hebron
06-14 02:22 PM
Hello All,
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
My EB3 PD is September 2004 with no end in sight. I was promoted to Principal Software Engineer back in 2007 and would like to know if I can port my EB3 to EB2. I have a Masters degree with 13 years of experience. I have been working with the current employer since 2002 (8 years experience).
I asked my attorney for his advice and he responded with the following: "If you have been promoted to a position for which the company normally requires a Masters degree (or a Bachelors and five years of experience), and we can prove it, then we can certainly do the labor certification again as an EB-2 and we can upgrade the I-140 to an EB-2. The key is being able to prove that it is truly the company�s requirement for the job. Otherwise, we all end up with potential problems for fraud and you may NEVER get the permanent residence."
My question is if anything goes wrong with the porting process, can I fall back to my current EB3 without any issues? Has anybody ported from EB3 to EB2 working with the same employer? If so, could you provide some insight into this?
Thanks.
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gc_kaavaali
12-24 10:17 PM
Okay...i will try my best to keep this thread on top...
This thread has to stay on top
This thread has to stay on top
saurav_4096
06-16 10:00 PM
How does AC21 will come into play when a person files I-485 with the letter from employer that employment will be availabe once green card is issued.
Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.
Gurus, if someone knows such please reply.
Thanks
Saurav
Does person has to join the employer after green card is issued ? As Green card will be availabe only after 180 days of filing.
Gurus, if someone knows such please reply.
Thanks
Saurav
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ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
more...
needhelp!
03-06 04:43 PM
Just faxed.
Dipika
11-25 02:05 PM
Thanks for correcting me. i am sorry for wrong info. i'm not able to open all links in office, as firewall block forum links, so missed to read the rule.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.
Here is the OFFICIAL link from US Consulate at Tijuana
Visa Services (http://tijuana.usconsulate.gov/niv.html)
Who Can Apply in Mexico
TCN Applicants residing in the United States, seeking to renew their visa in any category except B1/2 (tourist/business), if the current visa was issued in the applicant's country of nationality, former residence, or in Mexico. A spouse or dependent children may apply with the principal visa holder if the principal meets the criteria above. A renewal is a case where an applicant for the same type of visa is made and does not include persons who seek to change from one visa category to another or who are seeking any other type of “change of status” even if that change has been authorized by the Department of Homeland Security.
more...
rayoflight
12-21 01:51 PM
Thanks all for your replies.
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Anders �stberg
July 15th, 2004, 01:18 PM
Have to relate this annoying story... I went back again after some food and rest to see if I could get more pictures of the swallows, in evening light. Amazingly they were still in the same location, but had now moved to an even better branch. I carefully inched my way over and end up in a perfect spot, less than 4 meters from the birds.
I only have time for four or five pictures when, in from stage left, enters Mr. Inconsiderate Moron No.1, looking quite the outdoors man in khaki uniform and hat, walking his black labrador on a leash. He enters the small field quite a bit away from me, but as he sees me he smartly turns and walks towards me. "Hey, what a lens, what are you photographing?". He then bends down and releases his dog who is probably supposed to run on the field. Of course he sets off barking and growling right at me, and the birds take off in all directions. That's the end of the day's photo opportunities, and I'm so pissed off I'm not even talking to the guy, he stands there looking at me and I just shake my head, gather my stuff up and leave. Arrrggghhhh!
This is the best of the second batch, I can't but wonder what could have been possible if I had had time to dial everything in...
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6603.jpg
I only have time for four or five pictures when, in from stage left, enters Mr. Inconsiderate Moron No.1, looking quite the outdoors man in khaki uniform and hat, walking his black labrador on a leash. He enters the small field quite a bit away from me, but as he sees me he smartly turns and walks towards me. "Hey, what a lens, what are you photographing?". He then bends down and releases his dog who is probably supposed to run on the field. Of course he sets off barking and growling right at me, and the birds take off in all directions. That's the end of the day's photo opportunities, and I'm so pissed off I'm not even talking to the guy, he stands there looking at me and I just shake my head, gather my stuff up and leave. Arrrggghhhh!
This is the best of the second batch, I can't but wonder what could have been possible if I had had time to dial everything in...
http://www.andersostberg.com/fotogalleri/albums/userpics/10001/Svala_6603.jpg
more...
gene77
06-25 06:50 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
Has he already filed? Can you send in your application before July 01 dateline?
Gene
hair Nick Jonas drives to Selena
b_boy
10-14 02:43 PM
Basic Thumb rule is none of the insurance for visitors cover any pre-existing conditions, so the insurance you buy mainly covers accidental injuries (falling down from stairs / falling in bath tub / auto accident etc.) and bare minimal medical illness (very basics such as fever / cold etc. believe me if it's some thing else the doctors would relate it to a pre-existing condition)
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
you have 2 types, one is comprehensive coverage just like how it works for you and me and the other is limited coverage, neither of the coverage cover any pre-existing conditions.
you can go the links suggested which gives more info, think twice if you want to get it from India, my friend had a very bad experience with claims from one of the Indian insurance providers.
more...
sanjay
01-27 01:48 PM
According to CNNMoney: “Home Depot, the No. 1 home improvement retailer, announced Monday that it is shutting down its high-end EXPO business and shrinking its support staff, with both moves resulting in a reduction of 7,000 jobs.”Posted in Retail, US***Tagged: Home Depot layoff*** http://stats.wordpress.com/b.gif?host=layoffblog.com&blog=5255291&post=1231&subd=layoffblog&ref=&feed=1
More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
http://immigrationvoice.org/forum/showthread.php?t=23346
http://immigrationvoice.org/forum/showthread.php?t=23347
Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.
Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.
