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Team, My Labor is filed under PERM was Audited and now approved.

For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).

I got Audited and was required to provide Business Justification for 5 years experience for software developer position.

Can this be applied in EB2?

Thanks!

We filed back in June'07 and received secong finger printing requests last week.

BECsufferer,

Does that mean you need to have visa stamp in your passport ? otherwise they would not issue German visa.

Try next time asking a question with all details so you are not misunderstood. It does not seem to me anyone is trying to scare you. What would they get anyway by scaring.

I posted this on other thread on June 15th. Our I485 approved on June 15th. Please see signature for details.

guess we are the only two on this thread .. isn't there anyone else in LI ... :confused:

We have people. Looks like there is a communication gap here, many people do not visit IV site that often.

Mobilizing upstate and Long Island is my next priorities.

New Jersey is picking up. It went down completely few months back but is now jumping back

Connecticut is also reviving - We have some very dedicated members in this area working extremely hard to mobilize this chapter

I will keep you posted.

I am not really sure about the chances of such bills passing. Having an upper limit of 20k per year, similar to the quota for Master's in H1-B, might have relatively better chances of passing. Otherwise, all the anti-immigrant nuts from alipac and numbersusa will derail everything even before anything hits the discussion level...

btw, i read that the alipac founder was called lots of names in a NC newspaper...(details on their web-site)..that sounded like sweet nectar to me...he deserves all of it and more....the way he and all his honchos in their forum ban and bully everyone (not just illegal, but legal would-be immigrants)...just desserts!!!

Hello,

I am new to immigration talk so I might not use the right terms so I apoligize in advance. Here is our situation, my wife's green card case was approved 2 years ago but we are waiting for a visa number to become available.Our lawyer told her that we fall under the EB3 catagory.He also said our filing date is April2002 and the visa bulitin should show this date for us to get an invitation.
My wife really really hates her job and would like to quit today but the lawyer is saying we can not get the green card if she quits. He also tells us she can not work for another company because then we would need to start everything from scratch.
Can someone confirm this?
Is there a solution?
Does she have to keep working for this company forever?(seemslike EB3 dates arent moving)

Filed on 9th July at NSC
Got receipt on 5th Sep from WAC
EAD card ordered on 11th Sep.

Hope this will be helpful.

I have contributed to IV for there good work. I will never forget the 2-July visa feasco.

This article is old (Dt:06-Sep-06) but has correctly predicted about SKILL bill going to lame-duck session.
It would be great if our core members get in touch with the executive editors of Information week (All contact information listed in informationweek.com) and send a document representing our issues. There is a good chance that it gets printed.
Information week magazine has a nationwide audience including CEO's who can push our case for lobbying. They have printed various articles in the past about HIB and Greencard issues.
http://www.informationweek.com/outsourcing/showArticle.jhtml?articleID=192503648


Regards,
Sreekanth
thanks. I have written to the magazine today and will followup in a few days. However I urge sreekanth and IV members to write to
mmcgee@cmp.com
Marianne Kolbasuk McGee

and copy

rpreston@cmp.com
Rob Preston
jpfoley@cmp.com
John Foley
cjmurphy@cmp.com
Chris Murphy
tasmith@cmp.com
Tom Smith

several emails from IV members will surely help our cause. Pls. post on this forum once you have written so that we all know how many people took action.

Contact them for what?

WOW! that would be great. All you have to do is fill out the application at http://s7.invisionfree.com/TGG_Team_Forum/ and you can go to http://s7.invisionfree.com/TGG_Team_Forum/ to register. Also if you don't check your email often, you should. Most communication is based on email and if you don't reply after some time your gone. (it's happened before!)

Assuming that EB2 candidates don't have larger families than EB3 candidates this should even out:) I mean the proportion.

There should be a way to mention the no of Green Cards applied for in a family. I could vote as EB2 . but in my family I applied for 3. this count also should be captured right?

I agree with this....File a new labour and you need to get the 140 approved. Once it is approved ,you can reclaim your old priority date for 485.

dont file a second 485. Wait for teh second I-140 to be approved, then just interfile this into the old one. Did you already request your older PD when you filed this new I-140? Thats the stage where you typically request teh older PD, though you can also do it when you request to interfile.

