enggr
09-28 01:47 AM
I thank everyone for taking interest in my case and giving valuable advices.
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"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"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
Yes, the lawyer should have checked this and filed on EB3 to begin with. If he had suggested a potential hindrance like this, I wouldn't have agreed to file the case under EB2. The way it happened was, employer and attorney requested all my details and decided to go with EB2. I didn't even know the complete requirements of EB2 at that time as I had a belief that EB2 is only for Masters degree. Because the employer + attorney recommended EB2 I signed up for that.
I have requested my employer to start a new PERM as soon as possible.
I am very much looking forward for interfiling my old I-485 with the new I-140. My attorney is saying its not possible. (Maybe he's very less experienced in these matters).
"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"
Can you please shed some more light on that so that I can argue with my attorney. Any links regarding this would be really helpful. Any piece of information/case history would be helpful to argue with my lawyer.
AkhilMahajan,
The university gives different marksheets for supplementary exam. There's a consolidated one too.
insbaby,
You are right. EB3 is the safest one. I never tried to take advantage of EB2. The whole mistake was due to improper knowledge from my side about EB2 and wrong evaluation by the attorney. I am looking for all ways to convert this case into EB3. My attorney is saying that we can't file a new I-140 under EB3. The only way to continue this case is to request the EB3 conversion as part of the RFE response. Then, INS should agree to the change in a return letter which can be followed by the I-140 application amendment or new I-140 application.
quizzer,
The I-140 filing date was Nov 2006.
Ramba,
You are very correct. I have requested my attorney to change the category from EB2 to EB3. he said it can be done only as a formal request during RFE response. The attorney has requested my employer to modify the job requirement from EB2 to EB3. I think we are safe at the labor certification as it doesn't ask progressive experience. Labor is asking for Bachelors degree and 5 years of experience which I have. I have no plans to move out of H1b until I-140 is approved.
cnndwag,
I didn't run away. Today I was running behind my attorney and employer to save this case under EB3. I didn't fake my experience as I finished my course well before starting my first job. IO caught the discrepancy which should have been caught by my attorney long before. Just to re-iterate I never tried to expedite the process by filing under EB2. In fact I was ignorant about EB2 till the case was filed.
Dreamworld,
I am very disappointed by the law you mentioned
"PERM does not allow to change from EB2 to EB3"
Can you send me some links to read more in this respect? But fact is a fact. I appreciate you pointing out things like this.
One of my friend tole me yesterday to request DOL (dept. of labor) to request for a reclassification which should come in 3 weeks. But my lawyer said that classification doesn't happen at labor level and all it matters there is what is specified in newspaper ad and labor requirement (bachelors and 5 yrs exp).
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factoryman
06-19 11:03 PM
To get better audience and better response, please post in the appropriate thread. May be a PERM or LC thread.
This one is to rip attorneys and their creed.
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
This one is to rip attorneys and their creed.
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
arsh007
11-19 09:27 AM
I started looking for a house soon after filing for my 485/EAD/AP in August 2007. I finally got a great deal (good price and low fixed mortgage interest rates) on a 14 year home in St Louis and then had to decide whether to wait for the EAD approval before buying the home. I decided to go ahead and buy the home.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
My EAD was approved sometime back and looking at the turn of events leading up to buying the house, I realized that there is always an element of risk in committing to long-term investment without a GC. However I am sick and tired of the slow GC process and cannot keep postponing important decisions in life. We need to take risks at some point. I know with a March 2005 EB2 priority date, my dream of getting a GC is still many years away. But postponing important lifestyle decisions for later is too much of a price to pay.
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se_vnt3
02-28 02:41 PM
Regardless of the incorrect forum to tell about yourself, your story has serious flaws.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.
2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.
3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.
you are just telling us your side of a photoshopped story.
Even after you are here illegally, you can correct things and take a legal turn. there are so many cases where people who have overstayed or crossed over illegally, got themselves deported and or brought themselves out of the closet and applied and got their citizenships.
Also, bcos you spent 30 years in the country, you should be given a priority over a kid from your country who kept applying for a green card lottery every year, trying to enter the US legally?
to make matters worse, you stayed illegally in a country and did not follow the rule of law.
1. I am beyond the �waiting for my delayed Green-Card� and �attempting to correct my ilegal status� stage. I am not new to immigration, I�m true to immigration.
