geofu54
07-15 02:27 AM
Long time lurker signed (with a message) :)
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cdeneo
04-22 05:25 PM
Another question for the group related to porting from EB3 to EB2 -
I-485 for the EB-3 application was filed for both the primary applicant and the dependent spouse. Now the primary applicant and spouse are separated.
Once the new EB2 Perm application is filed and is followed by the premium I-140 petition that should get approved - and since no I-485 application is required this time around - would both the primary applicant and spouse get the GC based on the original I-485 pending application?
Since the primary applicant and spouse are now separated - how does one get the spouse's I-485 application cancelled since the spouse has moved out of the country.
Any insight would be very appreciated. Thanks!
If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.
IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.
I-485 for the EB-3 application was filed for both the primary applicant and the dependent spouse. Now the primary applicant and spouse are separated.
Once the new EB2 Perm application is filed and is followed by the premium I-140 petition that should get approved - and since no I-485 application is required this time around - would both the primary applicant and spouse get the GC based on the original I-485 pending application?
Since the primary applicant and spouse are now separated - how does one get the spouse's I-485 application cancelled since the spouse has moved out of the country.
Any insight would be very appreciated. Thanks!
If I-485 is already pending with old EB-3 india I-140, then no need to apply new I485.
IF I485 was not field for some reason due to delays in backlog processing or PERM audits, then one needs to apply for new I485 alongwith new approved I-140.
saileshdude
03-31 11:41 AM
To me; it looks like it could be a shift in change of policy. In the denial notice; it is the same officer number who sent the notice of intent to deny. Therefore; it is not a training issue; looks like something else is happening.
training issue is when they send straght denial after 140 is revoked.
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
training issue is when they send straght denial after 140 is revoked.
UnitedNations,
Whatever be the shift in policy, they cannot go against the AC21 law, which is if the job is in similar classification then the applicant can use portability if the underlying I-140 is revoked. Also you must have seen the latest yates memo , link, http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
If you see Q.11 it asks,
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien�s I-485 has been pending 180 days, or
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal that was submitted after an I-485 has been pending for 180 days.
Answer B seems pretty vague. How do you interpret this?
Also can you tell, if the case you are referring to is based in TSC or NSC. I have seen cases where TSC applicants are facing this kind of situations more.
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ElectricGrandpa
06-19 05:23 PM
cool one brightspark.
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Bradman
11-09 10:06 AM
What you think and suggest is your problem. I know what all i had go through to be where I am today. I did a receive a call on either occasion from the Presidents office. As a matter of fact when I wrote to the FL and the Senators office then too I received calls.
Keep you subject very precise and on the top of envelop remember to mention "Immigration Assistance". Please use ordinary mail 41 cents stamp and wait and watch.
All the best !!!!
Forgot to mention on all the instance I had sent hand written personal letters just stating traumatic situation which I am going through. Also remember this is a request which we are asking for and there is no moral obligation on their part to expedite.
Cheers !!!
Bradman
Keep you subject very precise and on the top of envelop remember to mention "Immigration Assistance". Please use ordinary mail 41 cents stamp and wait and watch.
All the best !!!!
Forgot to mention on all the instance I had sent hand written personal letters just stating traumatic situation which I am going through. Also remember this is a request which we are asking for and there is no moral obligation on their part to expedite.
Cheers !!!
Bradman
ItIsNotFunny
08-25 05:28 PM
its clearly written in Sep'2008 bulletin. However, seems like EB3-I wont' get any of it and all numbers will be given to EB2. we loose again.
Its all EB2.
They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.
Its all EB2.
They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.
more...
GCBy3000
07-19 06:47 PM
http://economictimes.indiatimes.com/articleshow/1779187.cms
With an increasingly ageing population, the EU wants to grab a greater share of Indian professionals who are, at present, more interested in moving to the US. India, on its part, would be asked to bring down its import duties on industrial goods for EU members.
