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Hi All,

I currently have an EB3 March 2003 priority date labor I140 approved with my company. Recently, I wanted to move to consulting, sothat I can get my GC converted to EB2 as the dates are only 2 months apart. I have asked my company if they are willing to take me as a contractor once I am out of the company and go to a consulting company. They said that it should be fine, but they said if GC is the only purpose, they can try to do something about converting my existing labor to EB2. It's a very big fortune 500 company and they do all their labors in EB3. My question is:
1. Can I re-apply another labor in EB2 for a position that qualifies in the same company and can port the existing EB3 priority date? Has anyone done this in the past?
2. Can I use any prior priority date approved labor in the same company, even though my EB3 I140 is approved with the same company.

3. Can I move to consulting company and reapply in EB2 with existing priority date and work for the same company that has my current labor.

The company legal counsel said that they would come back to me with some answers this week, but I want to get second opinion from all of you in this regard. I have my Masters in 2000 and MBA in 2004 with 8 years experience and so EB2 qualification shouldn't be a problem

Any help will be greatly appreciated!


Thanks,

im willing to pay 1000's of dollars in lawyer's fees..

this im intersted in more than sending letters.

pls explore class action suit.

http://www.washingtonpost.com/wp-dyn/content/article/2008/02/11/AR2008021103132.html

UnitedNations,

Your argument about immigrants favoring their kin for the employment based immigration is true...and you say that the USCIS would increase the scrutiny of each application...But it is a fact that a majority of our members, I would estimate 80% or more would very well stand up to a rigorous scrutiny...You see a lot of Indian coming in on EB immigration not because they have some kin here in US to sponsor them but because of the fact that there is a massive skills buildup in India as a effect of several favorable factors like...
1. a large education system producing a large number of graduates...
2. increased awareness in the population of the capability of technology wiping out their poverty...
3. large hungry young ambitious population who toughen up in cutthroat competition...

So I say let there be increased scrutiny.....If there are larger numbers allowed of EB immigrants even with rigorous scrutiny and prompt processing.....My particular group would emerge as a winner....

During my education in India I have gone through so much scrutiny, I am not afraid of any scrutiny any more....I welcome it.....


Now; some people may not like this posting. However; you need to have as much information as possible in order to strategize and talk to various decision makers. Some of them might sit there and listen to you but then when they start studying the situation they might come to know what I have posted here. if/when quota increases, it will probably be because when the intial 140,000 was set; the economy was at a different stage, population was at a different stage. The increase would probably just follow market realities (population is more then what it was when 140,000 was set and we need to adjust it accordingly).
Reply With Quote


When the cap is revised, I agree that 'the increase in net population' is one parameter in decision...
But that should not be the determining dominant parameter....

The dominant parameter should be the change in the US demographics and the needs of the US economy...Millions of baby boomers are gonna start retiring soon....The cap has to increase keeping that in mind....

The projections of manpower deficit due to demographic shift are in millions......

If you want to maintain the same standard of living, you have absolutely no option but to import more skilled labor....and lots of it.....


America is barely producing babies at replacement levels and between 2011 to 2032 ...... 77 million baby boomers( people born between 1946 to 1964) would need to retire or phase out involvement in active labor force....
http://www.teamncpa.org/main/news.php?ItemsID=165

Doggone illegal mexicans would not take care of your high end requirements ... That is just fact of life...Now you tell me how much the EB cap should be .....


I understand that Americans are concerned about their jobs and the whole argument... But look into the future...
If you stop this immigrant flow and I am not talking about the mexicans...Your standard of living would undergo revision on the great depression scale on the scale of 1930's depression....You would have economic contraction rather than expansion...This would become a country of old geezers dying of hunger......
Please forgive me for the harsh choice of words....But someone has to show you the mirror...

I have come across quite a few of the Amway/ Quickstart folks. Like most of the people have described here, they usually approach me in Walmart, Meijer, etc. My first experience was in the temple. This dude and his wife went "oh wow! you know so many languages." After talking to the dude, he said that he knew some of my childhood friends and he remembered my face and that we could have possibly played cricket together in our childhood days (this itself should have raised red flags - but I was naive then and didn't think twice). Long story short, we exchanged phone #s and next day he called me and asked me to meet him at his home. He was running an "ecomm business" and was looking for partners. I asked him if he was talking about Amway and he innocently asked me "What is Amway?" I agreed to meet him but something bothered me. I called up another childhood friend who was in Amway and asked him about this dude. Sure enough he was an Amway-ite and already a "Diamond". I was mad and did not go to his house. He called me a couple of times but I never picked up the phone.

