gsc999
08-31 02:45 PM
Wear the Gear:
California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)
I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.
Flaunt that Flag:
We are ordering American flags and California state flag for the rally.
Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.
Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.
California, thanks for showing your support! If you are on the fence and still deciding to attend the rally or not. Do what the sheep did, jump the fence and put the issue to rest or sleep :)
I ordered my IV T-shirt, it looks cool, with California printed on the back. It takes a couple of days in the mail so order now. I am excited about the event, it would be fun.
Flaunt that Flag:
We are ordering American flags and California state flag for the rally.
Who wants to carry the California state flag at the rally:)? This is an honor so who ever volunteer's first gets to hold it and probably get on TV. You will represent the Silicon valley.
Guys in Nor. Cal. Can you help me carry some stuff to DC? I have some T-shirts I need to get to DC.
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qualified_trash
12-13 03:50 PM
Guys,
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Don't take it otherwise... I will NOT do anything against anybody.
That previous person (whose name was mentioned on this approved labor) already had left this employer in 2004...so there is no one getting hurt if this employer is offering me that labor.
- My question still remains : Is it necessary to go for labor substitution to use this approved labor (showing the name of old consultant)... OR ... Can it be possible to file I-140 straight with my profile against this labor....?
Hope you now understand my points & will give me sincere advises.
waiting for your help....
gmatch,
speak to a lawyer and stop responding to people on this thread!! everyone pontificates. all the people who are screaming from their rooftops here about ethics etc., would readily accept an offer of reusing a previously unused LC if their employer gave them the option.
just my 2 cents.
Berkeleybee
02-15 09:38 PM
Feb 15, 2006
Today, four members of IV met with 3 staffers from Dianne Feinstein’s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator’s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting – they were riveted through out – asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
• They all said they learned a lot from our presentation – the people who deal with immigration problems on a nitty gritty daily level didn’t know the big picture on legal immigration, and the field representative didn’t know anything about the particular problems of legal EB immigrants.
• The field representative said she had had three meeting with immigration related groups that day already, and that the Senator’s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
• They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn’t know about our problems??? No! We need to get the word out.
2.Content
• They repeatedly said they were impressed with our presentation (go check it out).
• They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
• They liked the fact that we printed and bound two copies of the presentation to give them.
• We also gave them copies of our tri-fold brochure
• We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html
e) President’s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
• We decided to keep in touch – I will follow up on the feedback they get from the Senator’s DC staffers.
• They wanted to know more about how our meetings with other lawmakers are going.
• I offered to act as source of facts and examples for their office on these issues – since I have read the relevant documents and data carefully.
• They suggested that we keep reaching out to members of the House – especially those who are in states without a lot of tech sector firms – those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
• Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker – they do this all the time, and are friendly, easy to talk to, it is their job to listen to you– just put yourselves in the mindset of someone telling a story to a friendly audience.
• Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
• Do a dry run of the talk, so that you build a narrative patter to go with the slides – this worked really well in this meeting.
• Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide – for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha’s experiences with layoffs and partner not being able to work
• Ask how you can follow up with them, what they would like you to do
• Write to thank them for their time and reiterate your basic points
So people from other states – come on lets go!
Today, four members of IV met with 3 staffers from Dianne Feinstein’s office in San Francisco.
Two constituent services representatives, who deal with immigration problems on a daily basis (helping people with labor cert, I-140, I-485, security check etc problems) and one assistant field representative who interfaces with the Senator’s staff in DC on a whole host of issues.
We spent 1.5 hours with them. We went through our presentation, answering questions and giving examples all the way. Then we spent some time talking about how they could help us, suggestions about what IV should do, and how we could work with them. All in all it was an excellent meeting – they were riveted through out – asked lots of questions and were very supportive.
TAKEAWAYS
1.Getting the Word Out to Lawmakers
• They all said they learned a lot from our presentation – the people who deal with immigration problems on a nitty gritty daily level didn’t know the big picture on legal immigration, and the field representative didn’t know anything about the particular problems of legal EB immigrants.
• The field representative said she had had three meeting with immigration related groups that day already, and that the Senator’s staff has been hearing about immigration a lot BUT this was the first time she was hearing about legal skilled immigrants!!
• They thought our goals were reasonable and that they would be supportive. They thought we should reach out to as many other lawmakers as possible
BOTTOM LINE: Do you want favorable legislation not to pass simply because people didn’t know about our problems??? No! We need to get the word out.
2.Content
• They repeatedly said they were impressed with our presentation (go check it out).
• They liked the fact that we had an easy to read table which showed which of the current bills addressed some of our goals.
• They liked the fact that we printed and bound two copies of the presentation to give them.
• We also gave them copies of our tri-fold brochure
• We also gave them a number tabbed, bound copy of the following
-Must Read Documents on Legal Skilled Immigration
a) CIS Ombudsman's Report:
http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf
b) GAO Report on Backlogs at USCIS
http://www.gao.gov/new.items/d0620.pdf
c) Exec Summary of NAS Rising Above a Gathering Storm
http://fermat.nap.edu/catalog/11463.html
d) How Visa Date Cutoffs Are Established from July 2000 Bulletin
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html
e) President’s Economic Report: Chapter 2: Skills for the U.S. Workforce.
http://www.whitehouse.gov/cea/ch2-erp06.pdf
3.Action Items
• We decided to keep in touch – I will follow up on the feedback they get from the Senator’s DC staffers.