More... (http://layoffblog.com/2009/01/26/home-depot-cutting-7000-jobs/)
http://immigrationvoice.org/forum/showthread.php?t=23346
http://immigrationvoice.org/forum/showthread.php?t=23347
Idiot, why are you creating a thread for each company. you could have mentioned Home Depot, Catterpillar and pfizer in the same thread.
Before creating a thread, you should think that you are eating space and band width of a site which is run by a non - profitable organization.
hot Selena Gomez House:
meridiani.planum
11-25 10:20 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
I second this advise. Just send the G28 and confirm in a couple of weeks to see if the attorney address has been updated.
on a related note for other AC-21 filers: see if you can hang on to your older attorney. You might be able to retain them independent of your old employer (by paying fees on your own). Keeps the USCIS file clean, and also you stick with someone who presumably knows your case a bit better having worked on it from the start.
more...
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WillIBLucky
12-13 12:58 PM
That was my thought process too. If the immigration systems is corrected then I believe EB3 and EB2 will become current. Then it does not make a difference. Even late 90's the retrogression was there for both Eb2 and Eb3. IN 1999 they opened up for Y2K and then again retrogressed in 2001-2002 I believe. But again after that it was all current till the current retrogression.
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
Given the gross uncertainity about retrogression and GC, I would not give undue importance to the GC timeline factor. Eventually job / skills are more important than the distant GC.
I was in a similar situation a few months back. I abandoned my GC process with my former employer for a new and much more promising job. I am yet to start the GC process with the new employer. For me JOB was the deciding factor.
My reasoning was simple:
In the current scenario with a broken immigration system if we are to maintain our sanity and move on in our careers he, we have to stop thinking that GC is above everything. Work on it as much as you can, but do not trade it in for good career moves.
Do what you feel is best for you and what you can make peace with. My 2 cents..
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hsingh82
03-25 05:01 PM
Voted for few pro legal immigration messages!
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pictures Nick Jonas keen to tread the
lazycis
10-04 12:55 PM
Is there and on going class action lawsuit? and if there is where can I get info to join. I filed for a k3 visa a year and 110 days ago. Till this day USCIS still wont approve my applications because they say that we are stuck in bacgkroud checks. I dont understand how people that field way after me already have their spouse here while I have been waiting for over a year and we still dont have the NOA2. What can I do, where can I joint o get help. Is there a class action going on for this?
Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
Unfortunately there is no class action for your case. It's hard to file a class action for mandamus suit as the circumstances of each case are different (i.e. different waiting time). But you definitely can file an action for yourself and defend yourself from the injustice. Check this court order, it may be helpful
http://immigrationportal.com/attachment.php?attachmentid=16325&d=1179385606
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Happyday
08-06 01:47 PM
Bang on
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pointlesswait
02-13 01:10 PM
> American Dream or Pipe Dream!!!
;-)
;-)
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HOPE_GC_SOON
07-16 11:47 AM
I second this: NO Link of Wage Level to EB2. what all matters is Qualification and Job requirement. That's what I heard from my Paralegal.
I agree. I am EB2 and my Prevailing_Wage_Level is Level II
I agree. I am EB2 and my Prevailing_Wage_Level is Level II
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atul555
07-30 08:15 PM
It will progress all the way to 2002 Nov - Dec by Oct visa bulletin and keep progressing to 2003 or 2004 beginning by end of fiscal year 2010. The basis of this calculation is part visa number usage analysis, and part hope :) let's see how it pans out.
digitalrain
06-24 08:13 PM
Hi, I'm in a desperate situation.I am an asylee and have filed for my LPR.My asylee relative petition has been approved for my wife.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
My problem is: a have a newborn baby who resides with my wife outside US and the US Embassy did not issue him any kind of visa,since my wife went for the interview after the petition was approved.She is all set and done,but my baby got born after I've been granted asylum and couldn't file the asylee relative petition for him.The law says that babies born after the asylum decision are not eligible for derivative asylum.I read that Humanitarian Parole would be a solution for these cases,but the officer at the embassy claimed that I should file a relative petition for him ,or file for humanitarian parole here in the US.
My question is can my wife file for Humanitarian Parole at the US embassy,or is there any other way
I read that US Embassies abroad are authorized to issue humanitarian paroles.I think this is the mos inhuman decision I ever heard of and it's about my baby.
I would really appreciate any help
(This is what I found on the internet)
QUESTIONS SUBMITTED FOR NSC CONFERENCE CALL
REFUGEE/ASYLEE ISSUES
FEB. 28 2008
5) I-730 CASE or HUMANITARIAN PAROLE? What can be done for the
beneficiary spouse of an I-730 Asylee Relative petition if she gets
pregnant and has a child (from the petitioner, of course) after the
petitioner was granted asylum �therefore this new child is not considered
a derivative- but before she completes the Visa 92 process at the US
Embassy. Does the US Embassy have the authority to parole the
newborn child for him to join the rest of the family in the US?
Answer: If the child was in utero at the time of the asylum grant the
regulations provide benefit to that child as a derivative under 208.21(b). If
the child was not in utero and the relationship with the child was after the
asylum grant, then a I-730 petition can not be filed on behalf of this child.
The U.S. Embassy does have the authority to grant a humanitarian parole
and that would need to be addressed with the U.S. Embassy.
DDash
03-28 03:57 PM
I got this from different website(not sure if I can quote here).
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
Before going /planning for a perticular consualte, you can email the consulate with a i797 copy asking them to check if it exists in their system. If it doesn't then they will request concerned athorities to make it available in system so that you won't get stuck with PIMS delay. So far I have heard mexico/canada consualte responding to emails positively.
I will be mailing(canada consulate) them soon. Will keep you updated if i hear anything from them. if it works..its indeed a good options for us.:D
I will have to go for a stamping soon and this info will help. Thanks! :)
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