With an increasingly ageing population, the EU wants to grab a greater share of Indian professionals who are, at present, more interested in moving to the US. India, on its part, would be asked to bring down its import duties on industrial goods for EU members.
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franklin
07-12 01:57 PM
Just tried sending you a PM but it says you have exceeded your stored private messages quota and can not accept further messages until you clear some space. Perhaps you could activate the ability for members to send you an email?
Thanks - I just emptied things out!
Thanks - I just emptied things out!
more...
superdoc
08-14 12:26 PM
Yes, that is right, I said �plight of EB2-India�.
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
To all the guys bashing chankaya...
I know there are some EB3 folks who could have qualified as ED 2 and some EB 2's who could have qualified as EB 1 ..like myself. I am EB2 but if would have taken the initiative could have made it to EB 1
Also there are folks like my friend who is EB3 with US masters who should be EB 2. His employer sold his EB 2 labour and just substituted his labor.
Yes there are folks like that. Also many have the opportunity to port but they don't. Overall the majority of EB 3 are EB 3 because their qualification doesnot meet EB 2 or they didnot take the initiative to go to a higher level.
BY far most people are in the category they should be IN !
I can also crib about why I did not try EB 1 till the CIWS come home with no avail..No pun intended for anyone
I am a passive observer of these forums. But some of the ridiculous notions floating around here have motivated me to vent. First and foremost, the law as written is highly favorable to people in EB3 categories, even from India. Here is how...
Take my example (and there are thousands like myself)....came to the US 8 years ago, spent 5 years working day and night to earn a PhD on a low (barely sustainable) stipend, got FIRST job saw decent money for the first time 6 years after I came.
Now, compare this to a person working an EB3-job for the last 8 years. Not only does this person do a real job that hopefully provides a respectable income but this person also has the option of moving to EB2 after 5 years of experience. So, at the end of the day in 2008; this person comes out ahead of me in terms of money, in terms of priority date (if ported) and most likely in terms of GC.
There are complaints all over the forum which have the stink of pretentiousness such as �oh..i am a poor EB3 waiting for n number of years� etc etc. What you guys seem to forget is that YOU are NOT an EB3, it is your JOB that is EB3. You have all the opportunities that were/are available to a person who sweated it out in the university system here to gain more qualifications and get an EB2 job. You CHOSE not to. The general discussion seems to center around cribbing about the US immigration system (Immigration by the way is a privilege defined by laws, not a birthright) and then blaming the EB2 crowd when they finally see the system implement the law as intended in the first place (horizontal spillover rules).
All these posts that refer to �my career is over because my gc is delayed� are nothing but a pathetic excuse. Law of supply and demand....if you have a skillset that is valuable, you will be fine with or without GC anywhere in the world. It takes a bunch of documents to remain here legally, all you need is a passport to go back if the system here seems so bad.
For all the attacks that are bound to happen, here is the fodder.....this is probably my first and last post, I haven�t contributed a dime to IV, will work here as long as I like it and if not, India is a great country and provides enough opportunities for any skillset !!
To all the guys bashing chankaya...
I know there are some EB3 folks who could have qualified as ED 2 and some EB 2's who could have qualified as EB 1 ..like myself. I am EB2 but if would have taken the initiative could have made it to EB 1
Also there are folks like my friend who is EB3 with US masters who should be EB 2. His employer sold his EB 2 labour and just substituted his labor.
Yes there are folks like that. Also many have the opportunity to port but they don't. Overall the majority of EB 3 are EB 3 because their qualification doesnot meet EB 2 or they didnot take the initiative to go to a higher level.
BY far most people are in the category they should be IN !
I can also crib about why I did not try EB 1 till the CIWS come home with no avail..No pun intended for anyone
hair Those are lowlights.
amulchandra
03-31 10:49 PM
After my AP approval notice email, all our(four) 485s got an LUD on Mar 31st 2009.
