abhijitp
07-03 06:48 PM
dugg both.
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LostInGCProcess
09-21 12:23 AM
Thanks for vounterring your time and helping the immigrant community out -
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
Please let me know what reply you got for this inquiry.
My question -
EB3-India
PD: Dec 2004
I-140 approved.
I-485 applied: July 2007
EAD and AP approved
I recently quit my job and have been out of work for 2+ months, looking to get on to another job on EAD now.
1. Are there any risks to my AOS application with I not being employed for 2-4 months? I-140 petition is approved, worked at my last employer for more than 180 days from my date of I-485 filing. Left my last employer on good terms, I-140 petition will not be revoked.
2. As for the new job, would getting a new job on contract (possibly a 12 month contract with a Fortune 50 company) be a problem? I was under the impression that one needs full time employment but wanted to clarify since the contracting vendor is willing to hire me for the 12 month term on W2 and was wondering if that would be sufficient. What kind of Employment Verification Letter may I have to produce incase I get an RFE for the same during this time period.
I would really appreciate your input. Thanks!
Please let me know what reply you got for this inquiry.
CADude
04-18 02:49 PM
immigration-law.com
04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule
There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule
The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
We stand corrected on this change.
04/18/2007: Further Clarification on Pending I-140 Substitution Petitions and Proposed Substitution Elimination Rule
There are a couple of clarifications we want to make on our previous posting on this issue. The supplemental information part of a regulation is not binding, but when there is a room for interpretation on specific provisions of the rule itself, it gives a guidance to the interpretation. In this regards, for now, the correction to our previous interpretation should stand. Secondly, there is no information available about this issue in the final regulation which is expected to be released sooner or later. Whatever the final version will look, it may be prudent for the employers with the certified labor certification applications to file the substitution I-140 petitions as soon as possible before the final rule is released.
04/18/2007: Clarification and Correction of Scope of Validity of Substitution of Approved Labor Certifications Under the Proposed Substitution Elimination Rule
The final rule to eliminate the substitution is expected to be released in the near future. One question that raises the body heat has been the pending I-140 substitution petitions which have yet to be approved. Under the proposed regulation, there was a provision that the substitution approved at the time of enactment of the final rule will not be affected by the elimination rule. We previously interpreted the language "substitution approved" would include the approved I-140 substitution petitions and would not include the pending I-140 substitution petitions.
We want to correct such interpretation. The substitution approved under the proposed rule appears to mean the substitution approved by the DOL and not necessarily the I-140 substitution approval. Accordingly, if the I-140 has been filed and is pending at the time enactment of the final rule, such case should not be affected by the elimination rule and remain valid. This is made clear by the following supplemental information to the proposed regulaation:
Substitution of alien beneficiaries will be prohibited as of the effective date of a final rule resulting from this NPRM and that prohibition will apply to all pending permanent labor certification applications and to approved certifications not yet filed with DHS, whether the application was filed under the prior or current regulation. This regulatory change would not affect substitutions approved prior to the final rule's effective date.
We stand corrected on this change.
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deepakjain
01-22 04:17 PM
Deepak, are you a consultant or FTE?
I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.
I work on full time basis. have pending 485 and do have EAD and AP, per my attorney decided to get visa stamped on my passport so that do not have to renew AP and EAD every year. I do not intend to leave the employer neither does my employer has any intention of kicking me out.
more...
nrk
09-17 03:16 PM
I wish the statement is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.
I think your friends cousin got the card by mistake, that does not mean that it will see a significant moment for EB3 I. The only possibility is if USICIS wants to recapture the unused visa numbers over a period of time, then EB2 I, EB3 I all move together.
Cousin of my friend got an email that his card production has been ordered.
He falls in EB3I (PD Aug. 2005). I could not believe it but my friend told me that
EB3I would see significant movement in coming months.
Gus Hang on and tighten your seat belts. We will have a wild ride if he is true.
eb2_mumbai
09-25 01:27 PM
I did a quick DB search and here are my findings for 2005 & 2006 PERM data
2005 case status -certified = 6133
Prevailing wage level - level II = 2212
2006 case status certified 79782
Prevailing wage level - level II = 32283
2005 case status -certified = 6133
Prevailing wage level - level II = 2212
2006 case status certified 79782
Prevailing wage level - level II = 32283
more...
alisa
02-14 10:06 PM
Very sad to hear about this.
I don't know what else to say. I am sorry to hear that this happened.
I'm sorry, I haven't monitored the web-site since my last posting.
Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.
However; today reality really hit me hard.
One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).
He was the one of the nicest guys I have talked to. Very courteous fellow.
