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  • immig4me
    09-07 08:40 AM
    I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.

    If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.

    Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.

    Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think





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  • ssksubash
    09-30 02:29 PM
    Thank you all for your suggestions. I was wondering if some one had more info in case the perm gets denied.

    Thanks,





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  • santa123
    06-21 09:27 AM
    I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!

    All the best.
    Best Regards

    Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?





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  • sreekanth
    10-02 07:01 PM
    I was also lucky to meet one of their executive editors to whom I explained the issues posed by retrogression. He was very supportive but informed that he has been hearing from the other side as well.( I guess from NumbersUSA).
    We too should be pro-active in campaigning to media about our valid cause.

    I just sent the following E-mail to the Information Week Editors.
    Sub:Your help requested for Skilled IT wokers to get their greencards
    Dear Mr.McGee,

    I had a chance to read your article about the issues
    faced due to the H1B caps and the Greencard
    Retrogression.("Time Is Running Out For H-1B Visa Cap
    To Be Raised--Or Is It?"-Information
    Week,Dt:06-Sep-06)

    Thanks much for your insight about the SKILL bill.

    It would be of great help if you could write more
    Articles about the retrogression issues. Thousands of
    unfortunate skilled workers like me have been caught
    in the 'Retrogression' black hole and there is no
    relief is visible in any near future.I have been
    waiting for more than 5 years for my green card in
    vain. We are in a state of limbo and are almost
    similar to bonded laborers since our professional
    mobility is very much limited.

    People talk so much about the CIR and Illegal aliens
    but very few people even know about the plight of the
    LEGAL SKILLED workers.The retrogression has not only
    affected my immediate future but it has also
    negatively impacted the future of family/kids as well.


    Our final hope is residing on the SKILL Bill and we
    pray that it will be some how be passed in the
    lame-duck session as you mentioned in your article.
    Hundreds of Skilled workers like me have given up hope
    already and are returning to their countries or are
    looking for opportunities in other countries like
    Canada etc. This also is having a significant negative
    impact on US economy.

    Just to give an example: Atleast 100,000 Skilled
    workers are holding off the decision to buy a house
    since they are not sure about their future here in US.
    This amounts approximately to $30,000,000,000 (100000
    X $300,000) inflow of money that could give a big
    boost to the declining US Housing market.

    It is sad to see that so many experienced LEGAL people
    leaving this country due to immigration caps.

    I kindly request you to publish a cover story on this
    serious issue before the lame-duck session. I am sure
    your words will have a big impact on the CEO's and
    CIO's who in turn can lobby among the senators for our
    cause.

    Thanks again for your help so far.
    Regards,
    Sreekanth



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  • jaxrad
    02-14 12:27 PM
    Bank denied a consumer loan ,after approval due to immigration status specifically they said no loan unless you are a citizen. i am a permanent resident , leaving in the US for over 15 years. Applying for naturalization this year. Also the same bank had approved a consumer loan 2 years ago and now they say "oh we made a mistake then". Case or no case? I think I have been discriminated against.





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  • JazzByTheBay
    07-26 07:59 PM
    For the experts on this board, my H1 expires on 9/30/07. Should I wait till after Aug. 17 to qualify for a 3-year extension?

    jazz



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  • little_willy
    03-04 04:37 PM
    Congratulations !!! Happy for you, enjoy your freedom.





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  • augustus
    08-09 11:03 AM
    Anybody with July 19th receipt date got their Check encashed? How about Receipt Notice? EB-3 India.

    I am worried about checks not being cashed yet. After Aug 17th the window is closed.



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  • realizeit
    08-01 03:32 PM
    HR 5882 Counterpart Introduced in Senate by Hon. MENENDEZ

    Link: http://menendez.senate.gov/newsroom/record.cfm?id=301666&


    Press Release of Senator Menendez
    SENATOR MENENDEZ INTRODUCES BILL TO EXTEND E-VERIFY PROGRAM, INCREASE VISA EFFICIENCY AND STRENGTHEN FAMILIES

    E-verify portion of bill mirrors version passed overwhelmingly passed by House this evening

    Friday, August 1, 2008



    WASHINGTON� U.S. Senator Robert Menendez (D-NJ) yesterday evening introduced legislation to renew the electronic system for employers to check the documentation of prospective employees, and to ensure that unused work or family-based visas are utilized. The Visa Efficiency and E-Verify Extension Act of 2008 will help American businesses and will protect family unity by reauthorizing the E-Verify program, recapturing unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allowing unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year. The E-Verify portion of the legislation mirrors E-Verify legislation passed this evening in the House of Representatives by a 407-2 vote.

    Senators Patty Murray (D-WA), Ted Kennedy (D-MA) and Maria Cantwell (WA) joined Senator Menendez as co-sponsors of the bill. The proposed legislation would shorten the long lines of families and employees currently waiting to receive green cards.

    �Verifying that workers have their proper documentation is certainly important, and this bill ensures we are doing that while being fair to families who have waited in line for years and have paid their visa fees to reunite with their loved ones,� said Sen. Menendez. �We must couple the E-verify effort, which is good for business, with policy that is also good for families � it fits with our American value system and is a step towards fixing our broken immigration system.�

    Summary of The Visa Efficiency and E-Verify Extension Act of 2008:

    Recapture of Unused Visas: This bill recaptures unused or unclaimed employment-based visas and family-sponsored visas from fiscal years 1992 through 2007 and allows unused family and employment-based visas in future years to automatically �roll over� to the next fiscal year.

