rsk73
08-18 05:17 PM
Hi All,
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
I am on H1B from 1998, 12th year and counting.
I applied for my labour 2 times but unfortunately because of different reasons those labor processings could not continue. 3rd time I could use a substitute labor (priority date Oct 2003) which is an EB3 labor certificate in 2005. I applied for I-140 and got approved in 2005.
I applied for I-485 in July 2007 when USCIS opened the gates. My 485 is pending. I got EAD. I am still continuing my H1B status with my new employer.
I am not working for the company that processed my GC. Recently I got an RFE like everyone else about my current employment and responded with the support of my current employer.
I think that the dates for EB3 will not move any further in any near future.
My question is, can I in any way convert my case from EB3 to EB2. If yes, what would be the process.
Please advice.
Thanks in Advance.
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gcdreamer05
08-05 01:34 PM
Google for something called "Follow to Join", if you were single then why did you apply for 485? Atleast you could have withdrawn teh application if you had applied by mistake....
But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.
But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.
Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.
Dontworry my friend speak to a good attorney they may advice what to do.
But for follow to join i think there is a clause that the person should be married before 485 gets approved, meaning the primary applicant did not add spouse to 485 and his 485 gets approved or the wife does not have 485 approval then they can use follow to join.
But do speak to an attorney if follow to join can be applicable in your case (i remember reading some 60 day limit or so) but please confirm and act accordingly.
Otherwise only other option you have is to get married and bring your spouse on any other visa like h1b or so.
Dontworry my friend speak to a good attorney they may advice what to do.
Valle
10-26 04:36 PM
:)
Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.
Thanks so much for your advice. Good luck to everyone in this same boat!
Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.
Thanks so much for your advice. Good luck to everyone in this same boat!
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rajarao
11-15 08:03 PM
I am in Buffalo Grove, IL.
Are we creating a mailing list so that everyone knows where we are?..
Are we creating a mailing list so that everyone knows where we are?..
more...
georchen
09-13 01:20 PM
I received receipt nos. from CSC. Later i received EAD also. Today i received mail from USCIS stating that my case is transferred to Nebraska. :(
Does anyone know that what is the processing speed on getting mail receipt from CSC? my checks were just got encashed last night 9/12/2207.
Does anyone know that what is the processing speed on getting mail receipt from CSC? my checks were just got encashed last night 9/12/2207.
GC_Optimist
12-03 11:30 AM
I said I will get stamping done before I return from India for the first time. That way the action of getting I-94 at POE upto Feb28,2007 by official does not arise.
I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)
O.K I think that is the best option. I was responding to a out of status
situation within U.S because of expired I-94.
I just want to tell the community that such issues due to "Last Action" can arise and we need to be aware of them. ;)
O.K I think that is the best option. I was responding to a out of status
situation within U.S because of expired I-94.
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felix31
04-09 04:18 PM
First of all, ethnicity has nothing to do with hard cap.
Today, the soft cap exists, and the numbers are retrogressed only for India and China. REST of the world is current. Hard cap would make things worse for only those countries that have higher demand and WASTE the visa numbers.
Logic,
please be more accurate. Rest of the world in EB1 and 2 are the only categories that are current ..
Rest of the world EB3 folks are heavily retrogressed to 2001 as everyone else..
Today, the soft cap exists, and the numbers are retrogressed only for India and China. REST of the world is current. Hard cap would make things worse for only those countries that have higher demand and WASTE the visa numbers.
Logic,
please be more accurate. Rest of the world in EB1 and 2 are the only categories that are current ..
Rest of the world EB3 folks are heavily retrogressed to 2001 as everyone else..
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alex99
10-19 08:15 AM
YADABABA,
Perm prior means---Is it all the labor applications filed before PERM introduced?
Perm prior means---Is it all the labor applications filed before PERM introduced?
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gc_in_30_yrs
02-13 04:47 PM
Thank you very much for posting this information. I am going to send this letter by hand written in next two days.
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bobzibub
05-30 03:42 PM
It's hard to believe that US economy will go down if they make some tough rules around H1 B visas or worse cancel H1 B program. I means, we can argue that it might create shortage for skilled works but if US really need some skilled workers, they can get it any time ( Like straight green cards for nurses etc). it�s few trillion dollars economy which won�t go down just because of H1-B visas holders.
It is not that hard to imagine at all.
500K h1b holders having $60K jobs (on average) means $30 billion to the US economy. That is only .002% of US GDP but that is still a *lot* of money.
Remember the Swift meat packing plant raids. They cost Swift $45-50M they claim. That is greater than the wages of the workers rounded up. Probably around double. If IBM started feeling that hurt, they'd be summoning their representatives to their offices.
It is not that hard to imagine at all.
500K h1b holders having $60K jobs (on average) means $30 billion to the US economy. That is only .002% of US GDP but that is still a *lot* of money.
Remember the Swift meat packing plant raids. They cost Swift $45-50M they claim. That is greater than the wages of the workers rounded up. Probably around double. If IBM started feeling that hurt, they'd be summoning their representatives to their offices.
more...
ski_dude12
12-10 08:12 AM
BharatPremi
What takes priority in life? Time with family or getting stuck in the GC mill.
I find it disheartening that a senior member like you would advice someone on foregoing their pleasure trip and donating to IV. Would you be willing to cancel all your pleasure trips/family outings to donate money to IV? If you do, i feel sorry for your family.
Please donate that extra money meant for leisure to IV instead going to Bahama this year.
What takes priority in life? Time with family or getting stuck in the GC mill.
I find it disheartening that a senior member like you would advice someone on foregoing their pleasure trip and donating to IV. Would you be willing to cancel all your pleasure trips/family outings to donate money to IV? If you do, i feel sorry for your family.
