Tuesday, June 14, 2011

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  • hebron
    10-29 08:56 AM
    Hi Hebron,

    I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.

    Best of Luck to you.

    Thanks.


    Hi 9Years,

    Thanks for the information! I will consult a another attorney.

    I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
    In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.

    This could be why my attorney thinks my case is not portable with the same employer.




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  • ash0210
    06-02 05:24 PM
    As per USCIS, childrens are aged out after they becomes 21 and their I-485 could be rejected.

    However, your child is safe, if I-140 of primary beneficiery is aproved & you have filed I-485 of your child. Age of child is calculated as - Date on his/her I-485 filed minus period/time required for I-140 approval. e.g. when you filed childs I-485, age of child was 19 and your I-140 approval took say 8 months then your childs age is "locked" at 18 years 3 months. I was in a same situation but my child turn out to be safe as I filed his I-485 immediatly after PD become current. Couple of months back I received letter from USCIS that my son is safe though he become 21.

    In a situation like I-140 & I-485 is NOT filed for Primary beneficiary becomes tricky as uncertinity of I-140 approval and then PD to become current to file I-485 and to calculate "Lock out" age for the child.

    Best way is file I-140 file immediatly & file I-485 for child immediatly if PD is current.

    Pl be advised to consult your immigration lawyer...

    Hi my son is going to turn 21 on June 6th, we had applied for EB3 labor certificate on in July and the priority date is july 19, 2005. The I-140 was applied and approved in a month, therefore he will turn 21 next month on the 6th because the subtraction of one month from his age due to delay by USCIS in processing the I-140. My question is that is there any sort of help for EB retrogression for the children affected, and may get aged-out. As well as any other way that my son can apply for his I-485.
    Thanks




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  • susie
    07-08 11:18 PM
    We are 6th year H1B, but we only have a PD date of 27th July 2006.

    My son turns 21 on 13th January 2008. We have an I-140 pending since August 30th 2006, which is probably a good thing because I understand that it will help to "extend" my son's time, provided it is not denied. There is no valid reason why it should be, and we have not taken up Premium Processing for that very reason.

    However, with this July Visa Bulletin fiasco, who knows how long it will be before our PD date will come up again (EB-3 ROW) and we can file the I-485

    Thus, I am really interested in the outcome of your case and the CSPA draft you have come up with. I have registered with Expat's Voice, as per your request.


    Thank you,

    I would appreciate you sharing your story in the aging out section, we may even be able to file some sort of class action if we get enough cases




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  • optimystic
    09-10 08:22 PM
    EB3 -India: "Dukh Bhare Din Bite re Bhaia, Ab Sukh Aaio Re...":p

    How so ??

    You must have a EB3-I PD that is earlier than July 2001? I am hoping for good news myself this October or in the next couple months that follow :D



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  • gapala
    09-09 10:15 AM
    [quote] to add to the conversation on the price -> locals are also experiencing a glut of money due to the economic boom in the last 5 years or so. Small businesses have really taken off in a big way exporting to Europe/ US. Investors in the stock market have also hit the jackpot. And, once you have money, for most Indians the safest option to invest is in property or gold.

    Also better salaries all around fueled by attrition of talent to the IT sector. [quote]

    This may be correct to certain extent but only the elite class and creamy layer of 1.8% of total population. When we look at the bigger picture of the country, I could not connect the dots. GDP is just above $2500 and PPP is about $3300. How in the world will you justify $200,000 to $300,000. Plus the cost of financing the purchase.

    In simple terms, median home price is 100 times the GDP and life expectancy in india is 70 years. average work life span is 40 years. Home Mortgages are 15, 20 or 25 years in India which will cover only 1/4th of the median price of a home based on even anticipated high GDP growth and considering moderate increase in cost of living. Given that the risk of default is huge and banks are running at very high risk. I believe buying a house is a big gamble in India and more to that for Banks, lending is also a big gamble.

    Note that according to banks, investment in apartments capitalize only over 25 years in india. (Rent vs. Own) Is this correct? Average rentals in ONLY Big cities are Rs. 12000 ($275 / month $3300 a year) to 15000 ($340 / month $4000 a year) for the same 1000 sqft 2 bedroom apartments which itself is above the GDP :). What that tells me, even the rentals are also not affordable to majority of the population. Back to captalization part 4000 * 25 = 100,000. which is half of the investment... add the alternate investment value for 25 years, capitalization will be way below 50%.
    That means it will take more than 50 years to capatilize the investment. This is more that Mod average work life span of 40 years. Note that Maintenance and Taxes for 25 years excluded in above calc. Are banks stupid?

