morchu
07-20 01:22 AM
Well.... I think I have to say... it is a choice you made, and nothing to do with a USCIS cruelty. I know guys who decided to file for 485, when his wife was in India (there by taking a chance on their personal life like spindoctor), and I know guys who decided not to file the 485 and was willing to wait for immigration rather than taking any chance on their personal life. It clearly is a choice between your chances on immigration (and maybe sometimes professional life + some monitory gain) vs chances on personal life. So dont blame ANYBODY for it, you knew beforehand, that you were taking chances on personal life. You chose to save some money (H1costs etc) and take chance of filing 485 just for yourself and thus advance probably in your professional life. And I have to say this, if you were really a "love bird" you will sometimes has to sacrifice something yourself for your partner.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
Coming to the point.
Option1. As somebody else suggested, get back to H1 (via premium.. time matters), bring your wife as soon as possible (you might have to compromise some of the tasks you mentioned for her in India), and file 485 for her on August 1st itself. YOU CANNOT FILE 485 FOR SOMEBODY WHO IS OUTSIDE US.
Option2. File for her "Follow to join", and start the process for it right away. Believe me time runs out so fast. Forget about bringing her in "visitor visa". You already know by yourself that she has "immigrant intent". Visitor visa is not meant for that at all. And chances of getting "visitor visa" for her is extremely limited.
Option3. If your wife can get a job in H1Visa / L1visa. She can come to US even if she has "immigration intent". After being here, she can file for 485 and EAD (when the priority date is current). But obviously she should obey the rules of L1/H1 to keep her status once she is in USA, till she gets EAD. Again remember that once your 485 is approved, she does not qualify for filing 485 (in employment based category). So again time "may" be critical. You can always chose to take a chance again (since your 485 "may" not get approved in August).
Option4. You can withdraw your 485, go to your motherland for now, help your wife complete the tasks she have in there, and when you are ready with your "love bird", get back to job in USA in H1 (and wife in H4), use the old priority date (since 140 already approved), go through the PERM and a 140/485 along with your wife. (PERM just takes 2 months now, and since you can have the same priority date as before you can almost immediately file your 485 after PERM approval, and there is premium processing for 140. Again this include sacrifice of some money and taking some step back in career.
It is all upto you still, the choices.
We all make some choices like this at some point in life.
-Morchu
Thanks friend. Let me chew over your advice too. Though I really hate to quit my current job. It's a nice job after all. Also, getting a quick H1 through some reputable American company will be difficult. And I don't really want to go back to desi bodyshoppers again. Also, too many job hops may jeopardize the entire GC process itself. But if this is what I gotta do, then this what I will do.
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prioritydate
07-25 10:50 AM
I know before you start blaming me for this thread, as it is of no use, I would like to point out that most of you must be experiencing the same thing. I didn't care much for Visa bulletin until it became current for EB2 two weeks back. As the time progress, I am doing all sorts of things, like checking USCIS case status, and checking everything that can possibly give me some information. I know that it is waste of time, I know it is not good for health, I know that I will get GC when time comes, but still, my mind is tricking me to think about it. I checked all these forums until 2A.M last night. I am not having enough sleep. I am waiting for a opportunity to get rid of my desi employer. I am really getting frustrated (I am not saying that I have been waiting for GC approval desperately). I just want to share my frustration and what I have been going through. I know I am in a better position than most of other people whose priority date is not even current. I wish they never dangled a carrot in front of me. I am not sure if they disappoint me next month, but I am still keeping my hopes. Hopefully, I would get over this and have enough sleep from today.
Libra
01-11 08:24 PM
26000 members but only 33 voted so far, come on guys we can do better than this. spend 5 mins on weeked and send your letters to President and IV.
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smuggymba
04-29 09:39 PM
Perhaps, USA can levy another "fee" on H1-B folks to cover up the fighter jet deal loss just like they levy the mexico border protection fees on H1-B's.
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
Obama and USA should know that they can not cover every expense in USA by levying fees on H1-B folks. It's disgusting.
Which country in this world charges high skilled ppl to pay for their border protection?
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anu_t
08-22 01:58 PM
I am really surprised. Why would it EB3 go back to 2001.
