a_to_z_gc
02-19 12:15 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
Yes it really IS impossible to determine which will move quicker.
and Also true that EB2 is NOT DETERMINED by EMPLOYEE's skill set.
EB2 is Determined by the nature of the job and if a master's IS TRULY required. If not your application will face an audit and you will have to re-apply under Eb3 all over again (meaning re-run the ads etc and wait for that extra month). Also Eb2 PERM Approvals on average take MUCH longer than eb3 even without any audit.
bandhu
02-04 08:07 PM
i was totaly upse about this post, here is my correct entry
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
BTW: What good are YOU doing to this country?
definitely your entry should be denied, you are not capable to solve your domestic problem, how come you are going to do good to this country by getting GC. (I agree these people are not good as you, but before they start domestic violence there are on citizen/GC (either one of them),
I did not know moral contractors like u r here otherwise wud hv contacted u before USCIS.
BTW: What good are YOU doing to this country?
txh1b
09-14 12:16 PM
Case 2:
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
I don't think you even qualify for applying under the case 2 as the labor has aged out. Your I140 has to be applied within 6 months of labor approval.
But as your labor was approved before this came into effect, the last date for applying is Jan 2008. You are fine there.
1. As you say it is a complicated case, Discuss if the ability to pay issues which resulted in 2 denials is worth an MTR.
2. EAD/AP based on filing of case 2 is invalid.
3. Depends on what you are working on? H1b? EAD?
mirchiseth
10-07 11:47 PM
May be I am reading it incorrectly. But this news (http://www.livemint.com/2008/10/08001058/Govt-mandates-EPF-for-foreign.html?h=A1) concerns me
New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.
Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.
What are your interpretations?
New Delhi: The labour ministry has made it mandatory for international workers � both Indians working outside the country and non-Indian citizens working here � to contribute 12% of their salary (matched by an equal amount from the employer) to the Employees� Provident Fund Organisation (EPFO), irrespective of the contributions they may be making to such schemes in other countries.
Does this mean that now if I am working for a US based company, they would have to contribute to Indian EPF on my behalf. That would put a lot of burden on them and essentially give them a dis-incentive to not hire Indian workers.
What are your interpretations?
more...
xyzgc
01-01 01:37 PM
Dear fellow IV'ians,
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.
I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!
It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.
I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Happy to note that your trial and tribulations have come to an end. I had very similar issues back in 2001-2
I just wanted to share my good news with all of you on the cusp of a New Year. I am ecstatic to announce that my 140 got approved after a nerve wracking 17 months.
I have been rewarded with this blessing at the end of an absolutely horrendous year, to say the least. It started with being on bench for 5 months, to a 2-month contract in another city on H1-B through 3 layers, working hard as a mule whilst at the same time thinking positive, praying and believing in myself. Then extending contract by 3 months, abandoning H1B to use EAD due to ridiculous treatment by my H1 employer of 8 yrs. (it was the proverbial last straw on the back). Finally after this effort, contract extended through 12/31/09 culminating just yesterday by the approval of my 140!! "Hoped for the Best but prepared for the Worst"!
It came at a moment when I was almost ready to give in, throw up my hands in despair and start the tedious process all over again. But I always believed there was a silver lining in the clouds for me and it has just now opened up.
I want to thank everybody for reading and providing a fellow immigrant support and answers throughout this arduous journey. As a token of my appreciation for IV, I will contribute $140 towards our campaigns for next year.
{PayPal Payment Sent to "donations@immigrationvoice.org" (Unique Transaction ID #85N48789NY4311439)}
And lastly - Wish You a Happy & Prosperous 2009!! Be safe everybody.
Happy to note that your trial and tribulations have come to an end. I had very similar issues back in 2001-2
Roger Binny
05-27 10:44 PM
Got the RFE document.
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Which center your 485 is in ?
Attorney forgot to mention "NONE" in Part3 - Sction C of my 485 application.
Which center your 485 is in ?
more...
indyanguy
09-18 08:33 PM
july 2nd filer. transfer notice receipt date is aug 30th. This is confusing! Can someone please clarify:mad:
MeraNaamJoker
08-13 03:04 PM
This seems to be a unique situation.
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
If the company does not object to your approval then you should be fine.
Please try to contact them or thier lawyer. (hopefully the lawyer is still in business :-) )
more...
indianabacklog
07-25 11:24 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Posted this in another thread earlier, these are the instructions I followed from my employer.
DOCUMENTATION FOR APPLICATION
BASED ON EMPLOYMENT
The primary applicant and all dependents must each file the following documents. All checks/money orders should be made payable to the �Department of Homeland Security� and stapled to the top left-hand corner of the Form I-485 (Application for Permanent Residence). Place documentation for each application in the order listed below.
1. Form I-485 (Application for Permanent Residence) and fee. Fee is $325 for each person aged 14 and over, $225 for each person under the age of 14. Check box (a) in Part 2 of the form. Form
I-485 Supplement A is not required unless you are illegally in the US.
2. Fingerprint fee ($70) for each applicant aged 14 to 79. USCIS will send notification of time and place for later fingerprinting. Fee may either be included with the check/money order for the Form I-485 or written as a separate check/money order.
3. Two color passport pictures (click here). Staple an envelope with photos to the lower left corner of the Form I-485.
4. Form G-325A (Biographic Information).
5. Sealed I-693 (Report of Medical Examination) and Supplement to I-693 completed by a certified USCIS Civil Surgeon. Children under 14 years of age do not need the x-ray or blood serology.
6. Evidence of valid nonimmigrant status. Prepare an outline or �history� of all prior periods of stay and visa status in the U.S. Include copies of related documents
(I-20s, IAP-66/DS2019s, I-797s) and 2 year home residency waiver letter, if applicable.