2. I am no longer fighting for my rights. I�m OK. I�m in my own country with all rights available to me and am offered a Waiver by the U.S. to visit my friends, family and loved ones when I want. Today I�m fighting for my USC Immediate Relatives� rights from my country. How many of you high&mighty can say that? Probably never will too. You�d have to walk in my shoes and from my view none of you except for 24ps can fit them, though sledge_hammer might have to learn how to walk in them. He/she sounds a lot like me in my smug and cocky drug peddling and trafficking days. Clue, sledge_hammer: The key to expertise does not lie in what you do but in how you do it. Obligating an unrequested personal opini�n on someone is quite negligent and incompetent of a professional. But I guess that�s what�s expected of IV while you�re dug in here, hunh? How unfortunate.
3. You who are new to immigration can probably learn a lot from my case if you weren�t so caught up in your virgin-eared-newbies image. Like anyone�s going to believe that. Anyone who�s anyone already knows all you want is your Green Card or for whatever human right you feel is being overlooked in this life to be acknowledged while you�re still alive � like me. Let�s hope none of you will ever need an individual such as myself to understand your case anytime in the future. God bless you in all your endeveours.
more...
ragz4u
04-01 12:49 PM
Apologies to eb3retro and logiclife...I had to delete your posts to make this summary post
We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other
1) Siemens Power Generation
2) Microsoft
3) Barclays bank
4) Oracle Corporation
The following folks have already sent the fax, Count = 80
Anai
Ragz4u
latina
masala_dosa
aparnak
felix31
radosav
gc_bucs
golgappas
Superape
Leena
Nikhil
xu1
sats123
pcs
bkarnik
traffic_engr
shalini_s_b
reachag + spouse
lccleared
reachrc
aray
raydhan
raj123
willgetgc2005
bklog_sufferer
lonedesi
parrytee
logiclife
sureshksv
bandya
gc_bucs
virtual55
fightretro
samnay
glen
sats123
houston2005
labor2003
jnayar2006
eb3retro
posmd
mariusp
eb_retrogression
khodalmd
GodBlessYou
aj_jadeja
Higcoptimist
sai
anandrajesh
nish17
bkarnik
prav27
mali03
manojp4
brkl1935
cmathew
madhuri
mwaikul
satyab7
jkays94
gcwaiter
GCwaitforever
baburob2
apnair2002
ngodisha
CWYGC
rbms
dibert_cal
need_EAD
laborfd
n77
jjjun
rajbgp2002
justAnotherFile
nviren
mygc2006
learning01
snallini
We already have folks in the following firms willing to talk to their employers. If you are from one of these firms, why don't you join your fellow colleagues in approaching your decision makers. Send us an email and we will put you guys in touch with each other
1) Siemens Power Generation
2) Microsoft
3) Barclays bank
4) Oracle Corporation
The following folks have already sent the fax, Count = 80
Anai
Ragz4u
latina
masala_dosa
aparnak
felix31
radosav
gc_bucs
golgappas
Superape
Leena
Nikhil
xu1
sats123
pcs
bkarnik
traffic_engr
shalini_s_b
reachag + spouse
lccleared
reachrc
aray
raydhan
raj123
willgetgc2005
bklog_sufferer
lonedesi
parrytee
logiclife
sureshksv
bandya
gc_bucs
virtual55
fightretro
samnay
glen
sats123
houston2005
labor2003
jnayar2006
eb3retro
posmd
mariusp
eb_retrogression
khodalmd
GodBlessYou
aj_jadeja
Higcoptimist
sai
anandrajesh
nish17
bkarnik
prav27
mali03
manojp4
brkl1935
cmathew
madhuri
mwaikul
satyab7
jkays94
gcwaiter
GCwaitforever
baburob2
apnair2002
ngodisha
CWYGC
rbms
dibert_cal
need_EAD
laborfd
n77
jjjun
rajbgp2002
justAnotherFile
nviren
mygc2006
learning01
snallini
fromnaija
08-31 03:51 PM
Thank you! The reporter interviewed me for this story and I didn't even know it was published.
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
more...
neerajkandhari
07-19 06:43 PM
All Are His Personal Problembs
Blaming Uscis For No Reason
Uscis To Badnam Hai Aur Badnam Karo
Blaming Uscis For No Reason
Uscis To Badnam Hai Aur Badnam Karo
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kumar1
08-24 10:35 AM
Yes you may.
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
Gurus...
I am in a similar situation and have a very simple question. Can I port from EB3 to EB2, while on EAD? I do not have a valid H1. AFAIK porting needs re-filing a labor application, hence the confusion.
Thanks!
more...
wandmaker
04-21 01:46 PM
I understand that ... but I have seen the diploma accepted and the 2+3 accepted but of course nothing accepted by an adjudicator (or several) is binding. It is a tricky case. In a case like this EB3 skilled worker with 3 years of experience is always the best route to go and then once approved they can try for EB2.