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
I have just applied for my labour. So I can apply for 485 only after 5/6 years?:mad:
spicy_guy
08-02 12:58 PM
Every employment based immigrant who aspires to settle here in US to realize their American dream for their kids better future like the way you think.. if America doesn't welcome him, he will look for competitive job in some other country where he is welcomed or he will go back to his own mother country... if you don't promote the insource of worlds best talent in to US economy...that job will be outsourced for sure in couple of years...young talents on the other side of the planet are working like rocket scientists with innovative engineering brain to keep their economies rising to reach number one position in the world...if you observe the salaries these days in India and china..they are on par with US jobs and more in some companies..there will be no stand to mentality of the people once they struggle for their existence with the job and other issues in the life...it goes with money mostly......if you think on the other side like if govt welcomes those same young talents who can create jobs and can help US economy to continue its journey with out putting per country limit for in sourcing the talent..:cool:
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
If Indian bureaucracy is improved, corruption is drastically reduced and transparency is increased, India is the best place. But will this happen with this corrupt minded, useless and nasty politicians?
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raj_k
07-08 03:02 PM
07/08/07 2:45 PM EST : FOX News interviewed the attorney who filed the first suit on the Visa date fiasco on behalf of a Polish woman in the Chicago area. The anchor started off the interview by making a reference to "hi tech workers" and that some of these folks were in the British terror plot !! "Why are you filing the lawsuit when your client can apply for the GC in Oct?" !!Anyway, the attorney was quite articulate in explaining the issue. Guess who followed the attorney ... Rep Tom Tancredo who called this a "minor inconvenience" before stating he wants all immigration to be halted!!
Ignorance rules the debate .. hardly any surprise
Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?
Ignorance rules the debate .. hardly any surprise
Did anyone watch Fox News just now? How come the senator did not mention the inefficient process of adjudicating the applications?
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gbarquero
08-31 09:44 PM
I've called several members and I am dispointed of them just saying "no.... I can't..."
But they all have time to be in the forums everyday asking for help, asking questions about dates, receipts, etc. It just doesn't make any sense that they have the chance to do something about it, they don't have "enough time for it"
But I am sure, they all complaint about how long is taking and all the money they have to invest on attorneys.
But they all have time to be in the forums everyday asking for help, asking questions about dates, receipts, etc. It just doesn't make any sense that they have the chance to do something about it, they don't have "enough time for it"
But I am sure, they all complaint about how long is taking and all the money they have to invest on attorneys.
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Googler
07-07 08:36 PM
i saw it on TV . there is 10 ot 15 sec clip of some one asking Condoleezza Rice about this fiasco . which program was that on nbc ? any one has any info on it ?
Transcript of relevant part here
http://immigrationvoice.org/forum/showthread.php?t=6206
Transcript of relevant part here
http://immigrationvoice.org/forum/showthread.php?t=6206
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24fps
02-27 05:36 PM
Define "unprofessional" and how it applies to the replies here?
In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.
What the hell are you talking about and what are YOU smoking?
Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.
Again, if you don't get the difference between the tone of a professional response against a personal opinion based lash-back then thats your problem not mine :)
In what part of the world is standing up against drug peddlers and traffickers is limited to "personal" interpretations of moral? Drug laws are not intended to satisfy some lawmakers personal morals, but it is there because selling drugs is illegal regardless of what yours, mine or anyone else's personal moral fabric is.
What the hell are you talking about and what are YOU smoking?
Listen kid, i don't wanna get into a mud slinging immature tough-behind-the-keyboard match with you, i've seen you respond in here and its funny how you keep using the same line over and over again, lol.
Again, if you don't get the difference between the tone of a professional response against a personal opinion based lash-back then thats your problem not mine :)
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nrk
10-29 05:52 PM
My info pass appointment is tomorrow.
when is ur info pass appointment?
when is ur info pass appointment?
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desi3933
02-25 03:42 PM
Sheila -
I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.
Your original post on 12/12/2008
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Your post after editing on 02/23/2009
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
It seems that you have changed position after my posting.
Have a good day!
I noticed that you edited post (Re:CA) after my post suggesteing CA is equivalent to Bachelor's program.
Your original post on 12/12/2008
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. Also with AMIETE.
Your post after editing on 02/23/2009
Almost all holders of the CA have a 3 year BCom. We have had, as far as we know, 100% approvals (for only a few cases) showing the CA = US Masters with the proper documentation and a professor's expert opinion letter. However the strong evidence points to the equivalency being a BA.
It seems that you have changed position after my posting.
Have a good day!
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baburob2
05-22 04:46 PM
Guys,
I am trying to mock the bill. Cant we take a joke?
I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.
Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.
But dont let your hopes down because of a sarcastic comment on the bill. Take it as a joke or ignore it.
plz don't make jokes of that nature. lots of hopes/prayers/hard work are put in your direction. wouldn't like you guys to loose focus or hope. fight till the end.
