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  • samay
    07-14 06:33 AM
    I have a unique situation
    1. My PD is EB3 July 2004.
    2. My wife's PD is EB2 Jan 2005
    3. I am dependent on my wife's 485 filed on July 2007. Her I140 is approved.
    4. I switched job on EAD I got from her adjustment application,but earlier company has retained my I140 application.
    The H1 from earlier company expires in August 2008.

    Question is what are my options regarding using my I140.

    1. Can i port my PD for my Wife's application, since it is 6 months earlier ?
    2. Is there a possibility that I can use my I140 whenever it is approved to get an EAD independently since I have already applied for adjustment from my wife's application and not be a dependent on my wife's case.



    1. No
    2. You cannot do that unless you applied for adjustment of status (I-485") as the primary applicant. Since your date is not current right now you cannot file your adjustment of status as a primary applicant.





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  • yetanotherguyinline
    07-03 05:06 PM
    Hi all,

    Regarding the recent goofup by USCIS, please rate this story

    http://digg.com/politics/No_July_4th_Celebrations_for_Highly_Skilled_Future _Americans/who

    if this receives more than 100 users rating for the story in next 5-10 hours - it would be displayed on the first page. Digg.com is read by hundreds of thousands of web users and there is high chance of getting picked by main stream media.

    Note that you ll have to signup as digg.com member to rate it - it ll just take 30 secs of your time.

    Sorry I wasn't able to submit the official IV prlog.com url since it is not accepted by Digg.

    thanks.

    digged it....but it just has 17 diggs now!!!





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  • Pineapple
    12-14 02:27 PM
    Nope. UK and Pakistan would then join the club of India & China. ROW is an artificial construct. The reason USCIS posts priority dates for India, China, Mexico and Philippines separately is that applicants from these countries are typically, and especially over subscribed. ROW countries are just countries which are not typically over subscribed in the EB category.

    O.K. Forget for a moment about IN,China,MX and Philipines. Let me understand the "Quota" witihin "ROW"

    Example: Britain, Pakistan.

    Let's say next year tons of nationals of Britain Choose to apply under EB.
    Let's say total is more than 7% of Total 1,40,000 limit.

    Is that allowed?

    Same question for Pakistan...





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  • byeusa
    07-11 03:28 PM
    http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9026820&source=NLT_PM&nlid=8

    Check this out. Pls forward this article to Ron Hira, Berney Sanders John Maino for them helping Microsoft in opening this office in Vancouver



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  • a.j.2048
    03-27 11:55 AM
    Mayawati, Jayalalitha and Chandrababu have a good chance. I think it will be Jayalalitha.





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  • NKR
    02-14 09:17 AM
    Sorry for pasting the below post in the wrong thread, but I thought that people not residing in MI will have the tendency to by pass the thread that WD's post was in. I felt that we need to recognize and appreciate the efforts of people who worked towards this issue. If I remember right, Mark, WD and others took their time off to testify in state senate.

    Immigration Voice in Detroit News

    --------------------------------------------------------------------------------

    http://www.detnews.com/apps/pbcs.dll...802140325/1008

    "One member of Immigration Voice, a group of foreign-born professionals in the United States, describes how he came to America in 1999 as an international student and was later hired on an H-1B temporary visa. His green card application has been pending for years. He has not visited his home country for five years and recently moved to Michigan from Missouri for work reasons.

    "My Missouri license will expire in days, and I can't get a Michigan driver's license. I can't walk 11 miles to work in this cold weather, since there is no bus service and I can't take time off to go to my home country" to attempt to obtain an "international" driver's license."
    __________________
    MI Chapter testimony in State Senate ( Driving License issue) - http://www.youtube.com/watch?v=lAcgeyjZ3qY



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  • chanduv23
    06-27 07:29 AM
    It doesnt say anywhere that they can change PDs in the middle of the month. What they are saying is that based on data collected from the "total number of files at point of approval" they can change PDs. But it doesnt say that they can change PDs in the middle of the month.

    If anyone has a URL or source of information that shows the USCIS stopped accepting petitions in the middle of the month even when the dates were current, PLEASE POST THE URL OR SOURCE.

    Otherwise this is bogus information coming out of certain law firms.

    And this community is so scared that they have started seeing what they believe rather than believing what they see. The cynicism and psychosis has reached such alarming levels that people are seeing things even in Ombudsman report that dont exist.

    :D :D :D :D The most successful people in the world are cynics.
    People who initiate this kind of news - have been popular Attorneys. No idea why they do it - maybe to get more people to file and more money etc...





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  • newtoearth
    05-02 05:35 PM
    ...



