General Immigration Discussion

[Chilli19]

Ron Gotcher's ImmInfo Newsletter has been posted and is now available for viewing at
http://www.imminfo.com/News/Newsletter/2011-9-30/2011-9-30.htm

[nishant2200]

very informative. somehow clicking this link is not working, i went to their website and found newsletter link there. their blog is also down it seems.

basically there is good information about H1B over there.


Ron Gotcher's ImmInfo Newsletter has been posted and is now available for viewing at
http://www.imminfo.com/News/Newsletter/2011-9-30/2011-9-30.htm

[indiaeb2]

Thank you.
On another note - its not a good idea to use LOGO from another company as your Avatar. Just sayin ...

Done. Thanks for good advice

[indiaeb2]

If you never joined that compny how its going to help to prove ? If you are on bench without pay with the current employer, and if you submit the I-797 of another employer for that period...still you are out of status. Its not going to make any difference.

I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

[snathan]

I was never on Bench with my current consulting firm. I just did a mistake by applying tranfer early 06and it got approved but never even worked for them for a single day....

I am really confussed now..I have all the docs ready to mail out.....just waiting to get the answer for this one..should i show this i797 or not

Q- You suggested me to submit this as i wont create a issues. please take you take one more min to think for me on this before you say your final word

Nishant / Soggudu/Snathan/ Veni or any one please can you give me the right advice on this..as i dont want to be messed up on this..

Thanks

Its just my opinion...if you never joined or worked for them, do not submit. Always check with your lawyer

[eb2may2008]

Guru's,

My Priority Date is 15 May 2008. I have got an offer with better Perks and Position. New employer is ready to process GC from scratch. Is there any chance i may get current in another 3-4 months. I would like to know your valuable suggestions

[kd2008]

Spec and Nishant

Thanks for clarifying on the depature prior to AP being granted issue.It made me aware that there might be problems with the scenario.

The wording of the document is making me uncomfortable .Specifically the "granted before alien's departure part from US". I will have to make an decision on a similar situation where my spouse who is on a H4 visa and has maintained her status will have to travel to India sometime in Feb2012 . My 7th year H1 extension has been approved recently and I had planned for her to attend the visa interview and get her extension stamped as well.Technically if dates move in the next bulletin and I get current the AP would not have been granted by the time she leaves.

Now leaving aside problems associated with the visa stamping.Would she have an problem at the POE with an chance the officer might raise an question of I-485 having being abandoned ( even though the applicant was present in the USA when the application was filed and if she had an copy of the receipt ) .

I would like forum members to kindly desist giving advice on such specific cases or issues. Nobody -including me - on the forum is an immigration attorney and please do not expect help with legality of various scenarios. I hope you understand. USCIS is on a big crack down on illegal practice of immigration law & it may turn its eyes on such advice giving in forums such as this.

[skpanda]

i am no guru...but my 2 cents...

Assuming you are in EB2 - There is some (may be 30%) for you PD to be current. However you have almost zero chance of getting yor GC in FY2012.
Even if you decide the join the new company, your entire application process will take about 1 year (Assuming the new employer will start GC immidiately and you can port your old PD).

So your time to GC should be almost same with your current employer and prospective employer.
Only thing that will be different will be your time to EAD/AP. With your current employer there is a chance (30%) you will get it in next 6 months or so.

Good Luck!





Guru's,

My Priority Date is 15 May 2008. I have got an offer with better Perks and Position. New employer is ready to process GC from scratch. Is there any chance i may get current in another 3-4 months. I would like to know your valuable suggestions

[gcseeker]

kd2008

I understand the concern with advice giving.However the advice being given in the forum has helped many people plan better.

It is just my personal opinion that sharing of immigration advice would not constitute an illegal practise of immigration law.Also there was not anything particularly wrong with my question nor did I ask anything which is illegal.It was just an simple question of H4 travelling to India post I-485 filing.


Also kd2008 if you are referring to this blog post of USCIS on illegal practise of immigration law.Was that not aimed against people posing as lawyers and charging money (immigration scams) .I do not beleive it referred to forums or anything.

http://blog.uscis.gov/2011/06/uscis-initiative-to-combat-unauthorized.html

On the other hand it will outlaw every forum from murthy.com to any other forum sharing advice.Still if the moderators decide such questions should not be posted, will not be posting them nor will be expecting advice .



I would like forum members to kindly desist giving advice on such specific cases or issues. Nobody -including me - on the forum is an immigration attorney and please do not expect help with legality of various scenarios. I hope you understand. USCIS is on a big crack down on illegal practice of immigration law & it may turn its eyes on such advice giving in forums such as this.

[kd2008]

kd2008

I understand the concern with advice giving. However the advice being given in the forum has helped many people plan better.

It is just my personal opinion that sharing of immigration advice would not constitute an illegal practise of immigration law.Also there was not anything particularly wrong with my question nor did I ask anything which is illegal.It was just an simple question of H4 travelling to India post I-485 filing.

Still if the moderators decide such questions should not be posted, will not be posting them nor will be expecting advice .

GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

[gcseeker]

kd2008

Well thanks for clarifying.I still do not understand the logic fully because thousands of questions have been previously answered on this site about personal situations.

Anywaz I respect the current stance of the moderators or senior members and will refrain from asking any questions related to Immigration here :).

Peace


GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

[Pedro Gonzales]

kd2008

Well thanks for clarifying.I still do not understand the logic fully because thousands of questions have been previously answered on this site about personal situations.

Anywaz I respect the current stance of the moderators or senior members and will refrain from asking any questions related to Immigration here :).

Peace

I don't think that was kd2008's point at all. All he says is to ask the question as a 'Has anyone seen any instructions on ....' or 'Has anyone done ....', rather than, 'What do you think I should do?'

I personally think kd2008 may be a little too conservative but then he's done some research on the subject and I have not, so i'd go with his advice on this.

[qesehmk]

KD good point about legality and I think all members should take note that none of this is legal advice.

As per leaving to india without AP - my personal thinking + opinion is that you will NOT abandon 485 status as long as you filed 485 while in US, received receipts while in US and then left for India with either AP or some other valid immigrant status.

Not having AP only creates problems in your coming back. So if left with a valid H1 or any other immigrant visa then you can come back on that visa as long as the visa is valid.

If your status in US expired....
after you filed 485 - then you are still in valid status by virtue of 485.
before you filed 485 - then the filing itself is questionable and there is a very good chance the 485 will be rejected.

so when you leave US with a valid H1 or L1 status thats ok even if you don't have AP since you can always come back using the existign visa or can stamp a new visa based on the qualifying document for H1 or L1.

Its the situation when 485 is filed, you have no other immigrant status other than AOS that's when if you leave US without AP then your 485 may be deemed to be abandoned.

Again not a legal advice. If you are concerned - this is something I wouldn' ttry to save money and go directly to a lawyer.