7. Photocopies of I-94 (both sides), passport identification, passport validity/extension, and US visa pages.
8. Photocopy of Form I-797 Approval Notice, showing approval of I-140 Immigrant Petition for Alien Workers. If you are filing while the I-140 is pending, write CONCURRENT FILING on the cover sheet and mailing envelope. Be sure to attach a copy of the I-140 Receipt Notice.
9. Photocopy of birth certificate showing parents� names. Passports are NOT acceptable substitutes for a birth record.
10. Photocopy of the marriage license of the primary applicant and spouse.
11. Photocopies of divorce decree(s) and/or death certificate(s) from all prior marriages of the primary applicant and spouse (if applicable).
12. Current employment letter for the primary applicant. Letter must certify continuation of permanent employment, starting salary, and duties.
13. If family members are applying, Form I-134 (Affidavit of Support) must be completed by primary applicant on behalf of any accompanying family members. Be sure to include documentation. Employment-based applicants do NOT file Form I-864.
14. If you or any family members are applying for work authorization, Form I-765 ($180 fee) must be completed. Download page 10 only. Staple an envelope with two additional photos to the lower left corner of the I-765. Mark (c)(9) in question #16.
15. See attachment on travel to determine whether you wish to file Form I-131 for Advance Parole.
16. Cover sheet listing all documentation.
NOTE: Any document not in English must be translated and accompanied by a translator�s statement. You should not translate your own documents. The translation does not have to be notarized, but it must include the certification of the translator. The following is an acceptable example of certification:
I, [name of translator], hereby certify that I am competent to translate from the _____________ language into English and that the attached/above is an accurate translation of the original [birth/death/marriage] document.
Signature _________________
Name of translator _______________
Address: ______________________
Telephone: _____________________
amaran18
08-13 04:30 PM
First of all, Congrats !!
You should talk to a lawyer to get this clarified.
You should talk to a lawyer to get this clarified.
more...
samcam
05-19 10:48 AM
Welcome to our newest member jmehta..
3868 and counting!!
3868 and counting!!
kumar1
03-20 11:35 AM
I do not think, number of employees matter. I work for a desi company and it has just 2 employees. Labor was breeze and 140 got approved in 4 weeks. Never got any RFE. However, I was in EB-3 despite having 4 years bachelor's degree and 5+ years of experience.
more...
smuggymba
10-05 11:00 AM
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
wandmaker
04-27 03:24 PM
Hi all,
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
I took today an Infopass to ask about the status of my I-485 (EB3 ROW, filled in July 2007, PD 12/2005). The IO told me that the case is pre-adjudicated under review and that, since there are no visa numbers available, the case will resume normal processing in October 2009 and that there is no reason to ask about the status anymore until that time. Can anybody explain what "pre-adjudicated under review" means ?
Thank you !
pre-adjudicated - As of writing, your case is good-to-go and subject to fbi name check & visa number availability.
under review - It may once be reviewed fully or partially before requesting for a visa number when available
more...
santb1975
05-15 07:53 PM
Let's not lose momentum here
smuggymba
09-30 03:04 PM
mods - please delete
more...
dan19
09-15 01:38 PM
Where did you get the numbers from?
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
Just think that 40K green cards went to India last year and this year it will not exceed 10K by much. That was before BECs.
It is a truly daunting situation.
I however do feel there will be some solution to this mess within the next year with some sort of legislation that corporate america will push.
a_yaja
07-13 11:25 AM
What will happen if primary case got approved but dependent case is still pending and at the same time, dependent H4 will be expiring soon??
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
Actually my case got approved yesterday, my wife's not yet. Her H4 expires in September. Thanks.
As long as her application is pending with USCIS, there is nothing to worry. My friend is in a similar situation. His GC was approved just 2 days before retrogression hit the previous time. So unfortunately, his wife's AOS application was not approved at the same time. She is still waiting for her GC to be approved.
Your wife does not need AP if her AOS has been filed and she does not intend to travel outside the country.
SkilledWorker4GC
07-17 03:31 PM
According to your profile it took you less than a year to get your GC and you call that a Long Wait. :rolleyes: People here stuck for 10 years.
Your question is too confusing otherwise i would have answered as here on IV we are very generous even to the people who doesnt care about us.
Anyways hiring a lawyer and paying some money would be a better place to get a right answer.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
Your question is too confusing otherwise i would have answered as here on IV we are very generous even to the people who doesnt care about us.
Anyways hiring a lawyer and paying some money would be a better place to get a right answer.
My GC was approved last month after a very long wait time. Currently I am working for company B on EAD (not the GC filing employer). The question I had was can I continue to work for company B on a part time basis and join company A (GC filling employer).
Company A has a 9 month probation period I am worried if i quiet company B and company A fire me later then I will be with out job.
So I can work for company A (GC filing employer) full time and at the same time work part time with company B.
So this way if company A does fire me during probation period I continue with company B :confused: on full time basis. Is this ok will it come to haunt me when I file for citizenship?
trueguy
08-28 11:19 AM
Ron sent an inquiry and here is the answer he got
Ron also says
Visa Bulletin says
So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
Ron also says
Visa Bulletin says
So I predict the EB3 RoW Oct bulletin will be what it was on June Bulletin but EB3 China and India will not be the same as June bulletin.
When they say "Continued Heavy Demand", what does it mean? Howcome there can be demand with Older Priority Dates? Labor Substitution is no longer possible so there can't be new demand with Older PD. So howcome PD goes back? Does anybody have insight into that?
syedjaamy
04-22 04:11 PM
I am looking to be active in the Texas chapter....
Add one from Austin.
Add one from Austin.
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