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  • gcdreamer05
    07-17 11:50 AM
    Hi Attorney,

    My friend has an I-140 EB3 priority date oct 2005 approved and he had filed for 485 during july 2007.

    He also has another approved LC under EB2 category and he has to file I-140 now.

    In August 2008, the EB2 priority date becomes current for him since if he interfiles he would get oct 2005 on his new I-140.

    Since he would be porting his EB3 PD to EB2 I-140, is it allowed that now in august he can file both I-140 & I-485 along with porting PD request.

    or should he only file I-140 with porting request alone.

    Does USCIS still allow concurrent filing and in this scenario can he file concurrently.

    What happens to his earlier 485, does he need to withdraw it or how does it work. He is still working on his h1b now.

    What will happen to the EAD which was recieved but not yet used. For the new 485 will he get a new EAD or how does EAD depend on changes to 485.

    Please clarify.

    Thanks.





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  • Legal
    07-25 06:36 PM
    Yeah Ron Gotcher is speculating, but there is some credibility to what he is saying. He did predict the rapid movement of PDs toward the end of the year, in fact at one point he was extremely optimistic more than what happened to date. So he did have some insight into the inner workings (or rather non-workings!) of the USCIS. He also openly shared his interaction with Charlie Oppenheim.
    This is why people should not get so excited now. What EB2I got is a little hope, for most it will be false hope, a select few have green hope, but we will only know them by Sept. in retrospect.
    For the rest of us it will be back to the drawing board, oops message board. My feeling is things are likely to be somewhere between the extremely pessimistic projections of Ron Gotcher and the extremely optimistic projections of VLRao.
    I suspect the PD will move back to the April 2004 cutoff and then move forward slowly as spillover allows, so in other words at a rate faster than in the past. I stand by my view that we will need most of next year and perhaps some of 2010 spillover to quench the thirst of EB2I and C.

    I don't think the point Ron made that if everything was current it would take 5 plus years for USCIS to clear the back log is correct. If it really is the case then we are more badly screwed than any of us realise and it goes totally against the statistics the USCIS has been leaking about the number of pending cases. Which many of us have number crunched already.

    The argument that EB2-1 PD will retrogress to 2002 or 2004 does not seem to be based on numbers, but a random speculation. Doesn't not undermine vdlrao's projections in a credible way


    Spillover may not be there, or may be there but when the new quota opens up October 1st, new minimum numbers will be available for EB2-I. Worst case scenario, dates will remain static or very minimal backward movement. It looks like the black hole is the time between late 2004 and early 2005, pre-PERM.Other than saying there is massive inventory of backlogged cases, Ron has not given better/ actual numbers of likely pending EB-2 I cases.



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  • unitednations
    02-18 09:59 PM
    Aiming London shooting Tokyo that's what your reasoning looks like. There's no point in arguing\discussing based on such logic.

    You are not a messenger, you are a opponent of 485 measure, I think there is a big and clear difference between both.

    If 485 measure is not of much help, I wonder why all the poeple who have applied for 485 keep wasting there time and money renewing there EAD every year.


    Please lay out why they should allow 485 filing that is in USA benefit and the employer who is sponsoring you benefit. Employment base is not a humanitarian base greencard.

    I will list the reasons people use and then the arguments people would use against you and then you can counter it.

    1) 485 filing will allow me to change my job or get promoted and I won't be tied to my employer

    ----it is employer base system. you are supposed to work with them permanently. nothing in the law stops you from changing employers. Just get them to file another h-1b for you; get the new employer or position to file another labor for you.

    ----but the new employer I have won't file greencard or h-1b/

    ----looks like they don't need a foreigner. if they did then they would do it for you wouldnt they?

    ----i want to go back to school.

    ----get an f-1

    -----the uncertainty is killing me

    -----lucky you are allowed to stay here and wait and work. others have to wait outside usa until their number is called. you can go back home and wait for your number to get called - like spouses of greencard holders; siblings of u.s. citizens; over 21 year old children of u.s. citizens.

    -----I want to change to a totally new profession

    -----You are getting a greencard because a specific employer needs you on a permanent basis don't they? Looks like you don't have intention to work permanently for them. Nothing is stopping another employer to file a greencard for you.

    ----but i can't work for them because the job won't qualify for h-1b and they won't wait five years for the quota to get current to employ me.

    -----how come employers aren't lobbying for you? if they have to wait 5 years for you then why are we not hearing from them?

    2) I want my spouse to work. they are underutilized.

    ---- Did you know that it is a non working visa? EB greencard is to control the number of workers coming into the workforce and to not flood the market


    3) the intention of ac21 was to be free and clear of your employer after 180 days of filing.