I applied AP only for myself and rest of the family did not.Service center is NSC. 485 recpt date is sept 11 2007.PD 2006 eb3/I. But we were issued one year EAD though eligible for 2 years since our PD is not current. Could it be because they sent 2nd FP notices? Are they sending FP notices for the second time these days? I heard some where that USCIS now can keep the FP notices valid for longer time than 15 months. We did ours in 2007 october. I know that USCIS has strange ways of dealing with things. But still....any insight is appreciated.
thank you
Amul.
I applied AP only for myself and rest of the family did not.Service center is NSC. 485 recpt date is sept 11 2007.PD 2006 eb3/I. But we were issued one year EAD though eligible for 2 years since our PD is not current. Could it be because they sent 2nd FP notices? Are they sending FP notices for the second time these days? I heard some where that USCIS now can keep the FP notices valid for longer time than 15 months. We did ours in 2007 october. I know that USCIS has strange ways of dealing with things. But still....any insight is appreciated.
thank you
Amul.
more...
GCneeded
12-15 04:29 PM
Posted my story and highlighted our cause.
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p1234
10-03 12:09 PM
Sensible people,
I need some greens here. :P
EB2 I/C retrogression 10-03-2008 11:11 AM Here you go again.
EB2 I/C retrogression 10-03-2008 08:17 AM Kutte
EB2 I/C retrogression 10-03-2008 08:16 AM Saale
EB2 I/C retrogression 10-03-2008 01:23 AM disapprov
Dude, I'm not flaming at you (it was gctest not you) but you also made really demeaning statements and then tried to retract them when you started getting reds, I think. Its not good to trash others.
I need some greens here. :P
EB2 I/C retrogression 10-03-2008 11:11 AM Here you go again.
EB2 I/C retrogression 10-03-2008 08:17 AM Kutte
EB2 I/C retrogression 10-03-2008 08:16 AM Saale
EB2 I/C retrogression 10-03-2008 01:23 AM disapprov
Dude, I'm not flaming at you (it was gctest not you) but you also made really demeaning statements and then tried to retract them when you started getting reds, I think. Its not good to trash others.
more...
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sdrblr
09-15 10:17 AM
I sent it.
OR the lawyer has to send this email...very trivial question but I did not get that from your post. Thanks for sending this along...I dont know if many of us knew. Thanks again.
OR the lawyer has to send this email...very trivial question but I did not get that from your post. Thanks for sending this along...I dont know if many of us knew. Thanks again.
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bkarnik
09-17 01:50 PM
The effective date could be one of the amendments .... it is changeable.
yes it is...but will they do it?:)
yes it is...but will they do it?:)
more...
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walking_dude
11-14 11:33 AM
Please don't use the thread for just -- discussions sans actions .
Do take some actions - Have you contacted and posted your Comments to WWJ yet?
Coming to your point, just like he won't stop visiting hospitals for annual physicals to avoid Indian doctors and Phillipino nurses, he won't stop using Boeing either.
I bet he owns a foreign (European) car too. Like somebody pointed out CNN itself has hundreds of "cheap labor" H1B immigrants working for them. His wife is a Mexican. Do you think he's avoiding private moments with her to avoid TB and leprosy?
Lou Dobbs isn't a zealot. He is just an opportunistic hypocrite who's using "nativist populism" to get high TRP ratings for his show, and he has been immensely successful!
http://www.alipac.us/ftopicp-526504-.html#526504
So do you think he will stop using Boeing and walk to Detroit?
Do take some actions - Have you contacted and posted your Comments to WWJ yet?
Coming to your point, just like he won't stop visiting hospitals for annual physicals to avoid Indian doctors and Phillipino nurses, he won't stop using Boeing either.
I bet he owns a foreign (European) car too. Like somebody pointed out CNN itself has hundreds of "cheap labor" H1B immigrants working for them. His wife is a Mexican. Do you think he's avoiding private moments with her to avoid TB and leprosy?