    Extension of the Conrad State 30 Program: The bill extends the Conrad State 30 program for 5 years to June 1, 2013. The Conrad State 30 program was designed to provide each of the fifty U.S. states with 30 waivers for J-1 physicians each fiscal year.

    Extension of Religious Worker Program: The bill requires DHS to issue final regulations to eliminate or reduce fraud related to the granting of special immigrant status for individuals working in a religious vocation or occupation. The bill extends the special immigrant non-minister religious worker program to October 1, 2011. Under this bill, the DHS Inspector General shall submit on the effectiveness of the regulations to reduce fraud by 2010.

    Reauthorization of E-verify: This bill also reauthorizes the Department of Homeland Security�s (DHS) Basic Pilot electronic employment eligibility verification program, also known as �E-Verify.� This legislation provides for a 5-year extension of this program for the electronic employment verification of employees.

    Protection of Social Security Administration Programs: This legislation requires DHS to provide timely and appropriate payments to the Social Security Administration so that E-verify does not interfere with SSA�s ability to serve seniors, people with disabilities, and survivors.

    Government Accountability Office (GAO) Study of Basic Pilot Confirmation System: This bill requires the GAO to report to Congress on the causes of erroneous tentative nonconfirmations, how they are remedied and the effect they have on individuals, employers and federal agencies. It also requires the GAO to examine the experiences of small businesses, non-profits and municipalities with using Basic Pilot.





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  • sagittarian
    12-19 10:32 AM
    Sagittarian,

    Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
    Hi Uma001,

    Yes, she did work in India for 3 years. She got a full-time job opportunity with a fortune 500. It is direct employment.



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  • JunRN
    08-21 11:30 AM
    Mine is two Receipting up-dates away.....but I am hoping to receive my RNs before that...:D

    Let's have some fun guys.! It's good to be worried and it's just normal. Some are just too stiff to others because the July 19th filer is asking for getting checks cashed and therefore some July 2 filers are pissed off because theirs are not yet cashed....Dude, let's face reality with USCIS...some people are really lucky to overtake others....





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  • map_boiler
    06-28 10:57 PM
    I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept

    Should I use the OPT A# everywhere on the application?
    NO. Just mark it as "None". USCIS will assign you a new A# when you file I-485. In my case my OPT A# and A# assigned with approved I-140 are different. In your case, since your I-140 is pending, they have not yet assigned you a number. You should receive one with your I-485 receipt or with your I-140 approval (which ever is received earlier).


    I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
    You should provide front and back copies of the expired OPT EAD card. Also check with your attorney regarding any other documentation required. I've submitted copies of the expired OPT EAD and form I-765 I filed to obtain my OPT EAD (not sure if my attorney will use this when he files my I-765, though).


    There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this

    I answered yes. The USCIS service center will depend on the state in which your school is located...and to which you mailed the I-765 for OPT EAD.



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  • n2b
    05-18 09:08 PM
    This is a really good action against the USCIS' lousy process! This should have happened long time ago and I wonder how many times several members have popped up the law suit approach before!





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  • rsdang1
    07-01 10:35 AM
    I would encourage you to talk to a doctor of Indian origin. Also she may need to do a 3 year residency...



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  • desi3933
    07-18 03:31 PM
    1. Can we use AC21 provision without EAD card ?
    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?
    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    1. Yes.
    2. Yes
    3. Yes


    __________________
    Not a legal advice.





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  • sayonara
    07-18 04:03 PM
    Does this mean Interim EAD option is not available any more? Was there a press release for this?

    Thanks


    1. Can we use AC21 provision without EAD card ?

    Answer: Sure, you can. In fact, that is the advised approach. Do not fall back on EAD unless absolutely necessary.

    2. My H1 expires in Jan 2008. Do I need to have EAD card before that ?

    Yes, If you wish to work on EAD then you need to have it by Jan 2008. Unless the interim EAD option is bought back, I doubt if any July filer will have an EAD by January 2008. I would suggest you be prepared to extend your H-1b.

    3. Can we apply for EAD later, after you have filed 485 and AP? If so do we need any reciept of 485 application?

    Answer: Yes. You can do it yourself, but you will need evidence to show that a 485 has been applied.
    :confused:



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  • pd_recapturing
    08-14 10:45 PM
    How come most of the 2006 PD holders getting approved? I do not have any grudge against who have 2006 PD and got their AOS approved. I am just wondering as to what is making USCIS to choose only 2006 PD ? Definitely, the low hanging fruits theory does not seem to be working here. Anybody has any idea about that ? I am just frustrated.





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  • Hinglish
    03-05 12:39 AM
    Dont worry about it ...
    appear for the FP ...
    I had a major cut on my finger, they tried but could not take a good print and finally asked me to come in 15-20 days using walk in along with the FP notice.

    The important thing is DO NOR miss the appointment ... show up there and let them tell you that they cannot take the FP





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  • nousername
    09-11 08:26 PM
    Has anyone recently used AP to enter the US from San Francisco, CA?

    I would appreciate if you can please share your experience and the documents you carried (showed) at the POE.

    Thanks





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    08-07 11:48 AM
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    FredG
    June 25th, 2006, 08:40 PM
    If the bidding gets high enough, we'll work out the details.



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