    -------no, not really; once your number comes up and it is in the quota and we don't adjudicate it within 180 days then you can change. We still need to control the workforce and determine how many people we want to let in.
    =========================================

    One thing everyone loses sight of is that EB greencard is not humanitarian greencard. It is specific to an employer. One way to look at it is that you are not underprivileged because you are allowed to stay here and work and wait whereas other immigrant wannabes do not have that luxury.

    Now before people start raning; you need to figure out how it is in the country and employer benefit for you to get the greencard or file a 485. Your reasons cannot be against the nature and purpose of employment base greencard. If it is then it doesn't have much merit within the current law.





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  • poorslumdog
    09-04 12:59 PM
    No point in agruing with fools like you.....

    Then argu with yourself Idiot.:D



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  • knowDOL
    08-03 04:21 PM
    The comment period ended April 17th 2006. I heard, Many top companies were against elimination, probably, because they had plenty of labors using which they could attract senior and bright H-1B's. Also, I think USCIS needs to publish an elimination of substitution in this respect which will again have to go through comment period, only after all this the elimination will come into place.

    But the reason why elimination proposal came in is because of fraud and not because of unfair ness to people who are in line or FIFO because of transfer of PD. DOL and USCIS noticed that companies are sellling Labors which is fraud. There was some memo that USCIS will not publish until last quarter, soeveryone expected the rule will become effective by August September time frame. But I have not read anything as of today that the USCIS published anything in Federal register relatting substituion elimination.

    Probably we should wait and watch. My guess is that something may come by October 1st, 2006. Only an assumption.





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  • rajuram
    05-31 01:47 PM
    Do these figures include dependents??



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  • cr52401
    10-03 07:34 AM
    August 2003 is a good PD if it were EB2 and you could have stayed with your company. I heard in this forum from someone that, if the person is Masters graduate and worked in related for three years they are exempt from cap even though they applied in EB3 category. If this is true, it is good for you to stay in your current company and not try substitution. If this is not true and if I were you I would have gone for substitution.

    What ever you do, do it with good terms with your current employer, so you can come back and join them and be able to use the 2003 PD, if some thing goes wrong with your substitution. If you leave the company and join something else, if you think that you cannot join them back, then it may not worth it. Again, it depends on your personal situation, if you don't have a spouse who is waiting for EAD to work, you should not be risking this.


    Did yo umean if new law pass them EB3 is exempt from cap? can you give me some refrence. Also you must have master from us or other country is ok?
    Thank you for your help.





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  • bestia
    02-13 11:44 PM
    What rights did the Natives have in the 18th and 19th centuries when Europeans invaded their lands, and massacred most of them? Did they respectfully ask the Natives if they could immigrate? No? They walked in as if they owned this land. As a Canadian, I'm ashamed to say that this happened in my country too.
    ....

    That's an old story. The answer is: "if someone commits a crime, it doesn't give you right to commit crime".

    Why not go back and say "Well, Homo Sapiens themselves 150,000 years ago migrated to Europe from Africa and exterminated native Neanderthals. So why don't we just go and exterminate Europeans today and take Europe?"

    If it wouldn't be Europeans, there wouldn't be technological advanced United States and we wouldn't want immigrate here. We are not migrating to Kongo or Sierra Leone, don't we?



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  • amitjoey
    01-13 12:24 PM
    Members: Please - refrain from fighting about EB3/EB2.

    IV is for everybody and IV has always tried to be balanced and fair to all categories. Please read the provisions that IV is asking for.

    The goal is for zero backlog -Then where is the question of EB3 lagging behind.

    IF we get what we are asking for- ie: recapture, not counting dependants and no country quota, then there wont be backlog in any of the categories.





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  • vjkypally
    09-14 03:08 PM
    Tere Muh mein:) Ghee Shakkar:D





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  • unitednations
    02-18 08:20 PM
    I don�t get the point? If somebody comes here on visitor visa and files for 485 or people here illegally flip over to EB blah blah blah then you fix the loophole, you just don�t kill the 485 measure. If you have a brain tumor then you surgically remove the tumor. You just don�t cut of the head. Your solution to oppose 485 seems similar to that. What about the people who have been waiting for for a couple of years to get the labor and I140 cleared and cannot apply for 485 now, If you get laid off without 485 you don�t get AC21 provisions to get a similar job and the whole process is gone down the drain. Why are you worried about somebody who might do something in future when you don�t even want to bother about the people who would benefit from 485 measure right now and right here?