    I do not know what to tell ya man! To me its really scary

    A small credit crunch (crisis is not required) might bring the entire economy to floor.

    fine print: (Above analysis applies only for working taxpaying people like us who does not have unaccounted money.)




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  • zerozerozeven
    07-11 09:25 AM
    PD - Jul 07
    Any hopes for me in the Sep bulletin? hope they move it by another 14 to 15 months ...USCIS...pls...my wife badly needs an EAD to start working



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  • 485Mbe4001
    09-12 02:13 PM
    I agree with the posts to a certain extent but the last time we sent mass letters only 5000 letters were collected. A couple of people were responsible for collecting 500-1000 letters each. You can caculate the percentage of letter writers of the who actually sent out the letters.

    We talk about num usa etal.. bear in mind they have lots of resources and volunteers willing to call and write letters. We keep fighting about EB3 Vs EB2, red dots and green dots and other 'important' issues, very few actually make the calls. The ones who work, keep working while others demand answers as to why issues are not fixed, the rest of us just like discussing issues to death on the forums... just my 2 (pick your denomination).

    I totally agree with "bsbawa10" , Not many people will invilve if its a matter of spending 30-50$ and for sure stuff like Calculators and clock will go to the Kids of USCIS officers and their friends as Thanksgiving "Gifts". I think we should send mass letters to all the involved agencies with posters. Not only all the people will be involved, it will be difficult for USCIS to redirect the stuff to some orphanage/veterans Hospitals etc. Just my 2 cents.




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  • ravish_kaipa
    09-12 12:29 PM
    Here are my details.
    Confirmation Number: 5HL471558P745653V
    Amount $100



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  • Milind123
    09-14 09:57 PM
    it is

    Thanks. Looks like the first time contributors are motivating others. Can we (karan and I) have more contributions please? Sept18th is round the corner. Just wanted to get all 401K contributions in before people start travelling. we still have one last round after this.




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  • ilwaiting
    04-25 11:33 AM
    Guys,

    As long as the legal immigration is part of a illegal immigration reform bill. Its hard to push these "brilliant ideas" before congress or USCIS. Its very unfortunate that Congress doesn't distinguish between legal and illegal immigration.

    All are talking about "Comprehensive immigration reform"
    but just think, what is really happening in terms of "comprehensiveness" for Legal immigrants? recapture old visa numbers to clear backlogs thats it? Would the multi teir very complex legal immigration process getting any better? Why should a person wait for a PD to become current for 4+ years when DOL(labor Dept certified that there is a requirement for the job?).

    Why are we calling it "comprehensive" then? give some thought about it.

    Thanks



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  • andy007
    07-18 12:00 AM
    Receipt date is not the date when the application reaches the service center. It is infact the date when your application is entered into their internal system which could be several days after the application has reached the service center.

    And all application they enter into the system.. then give us a Receipt Date Right ... from that time we can apply for EAD / AP (will take time again)




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  • iqube00
    09-10 09:47 AM
    Just contributed $100 through Paypal. Receipt # 7VK6980438556652Y. Great job IV!



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  • dvb123
    09-13 06:35 PM
    Sec. 42. 53 Priority date of individual applicants.

    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission. Sec. 42. 53 Priority date of individual applicants.

    (a) Preference applicant . The priority date of a preference visa applicant under INA 203 (a) or (b) shall be the filing date of the approved petition that accorded preference status.
    (b) Former Western Hemisphere applicant with priority date prior to January 1, 1977 . Notwithstanding the provisions of paragraph (a) of this section, an alien who, prior to January 1, 1977, was subject to the numerical limitation specified in section 21(e) of the Act of October 3, 1965, and who was registered as a Western Hemisphere immigrant with a priority date prior to January 1, 1977, shall retain that priority date as a preference immigrant upon approval of a petition according status under INA 203 (a) or (b) .
    (c) Derivative priority date for spouse or child of principal alien . A spouse or child of a principal alien acquired prior to the principal alien's admission shall be entitled to the priority date of the principal alien, whether or not named in the immigrant visa application of the principal alien. A child born of a marriage which existed at the time of a principal alien's admission to the United States is considered to have been acquired prior to the principal alien's admission.




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  • wellwisher02
    03-31 10:46 AM
    In this era of IT, USCIS keeps crying about being bombarded suddenly with this application that applications. I wonder such a big agency doesn't have projections etc. When you Adjudicated millions of Green cards lin 2002-2003 than obviously you are going to get bombarded with Application for Citizenship in 2007 you weren't prepared for that ??? This organization is headed by most incompetant people who doesn't have any clue of Management, I guess they should go back to school...