Please donate that extra money meant for leisure to IV instead going to Bahama this year.
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optimystic
02-16 02:44 AM
which category do u belong to EB1/2/3, which country, what ur PD.
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
As another member already indicated , I already mentioned my PD, country and EB category in my post.
Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)
based on that i can tell u whether u should keep ur username as optimystic or change it to "pessimystic"
As another member already indicated , I already mentioned my PD, country and EB category in my post.
Anyway, I had already waited 7 years in the GC process before recently coming across this forum and choosing this handle name when joining. Guess you could say that I was prepared to dig in and stay for the long haul if required which is why I chose that handle name. A few ups and downs/ forwards & backwards (even if in years !) in the priority dates won't deter me much now :).
Although, I could just be drunk with euphoria of my PD becoming current in March and blabbering away pompously. So don't you steal that login (pessimystic) away from me ! I reserve the right to choose it if and when I feel so :)
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rockstart
05-06 09:46 AM
I showed my IT returns for past 3 years along with lease agreement and Drivers License and was approved for instate tuition. In case any one wants to do the same PM me with questions
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masaternyc
01-23 10:59 PM
Do u all work in software only???
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acs_78
05-28 09:42 AM
I paper filed EAD to Phoenix lock box on May 14th. Checks got cashed only yesterday. Looks like it takes at least 2 weeks.
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camarasa
07-15 12:14 PM
What a crack-head - I didn't know H1Bs were 5-year visas - I guess I've overstayed my welcome...
And to say that everyone stays here is ludicrous - Half the people that started with me on my project have gone back to India for better positions with better pay and the rest have gone on to green cards and some even citizenship. He thinks that everyone stays here after 5 years (???) and then works illegally - like that's possible - idiot!
He thinks a company hiring skilled workers like computer analysts is going to let you stay on past 6 years if you haven’t filed for your green card and jeopardize their reputation and legal standings? They would just hire new H1B workers and kick you to the curb – at which point you would have to work under the table flipping burgers – but I guess the ignorant freak thinks that’s better than going back home and getting a project managerial position, because all other Countries are third world and live in mud huts?
And to say that everyone stays here is ludicrous - Half the people that started with me on my project have gone back to India for better positions with better pay and the rest have gone on to green cards and some even citizenship. He thinks that everyone stays here after 5 years (???) and then works illegally - like that's possible - idiot!
He thinks a company hiring skilled workers like computer analysts is going to let you stay on past 6 years if you haven’t filed for your green card and jeopardize their reputation and legal standings? They would just hire new H1B workers and kick you to the curb – at which point you would have to work under the table flipping burgers – but I guess the ignorant freak thinks that’s better than going back home and getting a project managerial position, because all other Countries are third world and live in mud huts?
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mrsr
03-06 08:00 PM
hey pd-capturing,
when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them
when you go to Info pass office can you also please find out that Interlinking happens auto matically or do we need to send some paperwork to them
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nowhereman
02-01 09:07 AM
I started the US immigration in 2006, PD-September 2006, by CP, EB3ROW. DS230 renewed 3 times since then... a couple of months ago I applied to Canadian PR, now I am waiting for my interview date. So I have two processes parallel - US GC & Canadian PR. My question is : How these two immigrations can jeopardise each other? :confused:
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
chisinau, in my personal experience, applying to US GC is not viewed favourably by Canadian authorities. When we tried to land in Canada, the immigration officer specifically asked us if we had applied for US GC. Also, be sure that you do not insinuate to the Canadian authorities that your first choice is to stay in the US, but make all efforts to show that you will be moving to Canada permanently as soon as your PR is granted. The Canadians do not like granting PR to people who are going to use it as a backup for their GC process.
Logicaly I will attend the Canadian interview first, will they ask me about US immigration? should I tell the truth? Will they deny the PR because of the GC process?
Presume that I have successfuly done with canadians and have landed in Canada with my PR in 8-10 months from now, and suddenly, I,ve got an invitation to the GC interview... :eek: Does the fact that I have a Can. PR will kill my future GC and at the interview the will deny and cancell my case? :confused: Or The interview will be successful and I will have my GC, but somewere in the future there is a point where I should refuse one - GC or PR? :confused:
I should mention that the GC is the choise No1 , and PR is a plan "B"...
I believe that my situation is not unique, but now I am out side the US and in my country it is difficult to find a competent lawer. So I hope that somebody from this forum could answer my questions.
Appreciate all useful answers and ancillary information. :):)
chisinau, in my personal experience, applying to US GC is not viewed favourably by Canadian authorities. When we tried to land in Canada, the immigration officer specifically asked us if we had applied for US GC. Also, be sure that you do not insinuate to the Canadian authorities that your first choice is to stay in the US, but make all efforts to show that you will be moving to Canada permanently as soon as your PR is granted. The Canadians do not like granting PR to people who are going to use it as a backup for their GC process.
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gcsucks
05-03 11:14 AM
Ok I see most of you against the idea. So we should drop it. I appreciate all your inputs..
bijualex29
09-13 02:41 PM
EAD comes to home address or Lawyers office?
techskill
02-11 10:50 AM
G-joe are you kidding--this looks like a vision to be accomplished in 5 years.
I guess it will not move even a day because they are processing citizenship applications. Please read the yahoo link above in which it is clearly mentioned that they have pulled the permanent residence resourses to process the citoizenship cased.
I guess it will not move even a day because they are processing citizenship applications. Please read the yahoo link above in which it is clearly mentioned that they have pulled the permanent residence resourses to process the citoizenship cased.