    As you yourself suggested people from India (eb2 and eb3) should not worry about looking at Visa bulletins for the next 10 years because at current pace it will take at least 10 years. There is no company in USA in technology field which will keep you in the same position for 10 years. And you are opposing 485 on some loophole, so if I am reading between the lines people from India who have not yet applied for 485 might as well pack there bags and go back to India. Thanks a lot for your delightful insight!!!!!


    Don't shoot the messenger.

    A couple of studies came to mind recently that don't involve immigration.

    In Florida there was a plan over 30 years ago to build an artifical reef by planting 2 million tires. Seemed like a good idea but didn't serve its intended purpose and did the exact opposite. Now, 30 years later the person who pushed to do this is saying it was a mistake. There has been so much damage caused by this and now 30 years later they want to fix it. It wasn't studied enough and it was implemented and became a disaster.

    In 1999 at Laguardia airport there was a push to allow smaller airlines some space at the airport; even though the airport couldn't accomodate more airlines/flights. There was strong opposition but they did it anyways. Since then; it takes more then 45 minutes from the time your flight leaves the gate to actually get airborn. The flight time from Laguardia versus into Laguardia has a differential of almost an hour. Now; eight years later they are going to try to fix this. Even though it has been a problem for this long. Wasn't studied or thought of carefully enough.

    ---------------------------------------------------------------------

    Some people are of the opinion that people who have EAD and 485 pending should just shut up because they are enjoying the benefits of it. Well guess what; some of the biggest whiners are the people who have 485 pending but still want to do priority date transfer; are afraid of job loss; are afraid to change jobs, etc.

    Becuase of country cap of 7%; someone filing from ROW in eb3 in 2007 will get ahead of you in line; even though you are from india and a priority date in 2001. Currently, the limitation of ROW people is that they haven't designed a system to get h-1b so they will try to go the b-1 to greencard route.

    People who want to get citizenship badly. Once they get citizenship; what is one of the first things they do? apply for parents greencard or find a spouse and file their greencard (no waiting). For people here on h-1b or greencard and they want babysitters they get their parents on b-1 and try to extend, etc., but eventually parents have to go back. Now; without priority date being current they also come into the stream by filing a labor 140/485 while they are here.

    therefore, you may have a 485 filed but if it is going to take you 10 to 20 years to get the greencard; can you hold onto a same/similar job for that long? Do you think the next step of increasing the quota will come in six months? See my example of Laguardia airport; flight jams since 1999 and now eight years later they are going to decide to attempt to fix the issue. I used to be a frequent traveller and i can't even begin to tell you how inconvenient it is for business travelers to have that type of wait.

    To give you an example; I will post an example of someone on visitor visa trying to get greencard (note; this was a personal e-mail that was sent to me;just in case there are doubters).





    Kushal
    07-27 01:59 PM
    Really... Millions... Have you checked the disclaimer in your lit pack under the 6-4-3 plan. A typical IBO makes $115 a month... Amway / BWW was forced to put this statement because of a lawsuit brought by Amway Diamonds and Double Diamonds... You can google...

    I know you will now state that "you don't want to be an average... an average corporate employee makes $30K.. etc.. etc.." (Straight from Brad Duncan's CD) I have used it myself hundreds of times on the prospects...



    By the way did you call IRS to check.. or you are just believing what Kanti / Kumar / Raj or any other Diamond told you.. Oh another thing that they regularly mention in their trainings "IRS and USCIS don't share data so IRS won't know if you are on H1 or not"... USCIS can ask for your Tax returns before granting Green Card...

    May be you have not received 1099 from Amway yet but the 1099 income on 1040 goes under a separate head "Self Employment"...

    I know you will respond with some nasty stuff but I urge you to take the emotional hat off and think rationally (which I know is very hard as I had faced the same things) about the direction that Amway is taking... especially in Indian community... Do you see many Indian faces these days in the Amway's Inspire magazine or new Rubys, Emeralds, or Diamonds...

    This is a good way to make some residual income (I still get monthly check 4 years after stopping to build it) but millions??? Not many EDCs and Diamonds make that money if you exclude the money from CDs, Books, CommuniKate etc..

    Good luck!

    I get good monthly checks every month (more then $115), and they don't seem to bounce either. And good thing it increases. Don't need to google anything while I can get from credible sources.





    hopefulgc
    02-13 02:39 PM
    I am ready to commit $25 for the initial consultation with Rajiv or some other lawyer. I have no qualms about raising my commitment if there is need.



    Even I am ready to put in $ 25 for the first consultation with Rajiv khanna or any other Lawyer IV core wants to go with. And if IV plans to go ahead with class action lawsuit as per requirement will raise my monetary commitment. please PM me if IV core plans to go ahead.



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