They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.
She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.
I need a couple of days to get over this.
I don't know what else to say. I am sorry to hear that this happened.
I'm sorry, I haven't monitored the web-site since my last posting.
Today reality hit me very hard. I am in my late thirties and I haven't had much adversity in my life regarding financial, career, family, etc.
However; today reality really hit me hard.
One gentlemen, his name was Raja Pitchai. He had asked me to help him file his I-140 and ask for cross chargeability to his wife's place of birth (singapore). USCIS accepted his package and his 140 got approved in a couple of months. (his priority date; india became available one month later anyways (he was from india eb2).
He was the one of the nicest guys I have talked to. Very courteous fellow.
They couldn't approve his case because he was stuck in name check. Well, his wife called me today and told me that he passed away last week (brain tumor). He had two U.S. citizen children but him and his wife have no relatives here.
She doesn't seem to be interested to stay here (she wouldn't be able to keep the greencard process going anyways because the death of the petitioner is automatic denial). She is leaving USA and was going through all the things she needs to wind up. I don't know if she would have stayed here if she got the greencard and I didn't want to task. Reality really him home today.
I need a couple of days to get over this.
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krishnam70
07-11 07:11 PM
Eom
more...
YesGC_NoGC
06-26 12:55 PM
Fact - My 485 has not ben filied yet, still on mercey of Employer after giving them all the paperwork. My PD was current for June filing.
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
Rumour - The dates have been retrogressed already for July as USCIS already recd enough applications to fullfill the remaining visa number for this fiscal year. Also USCIS officers visited IV and could sense the number of applications that will pile up on July 1st hence they decided to retrogress and release the dates on Month to month basis.
Does this make sense !!
hair %IMG_DESC_4%
bajrangbali
05-29 12:10 AM
Thank you for all your contributions all these years on H1B and all the social security and medicare taxes you have paid. Now please move on and let the natives take ur place or let the newbies take ur place before you complete your 10yrs and get a GC and stand in line for retirement benefits in future.
So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..
20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...
I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..
Those of us who are entrepreneurs think seriously about taking the business offshore...
leverage people...gotta have some leverage...
So many divisions in EB caterogy, EB 1/2/3, china/india/phil/row... they are using these categories like a caste system to turn EB immigrants against each other. As they say..it is never a problem until it happens to you... atleast now ALL categories people should come out with one voice against the EB system..
20 million illegals have a shot at legal residency and work-permit...HALF-million so called highly skilled immigrants cant make the pick?? Maybe we need to be pushed down even more before we stand up...
I would suggest everyone all half-million apply for canadian PR..even though their system gets flooded..this would send a message..
Even if Canadian PR takes 3yrs (currently 6-18mos)...much better than waiting 10 or more years constantly being abused by RFEs, biometrics, immunizations like animals..
Those of us who are entrepreneurs think seriously about taking the business offshore...
leverage people...gotta have some leverage...
more...
ramus
06-28 01:00 PM
Nope... You can send it on Saturday for 2 day delivery so they will get it on Monday.. When you send it on Saturday , make sure you do 2 days delivery..
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
From what i know,your application will not be accepted if it reaches there before July 1st. Since July 1st is a sunday, the earliest you can send it is Monday july 2nd.
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invincibleasian
01-27 09:38 PM
Go for it! Life itself is not fair!!
more...
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mbawa2574
02-15 05:20 PM
You are not saying there are more chinese and indians here, so that means what? that there are not more chinese and indians here?
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
As you said half the world population is indian or chinese and I'm saying this, rather than pure skill, is why there are more of them here. This is why I repeatedly protest your reference to only skills and brightness as the factor for the non balanced EB population.
If the world population is the reference, the US would have to take half of its immigrants from 2 countries, they clearly don't want that so they conciously set that rule.. u need them to change the rule u need to give them a reason that's useful for them not for you.
Can't you understand the meaning of fair shot and equality ? Let people apply in FIFO . Don't tell me what US wants ? No one has a clear idea of it.and suddenly people like you for your personal interests have started opposing IV's skill based initiative because your dates moved a little ahead and supporting existing discriminatory laws. What will happen when they retrogress again to 1999 next month ? What will be your stand then? Did you come to IV rally ? Probably not because you think of your personal interest and have nothing to do with the big picture.
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samay
07-15 01:34 PM
My son recently finished his high school and wanted to do Dental degree in India. My current situation is I have applied for adjustment of status in July 2007. Me and my family got the EAD and AP. My priority date is Eb3-November 2005. WIth this mess, I am not sure when I will get my green card.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Hello,
If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.