GCSeeker, you are always welcome to ask questions, simple or complex. There was absolutely nothing illegal about your question. But the framing of the question makes all the difference and helps protect forum members from legal issues. BTW, H4 traveling to India post I-485 filing w/o AP in hand is a serious legal question, even if a simple one in my personal opinion.

If a question asks if anyone has been in this situation or where can I look up information on this, then it is alright for forums members to answer. Using language over what you should do or could do is a little more dicey. Forums like Murthy etc are moderated by folks in immigration business and hence are a different case.

[gcseeker]

Q

Thanks for clarifying and also sharing your view .The advice really helps .

Also thanks to Pedro for clarifying on the intent :) ,will make sure questions are phrased the right way.




KD good point about legality and I think all members should take note that none of this is legal advice.

As per leaving to india without AP - my personal thinking + opinion is that you will NOT abandon 485 status as long as you filed 485 while in US, received receipts while in US and then left for India.

Not having AP only creates problems in your coming back. So if left with a valid H1 or any other immigrant visa then you can come back on that visa as long as the visa is valid.

If your status in US expired....
after you filed 485 - then you are still in valid status by virtue of 485.
before you filed 485 - then the filing itself is questionable and there is a very good chance the 485 will be rejected.

so when you leave US with a valid H1 or L1 status thats ok even if you don't have AP since you can always come back using the existign visa or can stamp a new visa based on the qualifying document for H1 or L1.

Its the situation when 485 is filed, you have no other immigrant status other than AOS that's when if you leave US without AP then your 485 may be deemed to be abandoned.

Again not a legal advice. If you are concerned - this is something I wouldn' ttry to save money and go directly to a lawyer.

[rahul2011]

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?

Note: My Wife is not primary application.

Can you please provide your input on this?

[sswaitinggc]

Spec, i have valid h1 and my wife h4 but not stamped, from what i googled and from all the post above, she will be able to travel without any impact to 485, which is a big relief....i am going to speak to attorny tomorrow just to be sure....

[soggadu]

Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?


Note: My Wife is not primary application.



Can you please provide your input on this?

In my experience the i94 number doesn't change and stays the same when you get new 797 .... It only chanes at the port of entry when you are coming back into US......

You don't need a valid 797 to apply for ead but you have to have legal presence to apply for ead which can even be on a h1 reciept ....

Gurus please confirm...

[veni001]

In my experience the i94 number doesn't change and stays the same when you get new 797 .... It only chanes at the port of entry when you are coming back into US......

You don't need a valid 797 to apply for ead but you have to have legal presence to apply for ead which can even be on a h1 reciept ....

Gurus please confirm...


Hi All,

Sorry for posting this in wrong thread.

MY PD is Nov 15 2007 and i am in the process of getting ready with the Documentation. i have a concern regarding my wife EAD application. Recently Her employer applied for the H1B extension and the case is still in processing stage as it is normal processing and it will take some more time to get it approved. Currently she is working on H1B Extension receipt number.
I Noticed Allen Number or I94 Number column in I-765 application. I am not sure which one should I mention as her i94 was expired 2 weeks back and she is working based on H1B extension receipt number.
My Question was , Do we really need to have her H1B approval along with I94 in order to file EAD ?

Note: My Wife is not primary application.

Can you please provide your input on this?

Until one receives their i485 receipt, don't have A#.

So in this case, i assume your wife applied for COS to H1, enter i-94# (i765 question 10).

[rahul2011]

Until one receives their i485 receipt, don't have A#.

So in this case, i assume your wife applied for COS to H1, enter i-94# (i765 question 10).

it is H1B extension and she will get I 94 # number only after H1B approval. He has only Just receipt Number and in this case how can we enter i 94

[rahul2011]

Thanks Soggadu for your quick response.

[nishant2200]

qblogfan, you are an Oracle now :)

29 days to go for next VB.

[qblogfan]

Thank you, Sir!

Actually I have been very happy about this upgrade today!

I am always happy to see upgrades of my account level!

When can I become a guru? I don't know much, so I think I may become a "fake" guru in one day, haha.

I also look forward to seeing the next VB, although my PD is 2.5 months later than you.

I think you will definitely become current in the next VB. Good luck to you and me! :)


qblogfan, you are an Oracle now :)

29 days to go for next VB.

[nishant2200]

You are most welcome qbf.

You deserve your upgrade, I shall never forget you.

Guru thou shall be bestowed soon at this rate!

Ideally speaking, CO should grab till 1st Feb 2008 in Dec VB and till 1st may 2008 in Jan VB and then he will have a good inventory with buffer. Let's hope for this best case.

Let's also hope that their focus on 485 inventory maintains status quo on 140 backlog. Remember sometime next year PP in EB1C is coming to spoil party a bit.


Thank you, Sir!

Actually I have been very happy about this upgrade today!

I am always happy to see upgrades of my account level!

When can I become a guru? I don't know much, so I think I may become a "fake" guru in one day, haha.

I also look forward to seeing the next VB, although my PD is 2.5 months later than you.

I think you will definitely become current in the next VB. Good luck to you and me! :)

[ggk189]

I have been following this post for the past few months and really like the extensive analysis that has been performed. The PD in my instance is feb22 2008. I am hoping that your predictions come true so that we can have a chance to file for EAD .

[veni001]

it is H1B extension and she will get I 94 # number only after H1B approval. He has only Just receipt Number and in this case how can we enter i 94

rahul2011,

i-94 number will remain same, if COS or Extension (H1/H4) is approved while the person is in US.

[venkimakthal]

You are most welcome qbf.

You deserve your upgrade, I shall never forget you.

Guru thou shall be bestowed soon at this rate!

Ideally speaking, CO should grab till 1st Feb 2008 in Dec VB and till 1st may 2008 in Jan VB and then he will have a good inventory with buffer. Let's hope for this best case.

Let's also hope that their focus on 485 inventory maintains status quo on 140 backlog. Remember sometime next year PP in EB1C is coming to spoil party a bit.

Guru, what you written is more optimistic to me.

[kingcaeser]

Gurus,
Me and My wife had medicals recently. When they gave the PPD injection, my skin was back to normal but my wife had swelling on her hand. Doctor said, it is normal as many indians tend to show this as positive initially. They the did the X-ray which is negative.

Yesterday I read that if the PPD test comes positive, we have to get 9-month treatment and then only be eligible for filing I-485 (cant locate where I read this). Is this correct? Please provide your ideas on the matter.

P.D 17-Sep-2007 EB2-I

Thanks

[qesehmk]

I remember it faintly .... so don't take my word to bank. But I think most indians test positive for TB on the skin test or something like that. But then if X ray is normal then skin test is ignored.
Gurus,
Me and My wife had medicals recently. When they gave the PPD injection, my skin was back to normal but my wife had swelling on her hand. Doctor said, it is normal as many indians tend to show this as positive initially. They the did the X-ray which is negative.