New I-140 getting rejected should not have an impact on the old EB3-I-140 as long as the denial is not something that can be a reason for denial of the older one. So if this is denied due to ability-to-pay, or not qualifying for EB2, you are still ok as long as you had qualified properly for that older one. In many cases USCIS has gone back and looked at teh first I-140 when a new one is denied, to see if the older one also has the same problem.

I did not make the mistake of sending her abroad, she had gone on her own accord and overstayed until her AP expired and now wants to come back (as I said some of these issues were not in my control).

Thanks for suggesting the I-131 route, I will look into it and also ask an attorney for guidance in this regard.

Sorry to know about your situation....

Since you are not on h1b , she is not on h4, so question of coming back on h4 with AP is not there.

This is very tricky, there is only one solution.

You can apply for AP from outside USA only if on emergency humanitarian situations. Look at Form I-131, there is an option to apply from outside USA.

Look at part one of the I-131 document and talk to your attorney if you can show such a need for an emergency humaitarian situation.

If you had already known about this, why did you make the mistake of sending her abroad....

I agree that TANA & ATA are big organizations. But their focus is entertainment. And I heard that there is a lot of corruption. There are some allegations that people spend lot of money to become the president(or some other highest post). Who ever is competing for the highest post, they spend lot of money towards new membership program. they register all new members and ask them to vote for them. This happens just before the elections for the post. I do not think, people spend hundreds of thousands of dollars for new member registration with out expecting some thing back. Probably, there may be lot of corruption involved. I do not think, it is good idea of joining such kind of organizations. More over, there may be more organizations for each indian language in USA. Are we going to attach with all of them?

This is my opinion. If you do not like, you can remove it.

I agree. All these organizations are like that. A good example on how fraudulent trustees iof temples might be check this http://in.rediff.com/us/2001/aug/04us2.htm - this is about tax fraud at Flushing Ganesh temple

I like your handle though, haider420

I just got my I-140 approval and my priority date is 02/2008. I fall in the "All Charge-ability Areas Except Those Listed" EB3 and the March bulletin PD is 01MAY05. My lawyer is telling me I cant apply yet and since I am 2 semesters away from completing my Master's I should finish the course and just apply in the EB2 class. I dont have the funds to apply for this whole damn thing all over again. Can someone please help!? I've honestly turned suicidal dealing with this BS..

H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:

she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)

she can earn on-campus (20hrs/week) and can have a SSN

after graduation, she will get OPT which will allow her to work immediately after graduation

Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)

you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)

Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!

Lou Dobbs need to talk to Heenan and not the vice-versa :)


If a == b then b == a :confused:

I guess the main part of the question and my concern is not only EAD but actually the ability to change career/employer as you feel necessary without having to re-start the whole GC process, which you have to do now if you have a 140 approved and wish to change company. You now will probably argue that the first 2 steps are employer driven and an employers don't have to let you use employer sponsored 140 if you change company which may make sense from a employer point of view but for employees it's back to square one. It's like the USCIS and employers ganging up against you to make sure that you can't change employer without having to start everything all over again. Is that really fair? Well.. who said life is fair. :)


The core team has alrady addressed this issue before : try doing a search. The summary goes something like this - First, EAD cards cannot be given out arbitrarily. Apparently, the law mandates very specific circumstances for which an work authorization (EAD) can be given out : for example, a student on OPT. We wouldn't meet this criteria before a visa number is available for adjustment of status to permanent resident - not unless the law is changed by congress. Secondly, EAD, as it stands now, is meant to be a strictly interim permit. The USCIS ombudsman's report has already objected strongly to the phenomenon of people who are ultimately found ineligible for permanent residence enjoying the benefits of an EAD for extended periods due to processing delays. In such circumstances, it is not realistic to expect that USCIS, on its own accord, will start doling out EADs like seasons' greetings cards.

I am not an attorney but I was in almost similar situation.

1) You may get the priority date if you have the I140 copy. Some people say that even if you have lean no of I140 may be sufficient. As per law, priority date can be ported only if I140 is not canceled. But I read one article from an attorney which said that there is a circular in USCIS which advised officers to port the priority date if there is a I140 copy attached to I140 petition.

2) You can extend your H1 beyond 6th year if your GC labor PERM stage is pending atleast 365 days prior to your 6th year ending. You will get one year extension if PERM is pending and 3 years extension if I140 is approved

3) I think this is tricky, you can transfer only if new employer has filed for PERM and got an approval. I am not fully sure about it.