roseball
08-23 10:00 AM
I am in May 2003 EB3I boat. My employer is now trying to file my case in EB2. I have a master degree and 5 yrs experience prior to my EB3 filing in May 2003. The questions is regarding what to file and cost.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
Do we need to file 1. PERM 2. I140 3. I485 all over again ? If so here are the fee for each step 1. 2750 2. 475 (1250) 3. 1010 each(2000 for applicant and spouse. The ones in () are legal fees. Is this sound reasonable ?
Your employer will have to file a PERM and I-140 and once I-140 is approved in EB-2 with earlier EB-3 PD, request USCIS to adjudicate your pending I-1485 using the newly approved EB-2 I-140. No need to file another I-485 if you already have one pending.
Regarding the fee, there is no filing fee for PERM. All the costs are related to advertising and lawyer fee. I have no idea how much the fee for the whole process is or what attorney's charge as I have never paid anything for any of my immigration process so far (11 yrs in US). Technically, you are not supposed to pay anything, only employer should pick up the fee. You can pay the premium processing fee wherever applicable.
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Powersa
07-07 06:42 PM
Good news story, kudos.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
To me, the message seems like - problems with no solutions (yet). I wish there had been more time for them to elaborate on the emotional roller coaster and money spent with little return for who knows how many people/families.
willwin
02-20 01:33 PM
As everyone knows that AOS for those who already in US and CP is for those who are outside US (theoretically). It is a personal choice for a person in US to file either 485 or opt for CP. The reason for CP was a popular choice due to 485 processing delay between 2001 and 2005. Between 2001 and 2004 all EB categories were current for all countries. No one heard of term retrogression in that period. No one was worried about EB2 or EB3. However due to severe processing delay (partially due to increased security check due to 911) in 485 applications during that period, it was taking about 2 years for 485 approvals. During those entire 2 year period visa numbers were current and did not fluctuate as it is happening now. Therefore people opted to go for CP, as US consulates in abroad were not busy. They scheduled the interview right away as PD was current for all categories, during that 5 year period. That�s why CP was popular choice that period. Now, in the retrogression climate and continuous fluctuation in PD (back and forth movement), opting CP is a blunder mistake. Furthermore, now (at least before July 2007 fiasco) 485 approvals are so fast. If PD was current, USCIS was approving 485 with in 2 months before July 07. Therefore one should not even think about CP, if already in US unless if you are in EB1 or EB2-ROW category. Therefore 485 is the only option available to enjoy subsidiary benefits like EAD/AP/AC21. If any one already filed CP, to switch back to AOS they must wait till visa number available to their PD again. It will be a long road, and it complicates. As already mentioned, there is no technical ground to award EAD/AP for CP persons if already in US. If IV goes and talk to USCIS, they will laugh. To achieve same result, one can lobby for administrative fix like awarding EAD/AP for a person whose 140 was approved and legally present in the US in a valid non-immigrant status. This may be possible.
Ramba, I agree with you for the most part.
Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.
Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.
So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!
Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).
Your post was highly diplomatic than most of your queue-mates. Appreciate that.
Ramba, I agree with you for the most part.
Well, there are CP filers with PD as back as 2003 (not sure if there are any 2001/2002 filers left) and these people were not aware that in July 2007, DOS/USCIS would open the flood gates and put them in this plight.
Imagine this, if DOS/USCIS had not made the PD current for everyone during 2007, what do you think the 485 filers would be doing now? They would have had approved I140 or they would have filed one, but what more? Will be just waiting for PD to become current. When it becomes current (say after 2 years), the actual processes (of going through name check, USCIS delay, FP etc) start and may take atleast a year going forward. But, when PD becomes current, guys in CP queue would get their interview.
So, it wasn't that CP guys knew this before and still made a mistake - back in 2003!
Otherwise, I agree, with this unpredictable movement of PD back and forth, 485 would be a safer route with all the changes happening to 485 processes (faster name check, proposed EAD for 3 years etc).
Your post was highly diplomatic than most of your queue-mates. Appreciate that.
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mpadapa
06-05 04:23 PM
Yes there is an action item - Phone campaign to gain support for HR 5882, 5921 and 6039.
HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I
Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
http://immigrationvoice.org/forum/showthread.php?t=19387
http://immigrationvoice.org/forum/showthread.php?t=19113
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
HR 5921 (removing country quota) more specifically will provide EB3-I more relief.