My question is:
Can I send my son to India for his studies when the adjustment of status is pending. Will it be considered as abondaned if he is out of US when the adjustment of status is in progress?.
Is there any specific forms for this type of situation so that he can go for studies in India and continue the adjustment of status.
Hello,
If your son has a AP then he can go study in India so long as he comes back every year and renews his AP. If he continues to do this his status will not be considered abandoned.
more...
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pappu
06-26 01:34 PM
Yeah well. I also heard the rumour that in the next month july bulletin USCIS is going to move the dates forward from Current to Current+2 months = September 2007. This will allow everyone to get greencards in advance and then after they get their greencards they can apply for Labor, I140 and whatever.... :)
Please stop spreading rumours.
Please stop spreading rumours.
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software7
05-30 04:49 PM
Hi ALl,
Got following info from one of my friend , this reliable information sent by Senator office.
TSC: NSC Total
EB1:
TCS: 1030. NSC: 1723 Total:2753
EB2:
TSC:22029 NSC: 29688 Total:51717
EB3: TSC: 34784 NSC: 36054 Total: 70838
Got following info from one of my friend , this reliable information sent by Senator office.
TSC: NSC Total
EB1:
TCS: 1030. NSC: 1723 Total:2753
EB2:
TSC:22029 NSC: 29688 Total:51717
EB3: TSC: 34784 NSC: 36054 Total: 70838
more...
makeup %IMG_DESC_9%
qvadis
02-13 06:44 PM
Before AC21, the spill over goes vertically.
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
After AC21, the spill over should go horizontally.
Now ROW experts, post your comment for this hypothitical example ..
Lets assume there are 100 unused visas in EB2 catagory in a calender quarter. Worldwide EB damand is more than 140,000. Now, how will you assisn those numbers if it is before AC21 period and if it is after AC21 period.
If you say in both cases it goes to EB3-ROW, then we are not stupid to listien.
(a) INA 202(a)(3) states that the total number of visas available under both subsections (a) and (b) [...] exceeds the number of qualified immigrants [...] (2) shall not apply [...]. In your case, there are no excess visas available for FB immigrants.
(b) INA 202(e) Special Rules for Countries at Ceiling. requires that additional visas are distributed according to the world-wide distribution across FB and EB categories. Of the 100 unused visas 77 would have to be alloted to FB, and only 22 to EB categories. Assuming a 1/3 distribution in EB categories EB1, EB2, EB3, 7 would go to EB2.
If USCIS cannot follow this rule, those 100 visas would be unused for that fiscal year.
With AC21, the 100 can be assigned to oversubscribed countries, if Visas are available, ie. demand in all categories is less than supply. With EB3-ROW retrogressed, that is not the case.
Just the way I see it....
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hiralal
06-01 07:28 PM
ss benefits when we retire is such a long way away ..who knows what the situation will be that time ..US just needs a law change and ss benefits can be denied at that time ,,,so it makes more sense to discuss and act on recapture rather than waste time on something that will occur is 2025 or later ..just a thought
hairstyles %IMG_DESC_11%
unseenguy
06-12 11:26 AM
Dude... he is talking about the second best engineering college in India that is located in Rajasthan.. aka - BITS Pilani (my guess).
Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.
This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.
No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....
Still , he only has bachelors degree. BE degree holders are dime a dozen these days. Even I am one of them. You need MBA, MS or PhD to survive or go up in career. Tell me why some MS degree holder with 3.7+ GPA is not more qualified than BITS guys? I have met and rolled over (performed better) than many BITS guys in my career. And I know many guys from my local place did not go to other states or outside for education because their parents would not let them go away for studies. So..... you can find smarter guys in local places as well.
This is the problem with a lot of guys. They go to some top Indian institution and they think they are all set in life, they are out of the box , extraordinary and people should come and reward them for that.
No my friend, life is a one day match... you hit couple of sixes , you are ahead in the game, lose couple of wickets , you are fighting for survival. Also see how he is talking down on India despite getting the best opportunity in his life there.....
snathan
08-16 11:41 AM
So shall we strip search Barack Obama or Hillary Clinton on their next visit to India? They can also be accused of bringing something illegal, isnt it?
Does our people have the balls to do that?
Does our people have the balls to do that?
lazycis
02-12 10:33 PM
Educate yourself, check these out:
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
http://www.ailf.org/lac/asylee_adjustment.asp
http://www.uscis.gov/vgn-ext-templating/v/index.jsp?vgnextoid=1dc6aca797e63110VgnVCM10000047 18190aRCRD&vgnextchannel=1dc6aca797e63110VgnVCM1000004718190a RCRD
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