• They wanted to know more about how our meetings with other lawmakers are going.
• I offered to act as source of facts and examples for their office on these issues – since I have read the relevant documents and data carefully.
• They suggested that we keep reaching out to members of the House – especially those who are in states without a lot of tech sector firms – those are the people who are least likely to know about our existence, let alone our problems.
BOTTOM LINE: I will keep in touch with all three, sharing talking points and getting feedback.
4. Lessons for future meetings with lawmakers/ Lessons for other states
• Do not be intimidated by the idea of initiating a meeting with the staffers of lawmaker – they do this all the time, and are friendly, easy to talk to, it is their job to listen to you– just put yourselves in the mindset of someone telling a story to a friendly audience.
• Get organized, print and bind copies of the presentation and additional docs listed above to give to them.
• Do a dry run of the talk, so that you build a narrative patter to go with the slides – this worked really well in this meeting.
• Whenever possible use examples from the experience of the IV members present to illustrate the point in the slide – for example when we were doing the I-485 Life with and Without Slide, we used Ollie and Neha’s experiences with layoffs and partner not being able to work
• Ask how you can follow up with them, what they would like you to do
• Write to thank them for their time and reiterate your basic points
So people from other states – come on lets go!
2011 Palm Tree Tattoo
Legal
06-10 04:59 PM
I 100% agree with you about visa capture...
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
Additionally, they can "spill over" only in the last quarter...
So all in all, I do not see much of GC approval till the last quarter of next fiscal year; those 120k preadjudicated cases will sit in show case....
I used to like Ron Gotchers ideas and used to visit his site/blog; but after initial few months, I realized that he does not know any more than any of us...he just throws in ideas; some of which are completely base less....I feel bad about those people who believed his ideas and opted for CP while USCIS has already preadjudicated large number of applications....(he predicted at that time that July fiasco will happen every year, so do CP)
I agree with your comments about "things not adding up".
Not sure about any language specifying spillover can occur only at the end of the year.
Doubt if there is anything in the law that prevents spillover to be used every quarter.
more...
GCAmigo
12-21 09:31 AM
Atleast someone is hearing our voices.
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
Does H4 to H1 conversion counts H1B numbers right?
:confused:
-Madhu
YES it falls under the dreaded cap!
ramus
07-06 02:42 PM
Very good develpoment..
Thanks for all hard work.. Guys lets help core members with whatever they need.
Thanks for all hard work.. Guys lets help core members with whatever they need.
more...
Dhundhun
01-10 07:15 AM
IV friends,
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
Sub: Immigrant requiring info on Maternity insurance.
I need information about maternity insurance** in Texas (in particular Dallas). Your help and advice is highly appreciated.
What are your inputs on Maternity Advantage, I got this information from Pregnancy Insurance.org
Also please provide me info, if any, on hospitals which provides maternity insurance.
Any thoughs, suggestions, guidance, & information would be considered helpful is highly appreciated.
Thanks in advance.
Thanks,
Shamu
** for pregnant with individual health insurance which does not cover maternity.
What I know about America that if you don't have money, hospitals are supposed to take care, if you have money, hospital will squeeze every penny.
Once I spent over a month trying to find solution: Could not get: for a female it seems to be mandatory having maternity insurance otherwise, after pregnancy, no one insures.
I thinks people lack information in this context, so you are not getting responses.
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ragz4u
04-01 03:15 PM
Sent fax #10
more...
gveerab
12-29 05:39 PM
You cannot change employer and keep I-140 if you have not filed I-485 yet. You will have to start the GC process anew if you change the jobs now. So wait untill you apply for I-485. Wait 180 more days after that and you are free to change jobs if your new job is same or similar to your current job.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
As you started your GC just now, it's OK to switch the employer and start the GC process once again. If your new employer is ready to start GC process and ready to offer good package, go ahead and take. Don't even think about any other things. If you have to pay for your GC, you need to work on the pros,cons and expenses.
As the dates retrogressed so badly, there will not be any difference if your PD changes by couple of months.
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yagw
08-20 02:26 PM
Expedite request approved yesterday. Hopeful.....
how did you expedite?
how did you expedite?
more...
nrk
11-11 02:14 PM
Congrats,
The first part is cleared out for you.
I don't have enough experience to comment on the other issue.
All the best
Hi folks,
We had the appt wt infopass the other day.I guess it was just like others,some kinda error and that happened opening the SR wt TSC.They said our case is preadjudicated.and said we may want to check on the case by making an appt wt the center but maybe NOT calling and opening a service request.What a waste of time n energy, all the agony we had to go through!!
NOW guys i have some other issue/question to ask u all.
