bsbawa10
12-28 06:07 PM
Can some attorney help us ? This seems to be a very valid speculation. Indeed I always thought that there is something wrong going on behind the scenes. How can the PD move 7 days in 9 months ? If it moves at this pace only, my turn to file 485 will come in 47 years. ( I will be 87 years old).
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enthu999
08-25 11:56 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
gc_chahiye
01-27 01:57 PM
JUST CURIOUS, DO ALL THINK I CAN EXTRACT MY PAID 7K BACK FROM THIS EMPLOYER WHO CHEATED ME OR YOU THINK ITS WORTH LET IT GO???
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
You never know! All the gray areas of payment, unenforceable contracts are a game of poker, he bluffed and you blinked. See if the reverse can happen now. Send him a mail or call him up and see his reaction. Say that you spoke to a lawyer and the recommended path is to begin with small-claims court and if that does not work out you will be filing a lawsuit. if he offers you anything back to avoid these hassles (say 3.5k) then go for it (& take your family out to hawaii this summer)
p.s: just as mbartosik said, you need documents to prove everything, hope you have all those, without that nothing will stand up in court (though you might scare him enough to actually pay you)
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gimme_GC2006
08-21 11:14 AM
Let me gather all the info first and I can disclose everything here. Meanwhile please come up with any other suggestions if any.
Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.
I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?
Also, please post attorney's details also whenever you think its time to disclose
:cool:
Are you planning to take action against attorney as well?
Even though it may not be illegal for him to not to respond to you, but it clearly proves that attorney is aware, that your life is being screwed by not filing 485.
I am sure there exists some ethical responsbilities for them too, Did you check with the Bar association helpdesk (or anyone there) where your attorney is registered?
Also, please post attorney's details also whenever you think its time to disclose
:cool:
more...
Pineapple
07-07 06:20 PM
Just saw it. Very good. Covered the basic issue very well.
GCNaseeb
11-06 07:52 PM
Though I have signed G28, I have received both AP and EAD. Attorney did not even know that I received my AP and EAD.
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
I think EADs are sent to the applicant and AP to the attorney...had the same in my case...plus seen lots of folks here say the same thing...
more...
H1bslave
11-19 03:35 PM
Its okay, some folks do not see in-direct benefit to them, but once they see the value they will stop complaining. We shouldn't just stop due to opposition. I agree this doesn't provide direct benefit to all and it is expected that people will oppose. It is the nature of human being, I bet if you start a debate over EB-2 & Eb-3, lot of people from EB-3 will complain and who are from EB-2 will be all over to save their spot in queue, and those who have jumped from Eb-3 to Eb-2 will just be silent watchers. I don’t blame them either, this is the irony of being EB I/C, which builds so much frustration. But given the current situation, we have not been able to get anything accomplished in last year or so, and no big CIR in near future, we should start looking for ways to get small fixes, could be recapture, five year EAD-AP, discounting dependents, etc. There are so many avenues we could explore, don’t know which one may work, but if it works if benefits everybody in one way or other.
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
my 2�
Every time US STEM is mentioned, some losers shout it down. Not that it matters, but just shows the amount of support this idea has among desis.
The general idea in a desi mind is "why should this other guy get his GC first".
Good idea, but will not work since people cannot think outside the box. Most people think that if I cannot get a GC why should the guy in the next cubicle (who has a US Master's) get it. They don't realize that by taking the US Masters out of the regular queue, they would probably get their GCs faster :)
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lca2004
04-02 05:10 PM
sent both
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pappu
08-31 09:50 PM
How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!
Anyways lets keep trying...
Thanks for your initiatives
Anyways lets keep trying...
Thanks for your initiatives
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mallu
02-20 04:46 PM
Can anybody estimate out of the 47000 identified cases that is affected by Name Check...
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
.
How many are real old PD's like
Prior to 2003
Between 2003 and 2005
Between 2005 and 2007
India / China / Mexico / ROW
.
more...
Michael chertoff
12-29 06:25 PM
My situation,
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
I am a july 2 filer, planning to use EAD to work in diifferent company in same profession(NOT invoking AC21). On I-485 approval want to come back to the original employer who filed I-485. my company is supporting and willing to support for any RFEs.