Yesterday I read that if the PPD test comes positive, we have to get 9-month treatment and then only be eligible for filing I-485 (cant locate where I read this). Is this correct? Please provide your ideas on the matter.

P.D 17-Sep-2007 EB2-I

Thanks

[psczd4]

Look at the official instructions for filing 485 (http://www.uscis.gov/files/form/i-485instr.pdf) to clarify your doubts. I checked and it didn't look like they ask us to submit paystubs or w2s. But don't take my word for it. Go check it yourself.


I'm current based on the Nov. 2011 Bulletin. I received the list of documents to be submitted and W2 and paystubs were not included. Will request if we need this information was their reply.

[psczd4]

I'm current based on the Nov. 2011 Bulletin. I received the list of documents to be submitted and W2 and paystubs were not included. Will request if we need this information was their reply.

Sorry....Received the list from my lawyers

[chikitsak]

The 9 month treatment has to be initiated to apply. You have to start the treatment and have documentary proof of that. The physician who starts the treatment fills out the last section on your Form 693.
You do not have to wait 9 months till end of treatment.
For starting treatment the doctor will get liver function tests and give you a prescription of 2 medications.

I hope this answers your question


Gurus,
Me and My wife had medicals recently. When they gave the PPD injection, my skin was back to normal but my wife had swelling on her hand. Doctor said, it is normal as many indians tend to show this as positive initially. They the did the X-ray which is negative.

Yesterday I read that if the PPD test comes positive, we have to get 9-month treatment and then only be eligible for filing I-485 (cant locate where I read this). Is this correct? Please provide your ideas on the matter.

P.D 17-Sep-2007 EB2-I

Thanks

[chikitsak]

To the best of my knowledge:
If the Skin test is positive you have the option of having a blood test which is more sensitive. This is called a TB spot test. This does not turn positive just by getting a BCG vaccine. If this test is negative, nothing needs to be done.
If this is positive, treatment has to be initiated. Chest Xray then determines the duration of the treatment. 6 months or 9 months. one drug (plus vitamin)or multi-drug.

The TB spot test costs about $100/-

I remember it faintly .... so don't take my word to bank. But I think most indians test positive for TB on the skin test or something like that. But then if X ray is normal then skin test is ignored.

[Eb2_Dec07]

Gurus,
Do you recommend getting the medicals done as I'm a month away in Eb2 Ind.

Also if it becomes current next vb, when do you think I should expect GC at hand realistically ? For medicals to set up an appointment with civil surgeon, do I need to take any documents as a pre-requisite . Thanks much for all the help. You guys are great as always.

[kpt112107]

Highway in Long Island. (Named as biggest parking lot (traffic) in US)


hello sir, what is 495? haha :)

[yesman]

hello sir, what is 495? haha :)

you guys are brutal man! lol! A little humor never hurt anyone :)

[grnwtg]

by the way I495 sucks in DC area....i faced night mares with traffic similar to what i am facing to apply for I485
Ha Ha


Highway in Long Island. (Named as biggest parking lot (traffic) in US)

[vizcard]

Highway in Long Island. (Named as biggest parking lot (traffic) in US)

This is true. However, 495 is also the beltway around DC. Another parking lot!

[Eb2_Dec07]

I think you will definitely be able to submit 485.

Thanks qblogfan. one the same note should I get my medicals done this month itself rather than wait until VB is out .

[GhostWriter]

Just a reality check for those expecting immigration reform in the bad economy. Hope you won't shoot the messenger.

From Bloomberg news (based on Bloomberg-Washington Post national poll)
An almost 2-to-1 majority rejects one remedy proposed by former Massachusetts Governor Mitt Romney to increase the number of legal immigration visas available to foreigners with advanced degrees in math, science or engineering. That idea is even less popular among Republicans and Republican-leaning independents, with 63 percent opposed and 27 percent in favor.

http://www.bloomberg.com/news/2011-10-10/cain-pulls-even-with-romney-on-economy-for-republican-supporters-in-poll.html

[qblogfan]

Thank you for your wishes.

I really want to get an AP in this winter because I really want to visit my parents. I haven't been home for three years!

Maybe my PD makes me biased when looking at the future movement, but I do believe folks before April 2008 should have a good chance!

Let's see what will happen after 28 days. Best luck to all of us!


qblogfan I agree that the buffer should be at least 30-35K. Teddy what according to you should the buffer be?
qblogfan I hope you are able to file your 485 get AP and travel to china and when you do that let us know, we can all then share your happiness.

[leo07]

I'm positive you will be current in the next VB. I'm worried the month after, because there is a point where DOS needs to deal with reality in the very near future.
Until atleast March-April-May vbs, things could slow down a bit.

Hi Teddy ,

I'm 4 dEC 2007 EB2 IND . I will be devastated if it were to stop at 1 Dec 07 next VB. Hopefully it moves much further.

Eb2

[saro23]

Hi Experts,

I am new to this forum..Currently I am in tricky situation..My Priority date is current as per the new bulletin but my H1B extension is in progress. My I94 already expired and I got RFE for my H1B extension (details yet to known)..What are my options? Should I wait for my H1B approval or Can I file my 485 based on my H1 receipt?.. Am I eligible to stay once I file 485 even if there is any trouble in my H1..Advice please

Thanks
Saro23

[Kanmani]

Friends

Anybody got H1B extension 3rd span recently? Did you get the 2 page approval notice and in the 2nd page with a disclaimer saying that DHS deserves the right to verify the information submitted with the petition by any mode like visiting, telephoning etc etc .........

[essenel]

Kanmani, I recently got a 3rd H1B extension approval and also got a 2 page approval notice with similar wording (probably the same wording, but I don't have my approval notice infront of me right now)...


Friends

Anybody got H1B extension 3rd span recently? Did you get the 2 page approval notice and in the 2nd page with a disclaimer saying that DHS deserves the right to verify the information submitted with the petition by any mode like visiting, telephoning etc etc .........

[Chilli19]

After 6 years of hard work, patience & persistence, we are at the doorstep of success
Dear ** member,

We are excited and pleased to announce that after 6 years of our hard work, your hard work, we finally have a bill that has a very good chance of actually passing in the Congress in next 6-8 weeks. Please find below some critical updates and link to action items.

For over 6 months, members of Immigration Voice have been working behind the scenes to bridge the gap between various sides, coordinating between different groups, our employers and petitioning the Members of Congress. On the 4th anniversary of Immigration Voice rally, members from across the country organized over 160 meetings with the key decision makers in the Congress. To prevent any unnecessary attention we coordinated and organized these meetings with energetic and highly motivated group of Immigration Voice members and leaders.