I am trying to mock the bill. Cant we take a joke?
I have been to DC 4 times this year in 2007 and I or other core group members are not going to give up on amendments. And Aman has been there every 2 weeks. I am not kidding. He has been there either on Mon-Tue or Thu-Fri 2 times each month doing meetings in Senate offices and educating and finding sponsors. We are not going to give up now after all that hard work just because the bill is ridiculous.
Just because I am taunting the injustice of the bill doesnt mean that I or others have given up. WE ARE in position to put in amendments. How much, I dont know. But pretty sure that we will make a good amount of difference.
But dont let your hopes down because of a sarcastic comment on the bill. Take it as a joke or ignore it.
plz don't make jokes of that nature. lots of hopes/prayers/hard work are put in your direction. wouldn't like you guys to loose focus or hope. fight till the end.
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micofrost
06-02 01:55 PM
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sundar99
02-26 09:28 PM
Folks,
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask students from china to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
Not sure if this is a good idea, 1. Either to put a English note on How chinese is affected because of EB Visa Retrogression ? and pass the website and email id to join ?
Or get a person to translate it into Chinese and put it up in Ranch 99 - Milpitas, berkley, Fremont, Sanjose ? Ranch 99 is a popular place among chinese network to buy vegetables and well networked among chinese !
I am assuming there must be similar network of Chinese Shops in other cities !. I am going to ask students from china to post it in their internal mail aliases for wide coverage !
Some thoughts on this ? ALSO _ Indians perhaps can talk to Silicon india, then other Bay Area local newspapers to publish it ? - Put it up in Komala Vilas, Udupi, etc ?
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lazycis
12-20 02:10 PM
There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
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Sheila Danzig
12-04 10:49 AM
EB2 cannot combine education or work experience. It must show a single source degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Note the following information from the 2006 annual conference of the American Immigration Lawyers Association (AILA) in San Antonio, Texas. "For employment-based immigrant visa purposes (aka green card), the U.S. Citizenship and Immigration Services (USCIS) will not equate a three-year diploma plus a post-baccalaureate diploma as being the equivalent of a U.S. Bachelor's Degree for either EB-2 or EB-3 classification. Additionally, the USCIS does not accept a combination of academic background and work experience as being the equivalent of a U.S. Bachelor's Degree for "green card" purposes"
This can be done for EB3 IF it was stated on the labor certificate.
Santa,
Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
H1Girl,
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
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chanduv23
03-26 01:47 PM
one doenst have to argue but can definitely question why its not there on their website if its not htere..they just cant decide one fine morning to just start as king for stuff...
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
I agree. They have to follow well set guidelines.
I would say - those having issues must all get together and write to the Authorities asking them to update rules on website and not arbitrary.
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coloniel60
08-15 05:04 PM
To
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
You think they will stick to the 90 days estimate if none of us refile?
"Folks who are Re-Filing just out of anxiety",
Do you realize that this duplicate App is going to increase the turnaround from 90 to 120 days ?
Please put some thought man - USCIS clearly said that FEDEX/USPS signed receipt is acceptable proof for EAD/AP filing in one of the FAQ's so if its get rejected out of USCIS error you can refile later.
SuperUsers and Moderators - What is your take on this ??
Thanks,
You think they will stick to the 90 days estimate if none of us refile?
prince_waiting
05-18 12:48 PM
Quotas are exactly the reason I cannot go back to India ever...I absolutely hate them....There is already classification under EB category....BTW I have a MS in EE from Auburn University....Best bet for us is lost visa recapture.....
jasguild
07-17 09:17 AM
I would not call you pessimistic. You are SELFISH. Sure you do not share the same enthu because this announcement does not offer you anything. Grow up and feel for others. Everyone knows that there will be a backlog and that is an issue we have to deal with once we get there.
I wont even get in a pissing match with you. YOu are free to believe what ever you want.
if you read my post you will see my concern is about the system not working.
I can make a similar argument about you and others. You are so concerned about your benefit today, that you dont see the harm it may do to H1b holders and future candidates for I-485.
If it makes you feel good you can fly to washington and thank them for the blessings after the announcement. So whatever makes your boat floats...
jasquil
I wont even get in a pissing match with you. YOu are free to believe what ever you want.
if you read my post you will see my concern is about the system not working.
I can make a similar argument about you and others. You are so concerned about your benefit today, that you dont see the harm it may do to H1b holders and future candidates for I-485.
If it makes you feel good you can fly to washington and thank them for the blessings after the announcement. So whatever makes your boat floats...
jasquil
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