That encounter was a bitter experience for me and I decided that I will not entertain any more desis who do cold contacts. However, soon I forgot all about him and I had 2 or 3 more such "cold" contacts (it took me about 3 more experiences to realize the Amyay "cold" contact pattern). I decided that enough was enough. From then on if a desi approached me in any of the stores and decided to do a "cold" contact, I would be on my guard. I would not become angry or irritated (after all they are humans too and they are just doing what they believe will give them a better life) - I would just steer the conversation to what I would like to do in my life. I would spin some yarn about how I am really happy volunteering to help kids in 1st and 2nd grade improve their English reading skills (which I really did) or how I liked taking part in the local community college's adult literacy program (helping adults prepare for GEDs, etc - again which is something I do). I would then go on and become philosophical about how these days everyone is after money and think about money all the time and how this is creating a very unhealthy state of mind, especially among Indians. I would make sure to tell the person that I would not like to go down that path and being a pious Hindu, my goal is to attain Moksha by leading a simple life.

By this time if the dude has not run away from me, I will ask him what his objectives are. Usually they say that they can understand where I am coming from and congratulate me for all my community service (I am rolling all over the place in my head - but somehow keep a straight face). One guy even went so far as to tell me that he is on the other end of the spectrum and he gives away a lot of money in charity. He even told me that I should consider going that route as well. After the meeting, I call up my Amway friend and ask him if XYZ is in Amway and the answer has always been yes.
Inspite of all this if the dude asks for my phone number (and this has happened once), I come up with the story that I forgot to bring my cell phone and proceed to give the person the phone # of the local pharmacy. I also suggest that he give a "missed call" (again rolled all over the place in my head when he gave a missed call) so that I can note down his # when I go home.
I just had to get this off my chest when I saw the Amway thread. Hopefully others can also turn a potentially unpleasant situation into a pleasant situation and have fun at some other person's expense.

Now can the company SELL this Labor certification? Can another company BUY such a Certification? I have heard a lot on this site about LC substituion and how they are sold/bought at a premium. How does all that work. Is that even possible?

nicely written.. i wish u all the best

IMO, both arguments and are valid as far as speculations are concerned. It all depends on perspective. In this thread, we are focusing on statistics and calculations. I my self did lot of calculations. However, objectively looking at Ron's comments, it appears like his concern and underlying message is what if USCIS won't adjudicate enough numbers and wastes visa numbers as it did lot of times. He is basing his prediction on years of experience. With recent pressure on DOS/USCIS to use visa number, I think, they are making an attempt to use up all numbers and that will definitely bring life to our calculations. But what If they do not do that.....and their 'target' is a low number.

Well, we are talking about 'cutoff date move', not actual approved I485's. If USCIS works in full steam, the EB2 backlog will be reduced quickly, which will result in cut off date move; if they don't, the DOS has to move date forward to allow more CP, that will also cause cut off date move. So either way, the horizontal spill over rule will have a huge positive impact on the EB2 dates move

My experience with amway - Very close friend of mine joined amway once he came to US, and within a few weeks, tried it on me. And at the end, he branded me as closed minded person when I said no many times. Forgot the 4 year friendship and never called me for the past 7 years. Oh well, my wife keeps telling me, those who don't understand us cannot be good friends. And after seven years, I agree...

^^^Not sure about the credibility of this news since its from TOI, but SRK seems to have bitten off a little more than he could chew! Rest assured, he will get his publicity one way or the other. :D

Wrong guess, what all can i say?

I just asked my attorney this morning. She thinks it is possible. She got a
note reagrading the EB-3 category two weeks ago...

===>EB-3 Other Worker Visa Availability Update posted Jun. 15, 2007

USCIS has informed AILA Liaison that the State Dept. has advised that the EB
-3 Other Worker category has been exhausted. USCIS HQ has informed the TSC
and the NSC to reject EB-3 Other Worker adjustment applications even though
the June Visa Bulletin shows visa availability. AILA believes this
instruction is contrary to 8 CFR 245.1(g)(1) and has raised the issue with
USCIS HQ. Watch InfoNet for further developments.