On 22nd September, Congressman Chaffetz and Smith sponsored H.R. 3012 in the US House of Representatives. We applaud Congressman Chaffetz and Judiciary committee Chairman Lamar Smith for leading the effort for removing per country limits. Here is the press release (http://chaffetz.house.gov/press-releases/2011/09/chaffetz-introduces-immigration-bill.shtml) from Congressman Chaffetz website. H.R. 3012 is scheduled for mark-up in the House Judiciary Committee for this Thursday and Friday. See details here on Judiciary committee website (http://judiciary.house.gov/hearings/calendar.html) . Here is the bill summary (http://****************.org/media/HR3012_Bill_Summary.pdf) . This is a big deal given the fact that not one bill for high sk! ills immigration has passed Congress since AC21 Act in Oct 2000. This will be the first one in 11 years.

The proposed bill H.R. 3012 removes per-country limits in employment based green card category. If enacted, this bill will drastically reduce the wait times of everyone in the current backlogs. A similar bill was sponsored by Congresswoman Lofgren in August, 2008. So the idea of this bill has bi-partisan support in the Congress. Immigration Voice applauds Congresswoman Lofgren's leadership on fixing high skilled immigration system.

The most important thing now is to give this effort a final and consequential push. Although this bill has wide support, it is not a done deal yet. We all need to actively get involved in making phone calls and sending emails/faxes to the Congress in order to give this bill a grassroots voice and also to out-number, outlast and out-weigh any push from either people opposed to immigration in general or opposed to removal of per-country limits. Now is not a time to take a break and risk 6 years of effort that went into reaching this phase.

We all agree that high skills immigration should allocate and distribute green cards to the skilled immigrant workforce based on principle of first-come-first-serve-basis. Members of Congress have listened and now they agree with this principle. Our employers whom we wrote letters and petitions internally in large high-tech companies also agreed with us. And even when our case has lots of merit, merits alone do not drive the legislative activity in Congress. There are many bills in Congress that have a lot of merits and can do a lot of good but are never voted in Congress because a small faction holds it up. We cannot let that happen to us, not this time.


If you have contributed time, money or effort so far to Immigration Voice, that's great. But that is needed again for next 6-8 weeks. If you have never done this, now is the time to do this. If this bill fails, there will not be another bill in 2012 because that's an election year where legislation do not happen easily. In 2013, the chances are slim again and depend on election outcomes. So this is it.


If you recently received your green card then you can easily relate to the problems your friends continue to go through. If you are only 1-2 years away from being current in your case, a lot can happen in next 1-2 years. You may face a worse economy, be laid off, be in a company that gets acquired by another company or merges with another company. All this is not good for green card process. So let us do all we can to protect our accomplishments, our future and our families' future.


Please see the link below for some critical action items. We have to complete the action items, in support of H.R 3012, in large numbers to significantly outnumber those that oppose this bill. Because if this bill fails this year, it will be a failure that likely sticks with all of us for next 2-3 years.
Here is the action item list -
http://****************.org/forum/forum85-action-items-for-everyone/2484855-h-r-3012-urgent-action-items-letters-phone-calls-and-fundraising.html#post2919608


Thank you!


Team **

[rahil1]

THREAD IS OPEN NOW.

PLEASE FOLLOW THESE GUIDELINES. Best wishes in your GC journey!

1. Only post thoughts relating to predictions in this thread. Either contribute a thought, challenge a thought, ask a question which leads to brainstorming.
2. Before asking a question be a responsible user and do your homework. Visit other threads too to be aware and help out. 3. If you can ask a private question - please do that rather asking to everybody.
4. Use PM facility, and make friends as necessary.
5. Above all use this forum to learn about GC process rather than asking questions "when will I get my GC or EAD or AP etc".

The more we keep this thread clean the more it helps everybody to get value out of it!!

Can we thank people here?

[nishant2200]

Guys, following was posted on OH Law Firm, credit to OH law firm breaking news (http://www.immigration-law.com/)

Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

---------------------------
This is not good for potential SOFAD from EB2ROW 1 to 2 years down the line when these guys are able to convince their employers to start their GCs, of course only some of these will be ROW, many might be just Indians or Chinese. Depends on how many international students are from other countries. Just an observation. As even a couple of thousand makes a big difference sometimes to EB2 I/C.

[qblogfan]

I agree with you. It looks like more applicants have US Master degrees and it's bad news for the spillover in FY 2013 and 2014.

Most of the companies won't start GC process until the employees provide one or two years of service.


Guys, following was posted on OH Law Firm, credit to OH law firm breaking news (http://www.immigration-law.com/)

Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

---------------------------
This is not good for potential SOFAD from EB2ROW 1 to 2 years down the line when these guys are able to convince their employers to start their GCs, of course only some of these will be ROW, many might be just Indians or Chinese. Depends on how many international students are from other countries. Just an observation. As even a couple of thousand makes a big difference sometimes to EB2 I/C.

[immi2910]

I agree with you. It looks like more applicants have US Master degrees and it's bad news for the spillover in FY 2013 and 2014.

Most of the companies won't start GC process until the employees provide one or two years of service.

Aren't you assuming that most of applicants with US Master's will fall into EB2-ROW? I believe it will be the other way i.e. most of the applicants will fall in EB2-IC (since they generally are a bigger F1 population). Thus, it will have no impact on the spillover.

[grnwtg]

I dont think this makes any difference this year particularly, as master quota is getting filled from the time it was started. Probably this time it got filled couple of months before if i remember correctly.
And i believe 80% of these will be Indians/chinese. But there will be hand ful people from Pakistan, Nepal and bangladesh who will definetly reduce spill over for 2013/2014 quota little bit.


Aren't you assuming that most of applicants with US Master's will fall into EB2-ROW? I believe it will be the other way i.e. most of the applicants will fall in EB2-IC (since they generally are a bigger F1 population). Thus, it will have no impact on the spillover.

[bieber]

Nishanth

I don't think it's that critical, having master's degree is only half the task, convincing employer to file under EB2 is all together a different issue and to my surprise not many new kids are learning about gc process early and starts filing unless they have some in the family who forces them to do it fast.

down the line, EB2I may/will increase but not because of h1b quota filings but due to increaseing awareness of gc procedure.

[gcseeker]

Nishant

I would agree this would have an impact on 2013/2014 spillover depending on how many choose an Phd option.The counterarguement would be the job requirements have tigtened and just an master's would not justify filing in EB2.Also this is in line with the trend that large number of Indian students are now pursuing American degrees with the new found wealth back in the homeland.Many parents are preferring their children go abroad even for bachelor degrees.

Article
http://www.usinpac.com/component/lyftenbloggie/2011/05/03/129-indian-students-to-the-us-have-nearly-doubled-in-10-years.html
http://www.usinpac.com//images/stories/figure1.jpg

I am not able to find the exact Timesofindia link but there was an piece in the educationtimes section which had specific statistics for 2010 and 2011 which showed a clear preference to Usa.