Please tell me if it is going to work and what are the risks involved.
Thanks in advance
MC
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user2005
06-26 01:19 PM
Hello All,
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
Congratulations.
What is your I485 receipt date?
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
Congratulations.
What is your I485 receipt date?
more...
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vban2007
08-19 02:00 PM
I can not certify the form. Even if I certify it comes back with error and tells me to enter middle initial. Tried couple of times, but without any success.
Dos anyone has any idea?
Thanks.
Do we need to select this last option?:
I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.
Dos anyone has any idea?
Thanks.
Do we need to select this last option?:
I declare that I prepared this petition at the request of the above person and it is based on all information of which I have knowledge.
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abhidos37
08-22 12:48 PM
best of luck to you too
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shreekhand
04-22 08:34 PM
Totally agree that an average cop would have no idea about approved H1-B petition, AOS etc. and would be a big training issue.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
But... your experience with the consular officer., not quite surprised. Being a Dept of State employee, she has no reason to know nor has mandate on immigration enforcement laws or their intricacies. That is the arena of the DHS. Somehow, for us DHS/DOS is all one.
You say all these because you understand. Most of these police officers out there (and even Immigration Enforcement officers) dont understand the laws they are enforcing. I once asked an american embassy consular officer during an H1B renewal interview how long I had to stay in the US if I get laid off from my job. She smiled and said she doesnt know. Ironic right? That is US Immigration laws for you. So complex yet so unreasonable.
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eilsoe
02-05 06:05 AM
*just 11 more votes, just 11 more votes!!*
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rsdang1
11-03 06:30 PM
I GUESS a slight movement forward - say 3 months.... :D
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snathan
06-18 12:40 PM
Guys...thanks for the support. But we need to find out and bring people who are suffered due to this. Once we get enough stories, I can create a draft. Along with these stories we can send the letter and start the campaign. So please spread this to everyone you know.
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admin
02-28 09:06 PM
Great Work Pasupuleti in getting the appoinment. As discussed on http://immigrationvoice.org/forum/showthread.php?t=260 we met with the Congresswoman Zoe Lofgren's Senior Counsel Ur Jaddou at the Washington DC office. It will be great to keep reinforcing our message to them.
plassey
08-20 08:01 PM
Bottom line is that u got screwed. Labor is for a position with your employer. He may choose to give to anyone he wishes. Labor substitution thus was not illegal act on his part as it was permitted by the law.
I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
gc_on_demand
06-10 03:18 PM
Was USCIS following prediction of OMBUDSMAN ???? or OMBUDSMAN WAS PREDICTING TRUE....
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
This was dated in May 2007. before july fiasco.
"This loss of visas is due to: (1) gaps in USCIS� accounting of cases; (2) USCIS not processing enough pending applications in a timely manner; and (3) the imprecise art of predicting workflows and demand surges at three federal agencies: Department of Labor (DOL) (approves labor certifications); USCIS (processes immigration petitions after completion of labor certifications and processes green card applications for applicants in the United States); and DOS (establishes priority dates and processes immigrant visas from applicants outside the United States). There will be severe consequences from rapid fluctuations in priority dates. If the priority date became current today, due to delayed USCIS processing and thus underutilization of visa numbers, some have predicted that within a few months as many as 500,000 to 750,000 individuals now residing in the United States under a temporary worker visa could apply for a green card. Additionally, DOL�s recent backlog elimination efforts, scheduled to be completed by September 30, 2007, are predicted to add 70,000 or more approved labor certifications yielding as many as 170,000 additional green card applications. As USCIS begins to complete these applications and request visa numbers from DOS, the 140,000 statutorily authorized visa numbers will be used. DOS then will be required to retrogress priority dates. Consequently, most applicants in this scenario will find themselves trapped whereas they anticipated timely receipt of a green card, their wait exceeds seven or more years. In addition, all future employment-based green card applicants effectively would be barred from applying for many years.38"
http://www.dhs.gov/xlibrary/assets/cisomb_annualrpt07__June_11_2007_section3e_untimel yprocessing.pdf
PAGE 2-3
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