To all the wannabe americans and GC aspirants, dont forget where you came from. You are nothing but 21st century cheap labor. Just do the right thing!

I hope that this memo is not mis-used to affect the good apples, that's it.


If employer can not directly control/supervise his employee's work and then H1B new petition/extension may not be approved.

Why is an "apple" bad if employer does not direcly supervise him/her but good if employer directly supervises him/her?

BTW, "apple" is not an Indian symbol. Moira Herbst considers curry as an Indian symol. But we can use "mango" if curry riles Indians.

If the law is followed in the enforcement then that is fine. Integrity of H1b program will be maintained. If arbitary and against the law then that should not be followed.

SNRAM, Probably you are the person who thinks he is a superman because some company hired on directly on H1-B and probably you are doing the same monotonous job for a very long period of time ... You are itching to shift gears get to do something better than what you are doing now... Unfortunately for you, no one is willing to hire you ... Then you just decided to come here on the forum and get the load of your chest by writting something that you think would irritate people.

The consultants that you are taking about are not only sharp experienced people but are making at least 2-3 time the money you make working from the little cube where you are typing the BS ...Go get a life MF.

You are missing the whole pont............he wants his ass out of VISA.....any visa A1,B1.........Z1 and it includes TN

Dear Attorney,

I am from India and working as a Software Programmer / Analyst in a decent company and I am using AC21 with this company...and my Green Card journey started September 2002.

Labor applied (EB3) - September 2002
Labor approved - July 2003
I-140 / I-485 applied - December 2003
I_140 approved - August 2004 after responding to an RFE
Two times finger prints done and name check is done.
RFE about sons birth certificate -- responded last year.


But still the way things are going with Visa numbers and seems no light at the end of the tunnel. I am decided to change EB3 to EB2.

What would you suggest?

Where can I find the process for this switch (EB3 to EB2) ??

Is there any benefit switching from AOS to Consular Process?

Thanks and appreciate your response.

The process of switching from EB3 to EB2 also takes some time and expense. Please do consult your attorney and weigh in all pros and cons very carefully. In case you require assistance please contact me.

The issue is that people speak big here - but run away when asked to come forward. How do we trust 35K members who have tons of excuses for not doing anything for themsleves and blaming IV and questioning IVs credibility?

Also another point in your response that said ...how do we trust .....

I ask do we have a choice ... to not trust.

Trust is a strong word.

IV is based on trust and common goals I think

All the members on this forum have atleast some TRUST and Faith in IV otherwise they wouldnt be here .....Maybe they are fearful of coming out in the open but like I said I am sure they will unite to take action under the IV umbrella

At high levels; I think there should be no quota on employment base.


Glad to see you agree, however I was refuting your justification of a country quota. The point being that the country quota owes its origin to racial considerations and a fixation on protecting levels of European immigration.


I don't know how one would talk to a politician and tell them to increase the quota and then come up with a number and then explain why it should be that number.


In the short term the EB quota should be set to accomodate or exempt anyone who has held a work visa for a period of time (3 years?). This can be pitched as a retention issue as US employers should not lose employees in whom they have made a significant investment. There can be variations on this theme such as requiring that such employees make at least 120% of the prevailing wage for the occupation.

"The idea is to request congress to exempt EB applicants & their dependents from numerical limits of the Immigrant visas, if they buy a home"

Genious...!!WHo ever thought of this idea should be working as one of the committe which advices president on finanacial matters...!!!

Trying to change laws sensitive to long term residents and citizens, by those wanting to be residents is a tough task. What is possible, which we should keep trying for, is to make suitable interpretive changes, in the form of clarifications, which do not appear to be a major shift to what have been US long term policies.

For example, trying to do away with country quota would be very hard, as it is so sensitive for the main stream residents. Making it apply in overall immigration from a country rather than I-485 cases might work. Strong argument could be that EB I-485 candidates are highly qualified and are living in the US anyway. Therefore, applying any diversity rule on them does not make sense. However, country quota may continue to be applied for those who are not yet in the US, i.e. family based cases, or those EB candidates applying from their home countries with appropriate prioritization (for example, spouse joining may get highest priority).

employment based is just one part of the immigration thing. If you think EB immigration is important - there will be thousands of opinions from people who will say why other immigration is also important.

Thanks for being the self-designated, unpaid spokesperson for "we indians" and keeping track of accountable indians :)

Nice one. I'll take that dig.