After the EAD is approved do u necessarily have to be working for the same employer who sponsored for you? Ours is like future appointment.The USCIS wanted some docs from us this June re the appontment/work related.And yesterday when we asked that officer she said our case is preadjuticated as of Oct 2009.So far we have taken couple of paychecks frm the sponsoring company.But then we have our own small business also that has kept us going.And we were thinking of taking more paychecks after the GC is approved.Does that make sense to you guys? or are we at fault?
PLS Suggest??
The first part is cleared out for you.
I don't have enough experience to comment on the other issue.
All the best
Hi folks,
We had the appt wt infopass the other day.I guess it was just like others,some kinda error and that happened opening the SR wt TSC.They said our case is preadjudicated.and said we may want to check on the case by making an appt wt the center but maybe NOT calling and opening a service request.What a waste of time n energy, all the agony we had to go through!!
NOW guys i have some other issue/question to ask u all.
After the EAD is approved do u necessarily have to be working for the same employer who sponsored for you? Ours is like future appointment.The USCIS wanted some docs from us this June re the appontment/work related.And yesterday when we asked that officer she said our case is preadjuticated as of Oct 2009.So far we have taken couple of paychecks frm the sponsoring company.But then we have our own small business also that has kept us going.And we were thinking of taking more paychecks after the GC is approved.Does that make sense to you guys? or are we at fault?
PLS Suggest??
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asdfred
04-14 03:03 PM
what is that single document that will define legal status of a person?
visa stamp is what ppl presume..is indicative of status..we all know that it is not.
I 94..to some extent unless you changed status to H1 from F1 and did not go for H1 stamping..then you have to show the I 797 approval form..now..where will this madness stop
now how can a cop understand and verify all of this crap..and anyway..they give out licenses to only legal residents.
visa stamp is what ppl presume..is indicative of status..we all know that it is not.
I 94..to some extent unless you changed status to H1 from F1 and did not go for H1 stamping..then you have to show the I 797 approval form..now..where will this madness stop
now how can a cop understand and verify all of this crap..and anyway..they give out licenses to only legal residents.
more...
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chanduv23
03-21 12:55 PM
Hi,
I am from Upstate NY.
Bidhan
I am in NYC. Shall we team up?
I am from Upstate NY.
Bidhan
I am in NYC. Shall we team up?
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yestogc
06-09 08:03 PM
Well written, but there should be some basis for the numbers that are quoted.
more...
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admin
02-16 09:41 AM
Once again CA is leading the way for the rest of us to follow. Thanks for posting the detailed minutes of the meeting and the follow up.
Everyone, please note how easy it is do it and how much effect it has.
Everyone, please note how easy it is do it and how much effect it has.
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nag2007
10-11 04:31 PM
PERM started after March 29 2005. I had file before that because of my 6 yrs H1b Limit.
more...
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vz2kl
12-21 11:20 AM
Houston Indian consulate is horrible. Just horrible. They are rude and totally anti-customer friendly. It is unbelieveable how rude they can be. I have tried to contact him numerous times in my last 10 yrs in US and never was I able to get a reply to my emails/faxes or phone calls. I had trouble when i was an indian citizen and had to renew my passport, had trouble when I had to get tourist visa, had trouble when i had to get my indian passport cancelled and trouble when i had to get some misc. services for my daughter. They keep changing rules (example they changed the way they give tourist visas to people of indian origin, they changed the rules and prices to even just surrender the passport).Everytime my only option was to drive all the way to Houston and be at the mercy of their rudeness. I do not see any point in External ministry of india helping because they are equally worse. It sad and dealing with beauracracy is just a part. The whole problem is that they are not accountable. I dont even know whom to complain for the fact that I cannot even get somebody on the phone and have to drive all the way to Houston just to get a minor question answered.
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gc_chahiye
09-26 04:59 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
this is indeed problematic. I hope someone comes up with a good workaround, the only thing I can think of is:
- start another PERM asap.
- go ahead and respond to the RFE trying to explain what you have mentioned here. It'll be hard as technically you got your degree in 2002 (ie. you completed all the rquirements and got the cert)
- if you get a denial, file an appeal, that buys you some time.
- during that time hope your new I-140 comes through (for the PERM you are starting now) and then interfile that I-140 to your existing 485
I dont know if doing an MTR on the 140 will also keep your EAD alive...
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godspeed
11-03 01:36 PM
no, its called covering our behind, if in future something comes back to bite ;),
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
As long as your orig employer does not complain(which i hardly doubt anyone will do) you are fine, worst case scenario if someone does, then its not a big hurdle to cross with an able attorney's help.
Just to put your mind at ease, i have several friends(not friend-of-a-friend) who had quit at various intervals (1-2-3 months) after getting their GC's and haven't faced a single issue while in process of becoming a citizen.
In short its better to be safe than sorry so these attorneys suggest staying for atleast 180 days.
If that is the case, then why is it that all immigration attorneys are asking us to stay with our current employers citing this "Intent" thing? Are you saying that it's all smoke and no fire?
sairam
11-10 12:01 PM
July 2 filer - receipted fromTSC, received EADs - awaiting FP for both me and my wife (no SR opened yet). No AP Yet.
lotsofspace
01-04 09:45 AM
I wish....;)
Don't wish it loud......it might just come true :)
Don't wish it loud......it might just come true :)