pmpforgc
10-10 09:24 PM
Friends
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?
(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.
(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.
(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?
(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
Your experienced help is Gretaly appreciated in this developing situation.
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?
(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.
(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.
(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?
(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
Your experienced help is Gretaly appreciated in this developing situation.
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h1techSlave
03-17 05:22 PM
Getting Bernanke/media support will never be an alternative to IV efforts. They will, at best, complement it.
I stand corrected that we still need to send letters and faxes to Senators and Bush. But a little push from the Fed won't hurt IV's efforts, would they?
I stand corrected that we still need to send letters and faxes to Senators and Bush. But a little push from the Fed won't hurt IV's efforts, would they?

cjain
12-14 03:22 PM
bump
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alterego
02-01 02:13 PM
Logiclife,
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
Below is a recent story on travel on AP. I see many posts where folks are asked at POE by CBP offcials if they are still working from the petitioning employer.
Can you advise why CBP officers are even asking to several AP travellers if they are still working for the GC petitioning employer?
My situation: I am not working for the petitioning employer anymore and dont have an attorney as well and so need to get prepared to answer the CBP officails why i am not working for the petitioning employer at POE and you know, CBP officails dont understand AC-21 etc
Please read below.
================================================== =
japs19
Junior Member Join Date: May 2006
Posts: 22
My story...
--------------------------------------------------------------------------------
I feel like sharing mine as mine is the most horrifying.
After scanning my expired H-1 and reviewing my AP, I was sent to "secondary check" where they ask you few questions and verify the authenticity of the documents.
I was asked if I work for the original petitioner? I said no, currently I work for another employer. I showed them my H-1 approval (I-797). The CBP officer was about to stamp my AP and he was told by a "side-kick" that I have to be employed at the same employer otherwise what is the guarantee that I will go and work for that employer. I calmly explained the fact that GC is for future employment and per AC-21 I can change after 180 days. The CBP officer said wait here and then he walked in to some room. He returned after 20 minutes and I was told to go and wait and other officer will take care of the situation. From one officer to another and another to another. I was asked if I am trying to do any fraud. Finally after 5 hours of questioning, I somewhat lost my temper and told them that either send me back to home country or let me go. So after making few phone calls, they concluded that they don't have access to all my records on their system and it is very gray situation so the office in downtown will take care of the situation.
They took my passport, AP, H-1 approval letter and told me to go to downtown office after 30 days and they will decide what to do.
My lawyer was kind enough to accompany me as she was also upset with their act. When I went there, we were rudely asked completely out of place questions which had nothing to do with whose employer I work for or anything and I was told that "I" confused CBP officers by showing AP and H-1 and I should have just shown them AP and everything would have been fine. I am the culprit and I choose to get myself in trouble.....
I said nothing and just saw him stamping my AP and walked out. I don't know what to conclude out of it. But A friend of mine had valid H-1 and AP and they asked "has any one applied for AOS for you?" he said yes. They asked him to show 485 and AP if he had and same story,,,one officer to another and another to another which lasted for 3 hours and finally his H-1 was stamped.
So, again I am not sure what they are trying to get out of this but this is happening at the airport. I am not trying to scare anyone but just be prepared to deal with such situation and keep in mind that you are not doing any fraud and keep the honesty.
I don' think they should have been rude. However they do have a point. He should NOT have shown BOTH H1b visa and AP. You can enter on one or the other.
I have entered on AP previously and my experience was very good. Only thing is you have to undergo that "secondary inspection" process where they have to verify your pending status details.
When you hand them both, you might feel you are doing it in full disclosure,
however they perceive you are not clear in your intentions. When you show them your AP, their main verification is, whether this 485 case is still open and pending. With H1b they want to know if you are working for your visa petitioning employer.
The morale of the story is, if you have availed yourself of AC21 and moved into another job, you must use AP to reenter, either that or if you moved with a H1 transfer you can use that, however, presenting your old H1b is asking for trouble. H1b is employer specific. We always need to remember that. AP is not.
more...