The OP filed 140 as EB3 - USCIS has denied the 140 stating that the Diploma is not equivalent to US Bachelors Degree.
The only thing I see in the education is that s/he studied for 16 years, which does not provide privilege of claiming that his/her study is equivalent to US Bachelors. To be precise, 10 (School) + 2 (School) + 1 (First Year of B.Com) + 3 (XYZ Diploma) - The final certificate awarded is a DIPLOMA so OPs' education is not even equivalent to Indian B.Sc/B.Com.
In my opinion, s/he has to start from scratch and word the labor properly. Meanwhile, filing MTR / appeal can help - if one is in the last year of 6 year limit.
The OP filed 140 as EB3 - USCIS has denied the 140 stating that the Diploma is not equivalent to US Bachelors Degree.
The only thing I see in the education is that s/he studied for 16 years, which does not provide privilege of claiming that his/her study is equivalent to US Bachelors. To be precise, 10 (School) + 2 (School) + 1 (First Year of B.Com) + 3 (XYZ Diploma) - The final certificate awarded is a DIPLOMA so OPs' education is not even equivalent to Indian B.Sc/B.Com.
In my opinion, s/he has to start from scratch and word the labor properly. Meanwhile, filing MTR / appeal can help - if one is in the last year of 6 year limit.
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mbawa2574
08-20 04:42 PM
Go get a good lawyer .File a lawsuit against attorney for breach of contract and ask for minimum 5 to 6 million dollars in damages. see if you can involve the company too. screw their happiness to the largest extent . Expose your employer and file a complaint that he forced you to pay for your labour cert and 140 expenses. DOL will shut him down as they are already investigating these fraud shops.
more...
lostinbeta
02-05 04:46 PM
EG switched hosts and servers since then :-\
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lotus26
05-30 07:09 PM
Done
more...
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rolrblade
07-19 10:23 AM
Dude: Ask your attroney if you can do this. But in any case she needs to get an emergency appointment. As someone rightly poitned out, slight delay in flight......... years of waiting.
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pkv
08-31 07:00 PM
How was the response? I have contacted the following " The Hindu, Deccan chronicle and some telugu and kannada newspapers and TV news channels" so far no responses, I am planning to speak to my dad and his friends (they retired from the news media recently) to get some responses, but whats the point. The July 2nd fiasco was very well publicized in India, rural India too, even a small village or mandal office issuing birth certificates knew abt the visa bulletin and its reversal!!! and what do we have now...non committal friends who are not interested to come to the rally and some even make fun of it!!
Anyways lets keep trying...
Its useless... How many senators, their voters or other decision makers watch those kannada, telugu or even rediff???
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
Anyways lets keep trying...
Its useless... How many senators, their voters or other decision makers watch those kannada, telugu or even rediff???
Try to contact FOX, CNN, ABC etc.. that will be helpfull.
more...
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Jaime
08-31 04:53 PM
link does not work for meStrange....Try going to ABC news and searching for the article under the "Money" section
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rockstart
05-15 09:16 AM
I think they want to first help people with US degrees. Since that boosts education industry in US as people thinking of studying in UK Australia will now think of US more postively.
more...
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desighee
07-25 04:47 PM
Take a chill pill.
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
GC is an american dream and like any american dream it is just a dream that remains a dream for most of the ordinary people.Even if you get a gc it wouldn't make u a millionare.
Instead think about starting some good business and forever get out the clutches of the "law of ordinary people" which states that if you are a reqular person u'll continue to be so in any society untill you die and will find some way to make your life miserable.Hence if not GC tomorrow u'll complain about money and later missing India etc etc
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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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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?
desi_voice
04-16 03:56 PM
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
OP, could you please confirm if this is the case with your background.
Hi Gapala,
After finishing 10th standard/grade/SSLC(10th), students join Polytechnics education which awards Diploma, which is 3 yrs course.
indyanguy
12-19 12:10 PM
wish life were simple huh?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
I thought so. Life's never simple with USCIS in it :) If at that time my spouse (my beneficiary) has not used EAD and is still on a non immigrant visa (H1 or L1), can I switch to dependent status?
Attorney_11"The appeal of an I-485 denial can take several months, or even a year or more. "
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=1474093861&m=934109056
I thought so. Life's never simple with USCIS in it :) If at that time my spouse (my beneficiary) has not used EAD and is still on a non immigrant visa (H1 or L1), can I switch to dependent status?
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