    We're much better off here in the US when you compare our compatriots suffering in Britain. Britain has enforced a lot more regulations on immigrants, much to their chagrin.

    Let's grin and bear it and hope to see the 'green' light at the end of the tunnel.



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  • Macaca
    07-06 11:13 AM
    The following articles talk about similar provisions (I think?) for undocumented. You can send them your story and ask them to write about you. You can also ask lawmakers for simliar provisions for you.

    Students Take to the Road for Social Justice (http://www.washingtonpost.com/wp-dyn/content/article/2007/07/04/AR2007070401531.html) Trip Is Part of Year-Long Program to Inspire Activism Among Black and Jewish Youths, By Virgil Dickson (http://projects.washingtonpost.com/staff/email/virgil+dickson/) Washington Post Staff Writer, July 5 2007
    Students fasting for green card provision (http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2007/07/05/MNG1QQR9RK1.DTL&hw=immigration&sn=001&sc=1000) DREAM Act would grant legal status for college, military By Tyche Hendricks (thendricks@sfchronicle.com), Chronicle Staff Writer, July 5, 2007




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  • bharani
    09-11 04:41 PM
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  • ameryki
    01-14 04:50 PM
    I have a similar question -- the USCIS site says document mailed on Dec 26th, but I am yet to receive it. I have not heard from the Lawyers either. USCIS mailed the receipt to the lawyers but EAD to our home, what's the deal with AP - home or lawyers?


    AP goes to your lawyer!




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  • skv
    06-20 10:38 AM
    enough of america....:mad: :mad: :mad: I am moving to UAE.....two hrs journey to goa India....no Income Tax:p :p :)



    Delays at DOL PERM Processing Center in Atlanta to End Soon!
    Posted May 11, 2007
    �MurthyDotCom
    A number of inquiries have come to us regarding delays in PERM labor certification case adjudication. Beginning early in 2007, there has been a noticeable slowing in case processing at the U.S. Department of Labor (DOL) Atlanta Processing Center. This center is one of two locations where PERM labor certifications are adjudicated. The other location is in Chicago. This slow-down is a marked change from the generally fast PERM labor certification decisions that had become the norm.
    �MurthyDotCom
    Personnel Reassigned to H2B Cases
    �MurthyDotCom
    We at the Murthy Law Firm made inquiry about this matter, to gain some insight into why things had changed, and, of course, to determine how the situation might be improved. We were advised that personnel temporarily had been reallocated away from the PERM cases. The Atlanta Processing Center also processes temporary labor certifications needed in H2B cases. Due to demand and time constraints, personnel were diverted to work on the temporary labor certifications, which meant delays in the PERM labor certifications.
    �MurthyDotCom
    Changes Expected in the Near Future
    �MurthyDotCom
    Our sources indicate that the DOL adjudicators in Atlanta will be moved back to their regular responsibilities of processing PERM cases in the near future. Thus, PERM cases there should start moving again soon.




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  • Mouns
    04-30 04:47 PM
    "To maximize visa number usage while working off its backlog, USCIS has adopted a production strategy that focuses on completing cases where visas are immediately available and on working cases to the point just short of approval (pre-adjudication) where visas will be available in the coming months. Pre-adjudication includes completing all required background checks and resolving all eligibility issues except for visa availability. This allows for immediate approval and visa number allocation as visas become available for pre-adjudicated cases."

    does it mean that if your EB3 (I) , your I485- file is not going to be looked at for the next several years?

    Yes I believe that's what it means... If you date is not current or not about to become current in the next months, then your case would be unlikely to be adjucated...




    ssss
    08-11 05:45 PM
    ssss,
    I mean did your employer sent you the approval copy or the Online status changed ? The reason i'm asking this question because lot of times the Online status never changes for 3-4 months from 'Pending' to 'Approved'. When did you file your EB3 140 at NSC ? i filed in May 2007 - pending for 15 months by now.

    Would you mind if i ask you when you've seen the LUD change before approval ?

    Thanks for your time !

    I didnot have any LUDs on my I-140, On 08/08 I recd the approval email directly. The only LUD on my case was early this year when I filed AR-11. My employer did not send the letters, I was still convincing them to sign. My application was filed at TSC on 07/30/07 concurrent.
    HTH




    arung
    09-07 04:16 PM
    about 10 years
    - Landed in May 2000
    - Filed First application in Aug. 2001 with Company A
    - Company A asked to join client Company B
    - Filed again with Company B Dec. 2004
    - I140 cleared sometimes in Dec. 2006
    - Filled i485 July�2007



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