However for pure economic reasons the Usa might be forced to undertake some sweeping legislation to clean up the legal immigration mess and welcome more people and maybe that will finally help. It is still early to pick the election races but am still convinced the Repubs will be better in this particular area.





Guys, following was posted on OH Law Firm, credit to OH law firm breaking news (http://www.immigration-law.com/)

Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

---------------------------
This is not good for potential SOFAD from EB2ROW 1 to 2 years down the line when these guys are able to convince their employers to start their GCs, of course only some of these will be ROW, many might be just Indians or Chinese. Depends on how many international students are from other countries. Just an observation. As even a couple of thousand makes a big difference sometimes to EB2 I/C.

[immitime]

Wow,. more caution from now on.... while applying for H1, and H1B success nowadays is all a combination of Employer, Employee and Attorney tuning....and of course the prayers and good luck too... even if you have an approved I-140, they approves the H1 for maximum 1 year.. I never understand this logic, where is the L A W and POLICY here???? This is might is right thing.

I wish we all get GC ASAP. This modern day torture should not last long! we are used as scape goats for political gains!


Friends

Anybody got H1B extension 3rd span recently? Did you get the 2 page approval notice and in the 2nd page with a disclaimer saying that DHS deserves the right to verify the information submitted with the petition by any mode like visiting, telephoning etc etc .........

[shivarajan]

My wife got approval based on I140 for 3 years few days ago.
May be its case by case basis.

[immitime]

I think your wife might be working for the direct client not consulting.(or got a letter from the client with a 3 year end date of the project) in that case she can get 3 years, if there are layers, more the layer greater the RFE and bigger the problems.


My wife got approval based on I140 for 3 years few days ago.
May be its case by case basis.

[skpanda]

Hey Nishant,
Can you please clarify what you mean by 'take out regular cap numbers'?? They will stop new H1 applications or simply that Master degree in US guyz will apply in regular quota?

Thanks!



Guys, following was posted on OH Law Firm, credit to OH law firm breaking news (http://www.immigration-law.com/)

Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

---------------------------
This is not good for potential SOFAD from EB2ROW 1 to 2 years down the line when these guys are able to convince their employers to start their GCs, of course only some of these will be ROW, many might be just Indians or Chinese. Depends on how many international students are from other countries. Just an observation. As even a couple of thousand makes a big difference sometimes to EB2 I/C.

[nishant2200]

Hey Nishant,
Can you please clarify what you mean by 'take out regular cap numbers'?? They will stop new H1 applications or simply that Master degree in US guyz will apply in regular quota?

Thanks!

Masters in usa will count in regular quota

[meetasn]

Hi spectator,

My PD is 22 April 2008, My H1 is expiring on 26 April 2012. So I have to apply for H1 extension.If every this goes fine and gets EAD before that, I want to skip applying H1.

[leo4ever]

Hi spectator,

My PD is 22 April 2008, My H1 is expiring on 26 April 2012. So I have to apply for H1 extension.If every this goes fine and gets EAD before that, I want to skip applying H1.

I am not a Guru but my suggestion would be to be prepared to apply for H1B Extension.

[qesehmk]

Its always advisable to have H1 all through while your GC is being processed just in case something untoward happens to your GC.
Hi spectator,

My PD is 22 April 2008, My H1 is expiring on 26 April 2012. So I have to apply for H1 extension.If every this goes fine and gets EAD before that, I want to skip applying H1.

[vizcard]

Agreed. H1 at this point is a safe bet. 1 yr or 3 yrs is entirely up to you (and your lawyer). Personally, my H1 expires on 11/30/2012. My PD is 8/20/2008. I will most likely be in a similar situation a year from now and i fully intend to apply for H1 followed by EAD/AP.

[meetasn]

Thanks a lot , I will apply my H1 Extension.

[druvraj]

Guys,

Recently I was looking at my case status on USCIS website and it said Initial Review. My i140 is approved with a PD of feb 2008. I know that my PD is still 4 months away but should I be worried that it still says Initial review. In fact based on my I140 approval I got additional 3 yrs extension.

[tanu_75]

Guys,

Recently I was looking at my case status on USCIS website and it said Initial Review. My i140 is approved with a PD of feb 2008. I know that my PD is still 4 months away but should I be worried that it still says Initial review. In fact based on my I140 approval I got additional 3 yrs extension.

That's interesting. Did you happen to check it before, say a month or two back? What was the status then? I checked out mine (PD Jan 2008) and it says Post Decision Activity, referring to when it was approved.

[nishant2200]

Guys, if you got the actual approval notice, that's it. The online status check is totally messed up and not trustworthy. My H1 extension says in review since months, while I actually got the approval months back.

I also know a guy who has got his GC, and the status of 485 still says received response to RFE.


That's interesting. Did you happen to check it before, say a month or two back? What was the status then? I checked out mine (PD Jan 2008) and it says Post Decision Activity, referring to when it was approved.

[skpanda]

I have the same problem, however my status in USCIS website has always shown Initial Review. Since I have the approval notice, I did not care.


Guys,

Recently I was looking at my case status on USCIS website and it said Initial Review. My i140 is approved with a PD of feb 2008. I know that my PD is still 4 months away but should I be worried that it still says Initial review. In fact based on my I140 approval I got additional 3 yrs extension.

[familyguy]

I received approved copy of 140 in apr 2008 and the online status has always shown as 'initial' review... do not trust online case tracker...


Guys, if you got the actual approval notice, that's it. The online status check is totally messed up and not trustworthy. My H1 extension says in review since months, while I actually got the approval months back.

I also know a guy who has got his GC, and the status of 485 still says received response to RFE.

[druvraj]

I have the same problem, however my status in USCIS website has always shown Initial Review. Since I have the approval notice, I did not care.

My status has been in initial review since June of this year. If you are talking about I140 approval notice, yes I have that. So I guess I am fine. Thanks. Does this also mean that in the next VB dates might not move till feb 2008?

[nishant2200]

My status has been in initial review since June of this year. If you are talking about I140 approval notice, yes I have that. So I guess I am fine. Thanks. Does this also mean that in the next VB dates might not move till feb 2008?

Are you trying to imply any relationship with the case status updates and date movement? There is totally no dependency there. Clarify if you think I misunderstood.

[venkimakthal]

Agreed. H1 at this point is a safe bet. 1 yr or 3 yrs is entirely up to you (and your lawyer). Personally, my H1 expires on 11/30/2012. My PD is 8/20/2008. I will most likely be in a similar situation a year from now and i fully intend to apply for H1 followed by EAD/AP.

I also in a similar situation, my H1 expires on 6/30/2012 and my PD is 04/08/2008

[iamdeb]

Hi,

I am looking for some immediate advice regarding my wife's OPT EAD.
She has been on her post OPT EAD working on a voluntary position till her. Recently she got job offer from a big American
recruiting company who have managed to place her in a client side. However the company doesn't process H1B visa.
What are the options for her now?
Really appreciate some immediate advice on this.

