pending 2477 = Total
    8033 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 8033 =16031, Pending: 7150, So total 8881 VISA numbers will be spilled
    over to EB3.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 8881 spill over =16889. Pending: 62840 -16889 = 45951 applications will
    still be pending and pushed to year 2011.

    Based on page 4, I do math as under for China categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 384 Quota to be spilled over to EB1 = 1576
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1576 + EB5 spillover 1947 = 11531 - pending 607 =
    Total 10924 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 10924 =18932, Pending: 19333, So total 401 applications will be pushed to
    year 2011 with pending approval.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + no spillover = 8008 – 6343 Pending = 1665 visas Extra.
    6) “Other Workers” – Pending: 30 TOTAL UNUSED VISAS = 1665-30 = 1635 UNUSED VISAS will go to the quota
    of other countries.

    Based on page 5, I do math as under for India categories.
    -----------------------------------------------------------------------------

    1) Quota for EB4 -->7% x 140000/5=1960, Pending: 123 Quota to be spilled over to EB1= 1960-123 = 1837
    2) Quota for EB5 --> 7% x 140000 / 5 = 1960, Pending: 13 Quota to be spilled over to EB1 = 1960-13 = 1947
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1837 + EB5 spillover 1947 = 11792 - pending 418 = Total
    11374 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11374 =19382, Pending: 47728, So total 28346 applications will still be
    pending for year 2011.
    5) Quota for EB3 --> 5.72% x 140000 = 8008, no spill over. Pending: 62607 -8008 = 54599 applications will still be pending
    and pushed to year 2011.

    Based on page 6, I do math as under for Mexico categories.
    -----------------------------------------------------------------------------------

    1) Quota For EB4 --> 7% x 140000 / 5 = 1960, Pending: 62 Quota to be spilled over to EB1 = 1960-62=1898
    2) Quota For EB5 --> 7% x 140000 / 5 = 1960, Pending: 0 Quota to be spilled over to EB1 = 1960
    3) Quota for EB1 --> 5.72% x 140000 = 8008 + EB4 spillover 1898 + EB5 spillover 1960 = 11866 - pending 174 =
    Total 11692 will go to EB2
    4) Quota for EB2 --> 5.72% x 140000 = 8008 + 11692 =19700, Pending: 211, So total 19489 applications will spill over to
    EB3 category.
    5) Quota for EB3 --> 5.72% x 140000 = 8008 + 19489 spillover = 27497 – 7878 Pending = 19619 visas Extra.
    6) “Other Workers” – Pending: 8415 TOTAL UNUSED VISAS = 19619-8415 = 11204 UNUSED VISAS will go to the quota
    of other countries.


    TOTAL UNUSED VISAS = 15463 + 1635 + 11204 = 28302.

    Assuming these unused visas from Philippines, China and Mexico will be used for India, ROW equally India will benefit additional 14151 VISAS this year. Assuming all of these go to EB2 India Pushed down figure for EB2-India for the year 2011 will be 28346 – 14151 = 14195 pending EB2-I applications ready to go to year 2011.





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  • sri1309
    09-23 07:23 AM
    I would still puruse removing quotas unconditionally. Not everyone will want to buy a house here. We can always propose buying houses will help fix housing crisis, but that shouldnt be a must.
    Instead, I would suggest pay $5K or $10K to expedite it. I am sure many people want to take this. If we are talking about 500,000 people, then with a $5K premium processing, it will generate $2,500,000,000. Is that 2.5 billion.. Not bad. This step wioll not hurt many.

    Sri.



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  • ragz4u
    02-06 02:25 PM
    http://www.murthy.com/news/n_endsub.html





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  • swo
    07-13 11:46 AM
    My friend bought a house at the Elginton and Avenue in Toronto for $350K in 1998. The house is now worth $950K.

    My sister bought a house in Markham in 2005 for $265K and it is now worth $325K. That's almost 20% in 3 years.

    This must be the stagnant Canadian real estate market you are talking about.

    The recent growth in the US real estate market is the highest escalation in US history. It is well recognized as a function of the earlier tech bubble and loan availability. Some people are also now expecting severe consequences econonically because of it. Housing is almost certainly likely to return to normal growth patterns moving forward.

    By the way, todays headling on the money.cnn.com homepage is "Housing slump gets longer, and longer ..."

    I'm done debating with someone that comes up with "symbolic examples", is unable to present a single coherent argument, unable to cite statistics, unable to even say they've lived in Canada.

    Good Bless America. And Canada. And Australia. And India while we're at it!

    That was a symbolic example. I meant to say that in Canada Housing is just meant housing not the investment. Here in capitalist market housing is never been a housing alone , prime motto to have housing is investment. If we might be debating this 3 years back on this forum ( In booming Real Estate market, yep, US GC Process was sucker then too :) ) you would not have anything against US real estate market to argue about. And that's the point. Housing market here too has cycles and if you wait out patiently you would have appreciation in a scale that normal Canadian may have to dream about.
    And that is the point. If lending industry seems to be loosely controlled to you in the USA then yes there are ways to deal with it. You have to learn them. In Canada, in your terms, so called "Good loans" has kept Canadian economy "Welfare economy" only. To progress dynamically any country should have economy to be able to have kicks in, and USA market has that capacity. Today you are ranting about bad housing in USA... agreed, but seeing your signature, it seems that you never want to leave USA and with your claim "to love USA", I believe you will still be around here for years debating with me.. (wait, let me go grab a cup of cofee.:) .. I also need "Dynamic Kick" to debate with you) , I will be able to show you how much appreciation average american can have on average home. Did not you hear NPR yesterday? Housing market is coming back. Now housing is always the prime factor in any economy and so I choose that example. More or less it is true for every industry except oil in Canada. And mind that this forum is not to prove where the housing is better and so I do not want to go into minute statistical detail but most people in Canada and USA except yourself would agree with me.





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  • rajsenthil
    09-04 11:52 AM
    -TrueFactsis an IV insider. Otherwise how he know the real name of the person.

    Now this is turning out interesting. I checked "vadicherla" profile and could not see his full name "Jayapaul Reddy Vadicherla".

    So it proves that "-TrueFacts" is an insider. A very cunning insider indeed.
    Shame on you _TrueFacts.

    IV and other insider, can you reveal the true identity of this insider?





    NolaIndian32
    02-13 11:09 AM
    What is ROW and POW, please? I have seen both used in several posts (I am hoping POW is not Prisoner of War:)) Still learning the immigration lingo!





    vrbest
    07-31 03:40 PM
    Thank you samay for taking time to answer my question.
    My PD is Apr 06 EB3-India. I filed 485 on Jul 23, 2007.
    Can I continue working for Company B until GC is received? or should I join company C before that?

    Whats your EB3 PD. You can join company C anytime assuming that it has been more than six months since you filed your I-485. Company C can start the EB2 process should you choose to. However bear in mind that this process will also take some time.

    Originally Posted by vrbest View Post
    Hi,
    I am on H1B (7th year and got extended for 3 yrs) and applied 485, received EAD from company A (140 approved).

    I am asked to join Client by Company A due to some benefits both of us would receive. But Client wont support H1 so I need to use EAD.

    Since EB3 is in very bad situation, Can I file new Perm, 140 and port my PD for EB2 using Company C for future position? I have position, salary and exp required for EB2. When should I join Company C if I choose this route?

    Thanks in advance!



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