HR 5882 (recapture of unused visa's) will make ROW EB3 current and the additional visa's will rollover to EB3-I
Participate in the phone campaign and also call U'r own lawmaker to seek support from them.
http://immigrationvoice.org/forum/showthread.php?t=19387
http://immigrationvoice.org/forum/showthread.php?t=19113
Guys! is there any action item for IV regarding in this "Worst Effected Category EB3-India"?
Let us make some effort here, how we can help this category? Yeah! we all know fund drive first thing.
more...
mhb
07-06 06:24 PM
tommorow what time (provide Time Zone also)
same time 5.30 pm central NBC weekend news. this would be pathetic if they do not air the interview!!!:mad:
same time 5.30 pm central NBC weekend news. this would be pathetic if they do not air the interview!!!:mad:
new_horizon
06-18 12:33 AM
I fully support this!!!
more...
coloniel60
08-16 01:24 PM
I'm also suffering like you for years but doing a RE-FILE just for managing bad odds is not reasonable. If they reject your application - You should be able to resend it from FEDEX/USPS signature and receipt Notice even after Aug 17th.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.
I'm not a lawyer and i've nothing against Rajaiv Khanna but on a general i'm advising you that " Any lawyer wants their clients case get complicated and convoluted". By doing this you/we are just complicating our case and offering "Money making" potential to already Rich , Wealthy ,Cut throat Lawyers.
Don't you agree ?
USCIS has never mentioned that they will accept rejected applications even if the priority date is not current.
2010 short est friends forever
EBX-Man
05-12 08:54 AM
I have 2 questions. Why you think only I485 not greencard. Fight and get Greencard? Start protest self. Others join when one start. Why not you?
That is because he does not have the drive and initiative that you have ...
That is because he does not have the drive and initiative that you have ...
more...
dineshksharma
07-13 01:36 PM
"Long Journey. Finally GC
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
by J2GC
Hi Guys,
After a long journey of more than Sixteen years in this country, I finally received my GC.
In short, I came in 1993 on J-1 for my training which took six years, followed by one year on O-1 visa and then J-1 waiver for three and half years in underserved area. Then applied for labor certification in Oct, 2003 EB2, through university, which was approved and then retrogressed. Applied Schedule IIA, approved but also got retrogressed. Got AILA liaison and Senetor involved.
Applied for EB1 and NIW in July 2008.
My lawyer was very much involved in the whole process, was very helpful at every step, and wrote letters to USCIS.
Finally, GC came in April, 2009 and received the cards one week later. My PD Oct 2003.
During these time, I actually had no problmes at my job or my my wife's job. Brought a house four years ago.
The main problems were:
Daughter and son could not apply to state colleges/ medical colleges. (daughter going to med school next month)
Got stuck in India for renew of H-1 for 2 months!!! (worst time of my life, with my wife and kids in US) I tied every thing from writing letters to calling Ambasador. Not effective.
Could not go to certain occasions, like death of very close family members, weddings etc.
However, I kept my cool and prayed and got lot of support from Immigration voice.
As a small token of appreciation, I am donating $500 .(and will keep on supporting)
We all are going to get GC, some sooner some later. Just keep on doing you job.
Thanks you all for all the information and support.
J2GC (J-1 visa to GC)"
hair short best friends forever
Guig0
02-10 04:11 PM
cheater... i didn�t imply that ;)
more...
cjagtap
08-01 12:05 PM
mine reached at 10-23 am -2 nd july,by some L.ARMSTRONG guy..no receipt yet,no check cashed
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willgetgc2005
06-26 12:26 PM
Hello All,
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
I finally got my GC. Here are the details.
PD May 2002
EB3/India
I got welcome letter and then the card. I did not get approval notice.
People who got apporvals recently, can you share your experience.
Thank You.
more...
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rajmirk
05-26 01:26 PM
Thanks for greaat posts, everyone. Just to follow up with Jaime's point it is tru that we are not all from India or Aisia in general. I guess I should have mentioned that. I am from a northern place - from Russia. Actually I was born and raised in one of the southern former Soviet republics, which had relatively warmer climate. But I lived for over 5 years in Russia before coming here. I just mention that, because I read it the cold Canadian weather seems to be the number one downside. It is not such a big deal to me or my wife, because it was as cold or perhaps even colder back home.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
Just as Jaime I am not here just for ecenomic reasons. I wuld be better off (financially) back home. I guess we are in search of better life (qualitatively), and that is why I am wondering about Canada.
And perhaps due to somewhat European backgraund I seem to have nostalgia for European flare sometimes; hence the questions about Montreal (which I presume is a bit more European that TO).
I guess I would like to put a streignt question to those who lived in or familiar with Canada.