Thanks,
Deb

[krishnav]

Hello All,

I had a question about Green Card. Lets say I get my EAD approved and get the card and something happens to the company that sponsored my GC and they close it. What are my options in that case?
Is my whole GC process wasted or am I safe to work for anyone at that point if I use the EAD? Please someone shed some light on this.

Thanks.

[TheTexan]

Hello folks!

I know I've asked this question before but I wanted to understand in as clear terms as possible -

My pd is 11July 2008. I have approved labor and I140 but have not eligible to file for 485. Another company will be making an offer soon.

Questions -

1) At first I'll have to transfer my H1b to the new company right?
2) If the new company is ready to apply for labor cert and assuming I get approved labor and I140, can I use my 2008 pd? If my present employer does not revoke I140?
3) Can I still use my 2008 pd even if my present employer revokes it?
4) Has anyone gone through the same experience as in not Eb3 to Eb2 but using old pd?
5) How long does labor cert take these days?


My lawyer is on vacation and will not be back until next week. I'd appreciate any help, suggestions.

Thanks,

3)

[immi2910]

Hello folks!

I know I've asked this question before but I wanted to understand in as clear terms as possible -

My pd is 11July 2008. I have approved labor and I140 but have not eligible to file for 485. Another company will be making an offer soon.

Questions -

1) At first I'll have to transfer my H1b to the new company right?
2) If the new company is ready to apply for labor cert and assuming I get approved labor and I140, can I use my 2008 pd? If my present employer does not revoke I140?
3) Can I still use my 2008 pd even if my present employer revokes it?
4) Has anyone gone through the same experience as in not Eb3 to Eb2 but using old pd?
5) How long does labor cert take these days?


My lawyer is on vacation and will not be back until next week. I'd appreciate any help, suggestions.

Thanks,

3)

1) At first I'll have to transfer my H1b to the new company right?
Yes

2) If the new company is ready to apply for labor cert and assuming I get approved labor and I140, can I use my 2008 pd? If my present employer does not revoke I140?
Yes. You should be able to use your old PD. As I understand once I-140 is approved PD is yours

3) Can I still use my 2008 pd even if my present employer revokes it?
Yes. Once I-140 is approved PD is yours. If employer withdraws you still get to keep your PD. Only when USCIS revokes I-140 due to fraud do you lose your PD

4) Has anyone gone through the same experience as in not Eb3 to Eb2 but using old pd?

5) How long does labor cert take these days?
Labor takes around 90 days once you file. Your company may have to provide proof that no Americans were available for the job and may have to do recruitment, which will need to happen before you can file.

[TheTexan]

Thanks buddy.

[iatiam]

Saw this website the other day - http://www.myprioritydate.com/. Looks like they are giving really really optimistic forecasts for PD becoming current. For example, for some one in EB2I with today's PD will become current in Feb 10, 2013. How crazy is that?

[indiasunil]

Saw this website the other day - http://www.myprioritydate.com/. Looks like they are giving really really optimistic forecasts for PD becoming current. For example, for some one in EB2I with today's PD will become current in Feb 10, 2013. How crazy is that?

That is just a software program ... If you give March 1st 2008.. it will show as Nov. 28th.. Do we get VB everyday ?? Its just timepass program i guess.

[nishant2200]

That is just a software program ... If you give March 1st 2008.. it will show as Nov. 28th.. Do we get VB everyday ?? Its just timepass program i guess.

yes agreed, main utility of website is at least you can see past years movements in numbers and graphs

[immi2910]

Saw this website the other day - http://www.myprioritydate.com/. Looks like they are giving really really optimistic forecasts for PD becoming current. For example, for some one in EB2I with today's PD will become current in Feb 10, 2013. How crazy is that?

The program just averages recent movements in dates and extrapolates it to the future. It does not even try to guess how many applications are pending.

[Pdmar08]

I am becoming current on 12/3/11
Based on our mathematic calculations we estimate that
your priority date may become current on: December 03, 2011

calling my pcp...CS...attorney and company...

Sorry guys...couldnt resist, just kidding, for the first time in 9 years i m celebrating diwali at home...iExcited.

[cbpds1]

You can buy ur GC if this one goes thru. :)

http://www.foxnews.com/politics/2011/10/20/senators-draft-bill-to-give-visas-to-foreigners-buying-pricey-homes/

[immitime]

You can buy ur GC if this one goes thru. :)

http://www.foxnews.com/politics/2011/10/20/senators-draft-bill-to-give-visas-to-foreigners-buying-pricey-homes/

of course if you have stacked the cash under your bed sheet!! this is all to pacify the Legal immigrant community to show that they are doing something. Just showing a Carrot, there may be very less people who have this much hot cash in this economy!

[vishnu]

Also, this isn't a regular green card (doesn't allow people the right to work). So the whole program is very bizarre and Im sure will have few takers.

[tanu_75]

tanu, I would tend to say 31st Jan rather than 1st Jan.

ok thanks.

[Jan2008]

tanu, I would tend to say 31st Jan rather than 1st Jan.

Q, Apke mooh mein ghee aur shakkar aur baki sab kuch jo apko pasand hai agar date 31st Jan' 08 tak jaye (Na jaye fir phi apko sab kuch mile :))



I am Jan 6th.. Hoping to get at least EAD in a few months :)

[soggadu]

Q, Apke mooh mein ghee aur shakkar aur baki sab kuch jo apko pasand hai agar date 31st Jan' 08 tak jaye (Na jaye fir phi apko sab kuch mile :))



I am Jan 6th.. Hoping to get at least EAD in a few months :)

Amen to that Jan2008....

[iamdeb]

Hi,

I have one query about H1B.
Suppose my wife's H1B is filed by company A and it gets approved.
Few months down the line the company revokes her H1B, then I think she be eligible to work for any another company (say B) who files for her H1B.
My question is that will she considered in the 65K cap again when she files for her new H1B and will she have to wait for Oct month to start working?

Thanks,
Deb

[leo07]

AFAIK, she will not be counted from the 65k cap. She can take her H1B with her to another company. However, she cannot use her old H1B for any purpose, including travel/staying in the US. Of course, there are statutory time limitations.

Hi,

I have one query about H1B.
Suppose my wife's H1B is filed by company A and it gets approved.
Few months down the line the company revokes her H1B, then I think she be eligible to work for any another company (say B) who files for her H1B.
My question is that will she considered in the 65K cap again when she files for her new H1B and will she have to wait for Oct month to start working?

Thanks,
Deb

[iamdeb]

Thanks for the clarification Leo.

So it means that once her H1b is revoked she has to switch to H4 immediately.
Also, once she gets a job again she can come back on new H1B and wouldn't fall into cap limit and wouldn't have to wait till October to start on her new job.

Am I getting it correct?