gunabcd
05-24 03:10 PM
I'm surprised that everybody in this thread got so scared of the language in a stupid bill and stopped thinking how clever Indians are in finding loopholes. I hate when all the extra-ordinary people think in the same direction. To start with, is it possible that these jokers will pass anything agaist the will of big techs like microsoft, intel, csco, think again? even if they did to make average(stupid) Joe happy, they wil keep loopholes making the law irrelevent. e.g. H1 quota limited but L1 unlimited. businesses more than 50 emps can not have more than 50% H1Bs, what do u think big desi consulting cos are in trouble? they will simply 10 more companies each having 49 people.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
Other direction: when i came to US in '99 from SEEPZ, my US salary(in Rupees) was 12 times my indian salary, now it's just 2 times. Indian salaries are increasing 10-20% every year, and Dollar is going down (down 20% in 6 years, 40% including indian inflation), very soon there will be no advantage in coming over here, and you are worrying about future H1s having trouble getting GC?
No matter how stupid and selfish politician look/sound they always think about their contries future, and folks these are US politicians. take it easy and take a walk outside, it's nice out there.
windingroad
03-02 02:23 PM
Have we considered putting up ads in Indian/Chinese community
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
more...
bluekayal
10-11 11:34 AM
According to BCIS (spoke to them yesterday), the Schedule A apps filed before retrogression will keep getting processed, because they were filed when Schedule A was current.
I take this with a pinch of salt. Can anyone who filed 140/485 last year before retrogression hit EB 2, please post your experience? Have 485s after 2003 been approved?
thanks
Bluekayal
Friends
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?
(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.
(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.
(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?
(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
Your experienced help is Gretaly appreciated in this developing situation.
I take this with a pinch of salt. Can anyone who filed 140/485 last year before retrogression hit EB 2, please post your experience? Have 485s after 2003 been approved?
thanks
Bluekayal
Friends
I filed My concurrent I-140 and I-485 in Schedule A Group-II , EB-2, Exceptional Ability in Arts and Sciences Application with USCIS recipt date of AUGUST 24, 2006 for both I-140 and I-485?
(1) My I-140 is yet not approved I had asked my attorney to do premium processing. In this new situation should I go for premium processing or hold it back as they will not process my I-485 due to un availability of numbers in Schedule A.
(2)With current retrogession in Schedule A in November visa bulletin What will happen to my I-140 and I-485 processing.
(3)If Schedule A categorey ends after 10/5/2005 as indicated in November visa bulletin what will happen to CASES like mine which were filed after that? does they get transfered to EB-2 ( or EB-3) with their filing dates, set as priority date?
(4) Does establishment of date of 10/5/2005 in NOVEMBER visa bulletin means that they will still process application that they accepted till this NOVEMBER-2006 .
Your experienced help is Gretaly appreciated in this developing situation.
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Green.Tech
02-23 11:23 AM
Let me guess, you are a pakistani terrorist. Now you are jealous that how come an Indian muslim win 2 oscars? How will you give out your hateful message to other pakistanis terrorists that indian muslims are being torchured, so you have to "save" indian muslims. Too bad, no pakistani got an oscar. I know why, because the terror capital of the world is going down the drain pretty fast.
.
Cool down, Sanju. I am a little surprised to read your flaming post, which buddyinfo didn't deserve. He/she didn't allude to anything that you are talking about. Usually, you write sensible posts. I will leave it at that.
.
Cool down, Sanju. I am a little surprised to read your flaming post, which buddyinfo didn't deserve. He/she didn't allude to anything that you are talking about. Usually, you write sensible posts. I will leave it at that.
more...
loudobbs
10-24 11:16 AM
I ve heard of problems with online status with TSC.
may be TSC is updating statuses weekly or something....
may be TSC is updating statuses weekly or something....
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wellwishergc
01-18 08:10 AM
I was trying to donate some additional money. Got an error. Please check the error. I have also urged my colleagues to contribute.
more...
ngopalak
06-13 12:55 PM
LazyCIS,
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
====
i AGREE ..you should find another lawyer the DA respects
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
====
i AGREE ..you should find another lawyer the DA respects
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PD_Dec2002
06-28 04:09 PM
Once again. You will get an EAD ONLY if you filed form I-765 along with your I-485. Your I-140 has no bearing on your EAD.
Thanks,
Jayant
Thanks,
Jayant
more...