Lou Dobbs isn't a zealot. He is just an opportunistic hypocrite who's using "nativist populism" to get high TRP ratings for his show, and he has been immensely successful!
http://www.alipac.us/ftopicp-526504-.html#526504
So do you think he will stop using Boeing and walk to Detroit?
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conchshell
08-19 02:20 PM
Congratulations on your citizenship. I am happy for you.But, in what ways can you help? I very curious to know. I have been following your post and so far I am still optimistic for your grand help that you have been talking about through out.
I know the power of citizenship. My wife's father passed away last year in September. Her AP application was pending. We took an infopass appointment to get an emergency AP, and met an officer who was really rude. In essence the officer told us that she can not do anything on humanitarian basis and point blank asked us to go and talk to the Congress.
And that's what we did. We asked one of our friend who is citizen to help. She took my case details and the officer's badge number. She personally talked to local congressman and senator's office. They initiated an inquiry with USCIS, quoting the officer's statement and the badge number ... Three days later we got a call from local USCIS office, filled with sympathy and full of remorse. A week later we got her AP document.
So a citizen can really help. Please make your contact details available, so that when emergency arises, you can help them by contacting the congressman or senators.
I know the power of citizenship. My wife's father passed away last year in September. Her AP application was pending. We took an infopass appointment to get an emergency AP, and met an officer who was really rude. In essence the officer told us that she can not do anything on humanitarian basis and point blank asked us to go and talk to the Congress.
And that's what we did. We asked one of our friend who is citizen to help. She took my case details and the officer's badge number. She personally talked to local congressman and senator's office. They initiated an inquiry with USCIS, quoting the officer's statement and the badge number ... Three days later we got a call from local USCIS office, filled with sympathy and full of remorse. A week later we got her AP document.
So a citizen can really help. Please make your contact details available, so that when emergency arises, you can help them by contacting the congressman or senators.
more...
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panky72
06-17 11:30 PM
What does 'acute exacerbations of preexisting conditions' mean?
Are there any examples of the cases of that were covered in past? Did anyone have any first hand experience with that?
Given someone's situation, can they give in writing that they will definitely cover anything related to that situation?
Those are the questions that come to my mind.
Like if somebody has high blood pressure but suddenly the blood pressure goes very high and they have to go to ER.
Are there any examples of the cases of that were covered in past? Did anyone have any first hand experience with that?
Given someone's situation, can they give in writing that they will definitely cover anything related to that situation?
Those are the questions that come to my mind.
Like if somebody has high blood pressure but suddenly the blood pressure goes very high and they have to go to ER.
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snathan
04-19 03:57 PM
Looks like this Sheila is in her new avatar, from 3 year degree people trying to make $$$ in others troubles! She threatened to sue IVians for exposing her tricks when she tried to advt her service in her posts, as friendly posts.
USCIS does not buy her evaluation anymore. Go to her and lose your valuable time and few thousand dollars in addition to your I-140.
I aso suspect the same...I have asked her the website and there is no information so far. Guys dont fall for her.
USCIS does not buy her evaluation anymore. Go to her and lose your valuable time and few thousand dollars in addition to your I-140.
I aso suspect the same...I have asked her the website and there is no information so far. Guys dont fall for her.
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ItIsNotFunny
08-25 05:28 PM
its clearly written in Sep'2008 bulletin. However, seems like EB3-I wont' get any of it and all numbers will be given to EB2. we loose again.
Its all EB2.
They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.
Its all EB2.
They even can't think logically that 5+ yrs of difference between EB3 & EB2 makes EB3 automatically same as EB2 as per their qualification definition.
Steven_jd
06-12 11:15 AM
because I'm a green lover here's a greenish from me (-:
thats looks nice dude as we say in the other world (star wars)
may we part in peace
and may the forum be with you
nice post lol
thats looks nice dude as we say in the other world (star wars)
may we part in peace
and may the forum be with you
nice post lol
Vysh
01-05 04:27 PM
Hi, My husband and I both sent an email at change.gov
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