[vizcard]

What happened to the 2012 calculations thread? Its closed ?

[grnwtg]

Here is the thread you are looking for..

http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012

Infact i myself got confused few time as i guess thread structure is changed recently and takes few days for everyone to adjust to it.


What happened to the 2012 calculations thread? Its closed ?

[tanu_75]

Here is the thread you are looking for..

http://www.qesehmk.org/forums/showthread.php?148-EB2-Predictions-(Rather-Calculations)-2012

Infact i myself got confused few time as i guess thread structure is changed recently and takes few days for everyone to adjust to it.

I think he is aware of the link. But it does appear that posting has been closed.

[iamdeb]

Question about H1 to H4 to H1.

I have one query about H1B.
Suppose my wife's H1B is filed by company A and it gets approved.
Few months down the line the company revokes her H1B and she moves to H4.
Again after few months once she gets a job again she can come back on new H1B and wouldn't fall into cap limit and wouldn't have to wait till October to start on her new job.

Am I getting it correct?


Thanks,
Deb

[immi2910]

Question about H1 to H4 to H1.

I have one query about H1B.
Suppose my wife's H1B is filed by company A and it gets approved.
Few months down the line the company revokes her H1B and she moves to H4.
Again after few months once she gets a job again she can come back on new H1B and wouldn't fall into cap limit and wouldn't have to wait till October to start on her new job.

Am I getting it correct?


Thanks,
Deb

Yes. Once her H1 is approved she is CAP exempt.

[vizcard]

I think he is aware of the link. But it does appear that posting has been closed.

Yup. You got it. The thread in question is now open.

[bieber]

Nishanth, your manager does that because he knows you have to stick with the company?
or he will do that regardless?

[nishant2200]

Nishanth, your manager does that because he knows you have to stick with the company?
or he will do that regardless?

yes bieber, it's basically because we indians agree to everything, which the american would refuse or ask for proper time, or incentive.

The post was out of frustration guys. I am doing half work of manager as well as half architect on the salary of senior engineer and it's driving me crazy. My jail sentence hopefully will be over in a year. My friend Teddy has a quote: 5 saal ka banwas, 6 mahine ka agyatvas. (I don't know how to translate properly, but it's based on Mahabharata story, and here it goes: 5 years exiled in forest, 6 months in hiding)

[tanu_75]

http://mumbai.usconsulate.gov/cut_off_dates.html

15 Mar 2008 - EB2I

Woo Hoo!!!!!!

[piratla]

Congratulations guys...all you out there March1st, 5th, 7th, 8th,...congratulations once agian.

[nagana]

Congratulations!!! to all who are current. Enjoy your day.

[cbpds1]

YEAHHHH we are both current, Nishant ofcourse too !!!

QBF and many others are current too......

remember some folks with mar 1-7 worrying in the evening, you are current too !!

guess we shd just wait for the formal us bulletin now


http://mumbai.usconsulate.gov/cut_off_dates.html

15 Mar 2008 - EB2I

Woo Hoo!!!!!!

[imdeng]

Awesome. I wish the main thread was not locked down - it is great to see so many deserving people getting current after such a long wait.

[tanu_75]

Awesome. I wish the main thread was not locked down - it is great to see so many deserving people getting current after such a long wait.

Yeah, bad timing by Q.

[Trident]

Q would have deactivated my a/c if I had posted this qtn in the " HOT PAGE " predictions and calculations....Its not critical too...

Got an email saying my wifes (dependent) EAD/AP got approved 4 days back. My status still remains the same....It looks funny as primary is still pending. Anybody heard something weird like this !

Thanks folks for any insights... I am still refreshing the bulletin (Godsake, looks like a addiction !)

[qesehmk]

Trident

I do not think there is anything to worry. It is not uncommon for husband wife to have some time lag between approvals as well as havng time lag between receiving emails and online status not being updated.

p.s. - For the record I have never removed posts with genuine questions related to immigration and in support of immigration.


Q would have deactivated my a/c if I had posted this qtn in the " HOT PAGE " predictions and calculations....Its not critical too...

Got an email saying my wifes (dependent) EAD/AP got approved 4 days back. My status still remains the same....It looks funny as primary is still pending. Anybody heard something weird like this !

Thanks folks for any insights... I am still refreshing the bulletin (Godsake, looks like a addiction !)

[Trident]

Thanks Q for the reply...Really appreciated.

I knew that, you have been greatly reasonable....I was just kidding here :)

[kmankar]

This may not be the right place to post this question......but I want opinion from people who know what they are saying. I have tried to research the internet but with conflicting answers.
I have been following this forum and its predcition for over a year and truely appreciate the time and knowledge that people have

My situation is as follows I am on H-1 with an approved I-140 in EB2 India category (from company A) with priority date 20th November 2007 and not yet filed for I-485.

I changed jobs in 2011 (before my PD became current) and joined Company B (transferred H1 B) who is filing for my LC for Green Card. The job description posted by the employer in the local newspaper is as follows: Requirements: Bachelor's degree in Psychology, Information Science, Engineering, Fine Arts, Human Factors, or related field; 10 years experience in User Experience/Design, including 4 years leading user experience/design team (health care field preferred). Requires experience as user experience professional or human factors engineer; with large scale consumer facing websites; leveraging usability testing and user interface prototypes; and in website design.

I have a Master's degree (related field) from a US university followed by 8 years of progressive experience in the filed of user experience/design

My question is
1. Is this job requirement classified for EB2

2. Do I qualify for EB2 based on this job description


Please advise the lawyer is ready to file the Labor

[qesehmk]

bachelors+5 years qualifies for EB2. The question is 5 Yrs of what experience. Your job description says 10 yrs overall but 4 yrs leading teams. So if you are leading team, your lawyer/company can argue that this qualifies for EB3. I do not think DoL necessarily looks at it that way -- but its a good argument point for your lawyer / company to make a case for EB3 if they want to retain you for long time on H1.

So if your concern is that they are trying to file in EB3, then try to push for EB2. With your US masters it will be a cake walk.


This may not be the right place to post this question......but I want opinion from people who know what they are saying. I have tried to research the internet but with conflicting answers.
I have been following this forum and its predcition for over a year and truely appreciate the time and knowledge that people have

My situation is as follows I am on H-1 with an approved I-140 in EB2 India category (from company A) with priority date 20th November 2007 and not yet filed for I-485.

I changed jobs in 2011 (before my PD became current) and joined Company B (transferred H1 B) who is filing for my LC for Green Card. The job description posted by the employer in the local newspaper is as follows: Requirements: Bachelor's degree in Psychology, Information Science, Engineering, Fine Arts, Human Factors, or related field; 10 years experience in User Experience/Design, including 4 years leading user experience/design team (health care field preferred). Requires experience as user experience professional or human factors engineer; with large scale consumer facing websites; leveraging usability testing and user interface prototypes; and in website design.