- I am from a Northen Country (even leave in Northeast here in US).
- I worked full time for 5 years in US (plus a year of internship)
- My field is Not IT though, it is in business (data analysis, finance, supply chains, etc)
- My in English is quite good (for and immigrant especially)
- I have some basic knowledge of French and willing to learn more
- I have a Masters degree (few actually) from US universities
- As I mentioned I have a family including kids.
My question is - what do you think my chances are in Canada in general, and in Montreal specifically?
I would appreciate any response. Thank you very much!
Go for it! My earlier comments would be mostly applicable to folks from the sub-continent - which you seem to be not and looking at your priorities and what you already have, might work out perfectly for you. Best wishes.
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willwin
06-05 02:40 PM
Forward movement sounds good..but even with PD current(May,June VB's) folks are just sitting and waiting..just like me..:(
Rapid movement helps only two categories of people.
1. People on the 485 queue who have plenty of luck to get their application picked up for approval as it happened last July-August.
2. CP guys.
Rapid movement helps only two categories of people.
1. People on the 485 queue who have plenty of luck to get their application picked up for approval as it happened last July-August.
2. CP guys.
more...
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mybid2003
11-10 09:32 AM
I am still waiting. Details below.
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bekugc
07-19 11:11 AM
Rolrblade,
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
i guess i mispelt the statement, my response was to his idea of seeking an Emergency appointment.
ofcourse, just normal rescheduling is absolutely do-able.
i think our friend is trying for Emergency so that wife can get appt in chennai only.
more...
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singhsa3
01-06 07:18 AM
The post did not mean to offend people of any particular community. I apologize, if it appeared that way. So please take this thread light heartedly only.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
If it is of any further consolation then here is my brief backgroud:
I am a Hindu by birth.
Did my schooling from a catholic school and know Bible's stories by heart and also had led choirs.
Did my B.S. Mechanical engineering from a prominent miniority university, Aligarh Muslim University.
So you see, I would be the last person to use this story to stereotype folks from any particular religon.
I will conclude by saying that polygamy in India is almost non existent. The story cited here is unique, irrespective of what religion the person belongs to, even though the laws may be permitting in certain cases.
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Madhuri
07-29 12:59 AM
Here's update on my cases
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
Received cards on 07/28/08 for 2 years from the date of approval. The original cards expire on 09/25/08.
So lost 2 months but happy to get 2 years card.
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
Received cards on 07/28/08 for 2 years from the date of approval. The original cards expire on 09/25/08.
So lost 2 months but happy to get 2 years card.
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chanduv23
03-11 05:25 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
prinive
07-10 10:12 AM
How about boycotting CNN. The immigration community should boycott CNN. That will send a strong message to CNN with there current trouble with there rattings.
The idea is - use this guy and expose media that gives false news or that supresses real issues and force those types of media to bring our issue to limelight.
I have heard all media saying "We are immigrant nation", "we need skilled immigrants", "'We are not racist", etc.. then again the same media says "Immigrants are overstaying visas", "There is quota, we cannot do anything", same media has supressed microsoft's news about the Canada development center just because it involved immigration.
I am of a strong opinion that media is controlled by politicians, the reporters who said they will cover the flower campaign - chances are that their bosses may ask them not to or give them another assignment ???
The idea is - use this guy and expose media that gives false news or that supresses real issues and force those types of media to bring our issue to limelight.
I have heard all media saying "We are immigrant nation", "we need skilled immigrants", "'We are not racist", etc.. then again the same media says "Immigrants are overstaying visas", "There is quota, we cannot do anything", same media has supressed microsoft's news about the Canada development center just because it involved immigration.
I am of a strong opinion that media is controlled by politicians, the reporters who said they will cover the flower campaign - chances are that their bosses may ask them not to or give them another assignment ???
chakdepatte
08-08 10:44 AM
Hi,
Sorry i updated under the wrong thread.
ours was a paper filed on July 2nd. Card was mailed on 08/07/08. Still waiting for it to make it to the mail box.
I have not recieved any FP notice yet. Surprising I also saw a soft LUD on AP when care production got ordered for EAD but no updates on AP or FP yet.
Hope that helps
Oye
Chakdepatte.
Sorry i updated under the wrong thread.
ours was a paper filed on July 2nd. Card was mailed on 08/07/08. Still waiting for it to make it to the mail box.
I have not recieved any FP notice yet. Surprising I also saw a soft LUD on AP when care production got ordered for EAD but no updates on AP or FP yet.
Hope that helps
Oye
Chakdepatte.
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