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unitednations
04-20 12:08 PM
it is the job profile that dictates whether the case is eb2 or eb3 - the applicant should meet the criteria for the job. not the other way around.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
Sure. h-1b is now; labor is what you are going to do when greencard gets approved.
try telling a consultant who is qualified for eb2 that the job dictates it is eb3 and they won't sleep or eat -:).
Reality of the process and how it works is quite different. If you really wanted to pick on things; DOL assessment of education and experience dictate that all of the IT positions should not require more then bachelors and four years of experience (ever IT labor filed with eb2 requirements it to be answered that the job requirements are NOTnormal for the positoin.
If companies don't want to file eb2 then employee will not stay (they cannot fathom waiting 10 years for greencard).
Maybe people don't want to hear this but that is reality of the situation.
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wahwah
09-12 09:49 PM
welcome to the world of retrogression. it is only going to get worse from here on out.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
with the deluge of filings in june/july and aug. this year....the retrogression will get worse. USCIS will not make the same mistake again.
How the hell can all the catagories after EB3 be current yet EB3 be back logged???? By rights they should be unavilable until we are current.
This is just so unfair.
i can not put in to words just how anoyed i am right now.
more...
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mariusp
11-01 08:40 PM
I just renewed mine today (FL). It was the regular drill: passport, i-94, social security card (optional) and that's it. My new DL will be in the mail in 30 days. In the meanwhile, they gave me a paper one.
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getgreensoon1
05-10 08:06 AM
Try to respect others and feel sorry about their situation.
Try to respect people who are trying to 'buy' an MS degree for the purpose of greencard ? Instead of feeling sorry for their situation, you should feel sorry for the legit EB2 applicant who these guys screw up by taking this backdoor approach.
Try to respect people who are trying to 'buy' an MS degree for the purpose of greencard ? Instead of feeling sorry for their situation, you should feel sorry for the legit EB2 applicant who these guys screw up by taking this backdoor approach.
more...
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GCNirvana007
04-08 03:00 PM
EB3 became unavailable, EB2 no movement.
I am planning to create a new USCIS hate club. Members????
:p
I am planning to create a new USCIS hate club. Members????
:p
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kshitijnt
05-01 09:48 PM
For those of you who qualify, HSMP , I think is a much better option. There in UK the permanent residence is not dependent on employer and you can do your own consulting. Typical bill rates are 350 to 600 GBP per day based on skill level and years of experience.
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amitjoey
07-13 05:37 PM
New members:
Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...
Thanks a lot...
Who is first?
||||
Please contribute now.... Nothing is free here. Even to maintain this web-site it need money.. Think how important information you get just by joining IV. And guess what if we would have minimum fee to join IV, lots of us would have paid it. But IV is so kind enough that they don't ask money to join it. But now it up to us if we want to contribute. New members and old members who haven't contributed yet please contribute now...Show that you are not free rider and you care about IV...
Thanks a lot...
Who is first?
||||
gccovet
08-14 11:31 AM
Hi,
I am also in the same boat and waiting for the approval as I have recently took a new job with EAD. Yesterday I called USCIS to check what the options are if I don't get my EAD in 90 days. The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.
"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"
I have no clue???? What to do, friends please share your thoughts on this.
Hope you noted the officers's ID number. if not, call again and see if you can get similar reply with some other officer. If you get the reply, try to get it in writing and also get the officers ID number, note the date and time.
GCCovet
I am also in the same boat and waiting for the approval as I have recently took a new job with EAD. Yesterday I called USCIS to check what the options are if I don't get my EAD in 90 days. The customer service representative told me to take an info appointment further to get the Interim EAD. I have explained him that local offices are not giving Interim EADs and surprisingly he told me the following thing.
"You can continue the work with I765 receipt notice provided your employer is OK to continue and told me to provide the receipt notice to the employer as a proof of your application is in pending. As I am surely aware of the fact that in order to continue the work we must have an approved physical EAD. I was totally surprised and asked him "Are you sure?? can we continue the work with the receipt??", he replied "Yes and only if your employer agrees for that!"
I have no clue???? What to do, friends please share your thoughts on this.
Hope you noted the officers's ID number. if not, call again and see if you can get similar reply with some other officer. If you get the reply, try to get it in writing and also get the officers ID number, note the date and time.
GCCovet
vin13
04-08 03:02 PM
EB-3 unavailable until october when the next fiscal year begins :(
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