I have a Master's degree (related field) from a US university followed by 8 years of progressive experience in the filed of user experience/design

My question is
1. Is this job requirement classified for EB2

2. Do I qualify for EB2 based on this job description


Please advise the lawyer is ready to file the Labor

[kmankar]

bachelors+5 years qualifies for EB2. The question is 5 Yrs of what experience. Your job description says 10 yrs overall but 4 yrs leading teams. So if you are leading team, your lawyer/company can argue that this qualifies for EB3. I do not think DoL necessarily looks at it that way -- but its a good argument point for your lawyer / company to make a case for EB3 if they want to retain you for long time on H1.

So if your concern is that they are trying to file in EB3, then try to push for EB2. With your US masters it will be a cake walk.

How do I push the lawyer for Eb2....They are saying since the position does not require a Masters it is an Eb3

I have 10 years of experinece in the filed of user experience including everything from leading teams, to a strategist, hands on experience . I have climbed up from an usability engineer to lead and then manager and now I am a director with the current company since April 2011.

[qesehmk]

Its very simple. If you are a director, the question is can a person with less than 5 Yrs in field experiece do the job you are doing. If not then it requires 5 yrs experience. And so it qualifies for EB2. You need to take a stance and say either EB2 or I am out of this company. Seriously. EB3-I is doomed. You don't want to go there.


How do I push the lawyer for Eb2....They are saying since the position does not require a Masters it is an Eb3

I have 10 years of experinece in the filed of user experience including everything from leading teams, to a strategist, hands on experience . I have climbed up from an usability engineer to lead and then manager and now I am a director with the current company since April 2011.

[kmankar]

This what the job description says for required experience:
• Established track record leading user experience and design teams (5+ years).
• 7+ years of experience as user experience professional or human factors engineer with demonstrated ability to improve business performance and user satisfaction.
• 5+ years working on large scale consumer-facing websites. Experience building interactive web (2.0) technologies a plus.
• Experience leveraging Usability Testing and User Interface prototyping
• Experience with agile development highly desired.
• Experience in healthcare highly desired, but not required.
4 + years effectively leading a team, and developing the people on the team to become better user experience professionals.

[kmankar]

Its very simple. If you are a director, the question is can a person with less than 5 Yrs in field experiece do the job you are doing. If not then it requires 5 yrs experience. And so it qualifies for EB2. You need to take a stance and say either EB2 or I am out of this company. Seriously. EB3-I is doomed. You don't want to go there.

What about the Masters, their whole argument is based on the fact that the job does not require a Masters and so it is Eb3....and other people in the company in similar positions do not have a Masters but have tons of experience.

[qesehmk]

I think we r saying the same thing. Instead of getting bent out of shape over this - you need to make a decision whether you will live with this and wait in EB3 or take a stand against this. Its your decision.

For EB2 - Its either Masters + 3 Yrs OR Bachelors + 5 Yrs.


What about the Masters, their whole argument is based on the fact that the job does not require a Masters and so it is Eb3....and other people in the company in similar positions do not have a Masters but have tons of experience.

[kmankar]

I think we r saying the same thing. Instead of getting bent out of shape over this - you need to make a decision whether you will live with this and wait in EB3 or take a stand against this. Its your decision.

For EB2 - Its either Masters + 3 Yrs OR Bachelors + 5 Yrs.

Hi Q , Thank you for your input. I was reading some other forums to be prepared to talk to the attorney about the issue. Here is what I found from Ron Gotcher
"The minimum requirement must be a master's degree. Even if the employee does not have a master's degree, the PERM must require a master's degree with an alternate requirement of a bachelor's and five years of experience."

&

"Unless you explicitly state that an advanced degree is necessary to meet the primary educational requirement, the CIS will not regard the position as an EB2"

Is that true? because if is there is no point in arguing with attorney coz the company will not change the job description to include masters as required

[GCKnowHow]

Hi Q , Thank you for your input..........................

Is that true? because if is there is no point in arguing with attorney coz the company will not change the job description to include masters as required

Does you job require experience more than 5 years and a bachelor degree? Would they hire some one without these two. If no then you should be eligible for EB2. If I were you I would try to get EB2 or find a different job than being stuck for ever in EB3.

[qesehmk]

kmankar - i am sorry but you are not listening. There are two ways to qualify.
1. Masters + 2 or 3 years (not exacty sure whether 2 or 3).
2. Bachelors + 5 Yrs.

Does that answer?

Hi Q , Thank you for your input. I was reading some other forums to be prepared to talk to the attorney about the issue. Here is what I found from Ron Gotcher
"The minimum requirement must be a master's degree. Even if the employee does not have a master's degree, the PERM must require a master's degree with an alternate requirement of a bachelor's and five years of experience."

&

"Unless you explicitly state that an advanced degree is necessary to meet the primary educational requirement, the CIS will not regard the position as an EB2"

Is that true? because if is there is no point in arguing with attorney coz the company will not change the job description to include masters as required

[Transformer]

As Q mentioned earlier, Master's doesn't need to be mentioned explicitly to qualify for EB2. Even with Bachelor + 5 you can qualify for EB2. Even it is the case with my PERM. In the PERM the minumum education is mentioned as Bachelor's and exp req'd as 5 yrs(no master's here). I have 4 yr BE with 10 yrs exp. Mine got approved early 2011.

[mesan123]

Hi Kmankar...

only thing is.....make your company HR convince your lawyers...lawyers are tough to handle...even my co-sister she has the same problem...she had 10 years experience, the lawyer was firm that if they file in EB2 they wont get the perm cleared and the HR told they want to stick on with what the lawyer tells, and they filed in EB3 for her.......so try to see what your HR think , if the company is ready to file that way...if they are ok, then they can put new add in a way that matches your skillset ( i meant which makes you qualify you for EB2)

Q,

Most of the companies now...atleats 50% of them are trying to file the cases in Eb3...even though the people qualify for EB2...lawyers and companies dont want to be audited and they dont want that pain...that is the reason they will lame reasons ... they even come up with reasons like EB2 salary should be more than 120K( which is not true always, just one eg)...


kmankar - i am sorry but you are not listening. There are two ways to qualify.
1. Masters + 2 or 3 years (not exacty sure whether 2 or 3).
2. Bachelors + 5 Yrs.

Does that answer?

[kmankar]

As Q mentioned earlier, Master's doesn't need to be mentioned explicitly to qualify for EB2. Even with Bachelor + 5 you can qualify for EB2. Even it is the case with my PERM. In the PERM the minumum education is mentioned as Bachelor's and exp req'd as 5 yrs(no master's here). I have 4 yr BE with 10 yrs exp. Mine got approved early 2011.

Did your I 140 get approved in EB2

[Transformer]

Did your I 140 get approved in EB2

Yes. Approved in 55 days in regular processing (not PP).