General Immigration Discussion

Quote:

---

Originally Posted by qesehmk

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.

---

Q - Is it 6 months after filing 485 or after an approved EAD ? I thought it was after an approved EAD

I wouldn't count on immigration reform. What might help is the low demand from EB2C and perhaps EB2-SouthKorea getting retrogressed.

Quote:

---

Originally Posted by Jonty Rhodes

My friend, I am in the same boat as you. My PD is 05/20/2011 (EB2I) and have an approved LC and I-140. Your estimate seems to be correct in my opinion. We probably need to wait till 2016 if nothing happens. But if any immigration reform happens before that (which is possible), all our woes will end and we will get greened before 2016. On the other side, if the economy improves and EB2I and EB2C gets less SOFAD, we will be greened even later than 2016. I am not an expert obviously and perhaps Q, Teddy, Spec or Nishant can throw more light on this.

---

Interesting speculation about a 70 Year! wait for Employment Based immigrants if things goes as of now.


http://www.nfap.com/pdf/WAITING_NFAP...tober_2011.pdf

Quote:

---

Originally Posted by Jonty Rhodes

My friend, I am in the same boat as you. My PD is 05/20/2011 (EB2I) and have an approved LC and I-140. Your estimate seems to be correct in my opinion. We probably need to wait till 2016 if nothing happens. But if any immigration reform happens before that (which is possible), all our woes will end and we will get greened before 2016. On the other side, if the economy improves and EB2I and EB2C gets less SOFAD, we will be greened even later than 2016. I am not an expert obviously and perhaps Q, Teddy, Spec or Nishant can throw more light on this.

---

I doubt there will be any immigration reform until the economy improves. And if the economy improves without any reform then that would decrease SOFAD. So I am not sure whether to cheer for improvement in economy or not :)

The number of applications (at least based on PERM) for EB2IC were still greater than the quota in 2008 & 2009, therefore, instead of people waiting 4 to 5 years (as anyone who filed in late 2007, early 2008) we have to wait at least 5 to 6 years (as anyone who filed in 2011)

Is there a source for I-140 approvals? I know there are statistics in http://www.immigrationwatch.com/usci...tatistics.html but am not sure of the source.

I have also seen this (http://www.uscis.gov/USCIS/Resources...-2011-june.pdf) report from USCIS on I-140 approvals between Jan 2008 and Jun 2011 but I do not believe it is correct.

Quote:

---

Originally Posted by imdeng

I wouldn't count on immigration reform. What might help is the low demand from EB2C and perhaps EB2-SouthKorea getting retrogressed.

---

How would EB2 - South Korea retrogression help?

My take is your MD would qualify under STEM as its science -> health science.
And in my opinion you are more in line than a person who has a masters and is working as computer programmer.

Quote:

---

Originally Posted by Jonty Rhodes

Just out of curiosity, this question came to my mind today and this is not related to immigration itself.

I came here on F1 and did my Masters in Public Health (MPH) from a US University. Meanwhile, while doing masters, I gave my US Medical Licensing Exams, obtained a residency in Internal Medicine and converted my visa in to H1B. I finished my MD in Internal Medicine from a US Hospital.

My question is if in case, the Congress passes a legislation to give green cards to international students with STEM (Science, Technology, Engineering, Math) degree, would my MPH or MD qualify under any of the four categories?

Any input would be appreciated.

---

Quote:

---

Originally Posted by srimurthy

My take is your MD would qualify under STEM as its science -> health science.
And in my opinion you are more in line than a person who has a masters and is working as computer programmer.

---

Quote:

---

Originally Posted by 10102007

There is only one way to be sure. See if the CIP code on your I-20 is listed in the STEM list on the ICE.gov website.

---

Thanks a lot for the input. This information is definitely helpful.

Quote:

---

Originally Posted by Spectator

I agree it has been a very bitter-sweet day.

Something that always cheers me up and quite poignant I think.

http://www.youtube.com/watch?v=-ECUtkv2qV8

Don't forget to whistle!

A sing-a-long version with better video quality (if you don't know the words).

http://www.youtube.com/watch?v=JrdEM...eature=related

Dedicated to Steve Jobs and those others who died too young today (as well as to cheer up those that missed out on being Current).

---

Spec, you are a Monty Python fan ? Me too ! Did you ever get the chance to see " Spamalot". It was hilarious :D
Thanks for the link, it brought back some great memories.

Pedro,

Thanks for sharing your story. It does offer a perspective. I was thinking along the same terms - to take up the offer assuming and making sure that porting is possible. I was late in negotiating with my co to start gc process and missed the 2007 window (I did not know the significance then) hence the dilemma.

-

Quote:

---

Originally Posted by needid

Here is how i am going about it
10/5/2011
--- Immediately after reaching home, called attorney, they sent a word doc to fill in with details of me and my family
--- Called Clinic for medical test, set up reminder to call next monday morning
--- Started collecting scanned copies of Passports, I-94s,BirthCertificates( Need to arrange for Affidavits)
10/6/2011
-- called clinic for immigration medical test, the nurse talked about the list of vaccines they would look for, I asked her if you do any test if i don't have any records of my previous vaccines, She suggested to get it done with family physician as it would be cheaper.She gave list of what vaccines we need to look if they are already present(Rubella,Tetanus,RPR,PPD) in our blood. Since my daughter started school this year she does not need any except TB test.
--Called family physician, luckily found a morning appointment, they took boold sample to check for Rubella and RPR, but said TB skin test and tetanus shot would be on monday, she said 48Hrs theory i did not get it.
-- They did not accept my wife for test, as she never been there, my wife also found appointment today afternoon for vaccines test
-- After we get the results of the above tests, we'll go to USCIS Doc to get the medical reports in sealed cover. They said it would cost $500 per head and doc would charge $200 for preparation of report. No choice! got to do it.But we have already some vaccines the $500 would go less.
-- more scanned docs

Will update progress.

---

needid, i understand your enthu...but understand there are lot of our brethren who would get irritated by this as many are waiting from long time... post here if you have a question or a joke not your daily dairy... just my 2 cents... rest is for you to understand/upperstand...

Vizcard

AC-21 kicks in after I-485 has been pending for 180 days. (Calendar days not business days which is even more good news

Not 180 days after receiving the EAD. So one can technically move after 180 days to different employer.

However in the past one and half years USCIS has given a lot of trouble to applicants by asking them to prove the equivalence of occupation codes when the AC-21 is invoked and there are multiple blog posts and forum posts on other places like Murthy.com that it might not be advisable.Also you would need to have the same job title and similar responsibilites ( responsibilites will be different for different jobs but similar is the key word ...guess they are more particular on the job title and occupancy code ) .

Also people are being asked to stay 6 months with the employer who sponsored the green card to avoid problems at naturalization.

Quote:

---

Originally Posted by vizcard

Q - Is it 6 months after filing 485 or after an approved EAD ? I thought it was after an approved EAD

---

Quote:

---

Originally Posted by Monica12

Spec, you are a Monty Python fan ? Me too ! Did you ever get the chance to see " Spamalot". It was hilarious :D
Thanks for the link, it brought back some great memories.

---

You could say that, although I never got a chance to see Spamalot.

Earlier, I was enjoying a Gannet On A Stick! in the sunshine whilst Pining for the Fjords.

Now I will need a good kip after this prolonged squawk, before returning to my job at the Ministry Of Funny Walks. I need to make sure I avoid Doug & Dinsdale Piranha's sharp tongues on the way there. Their Irony, Hyperbole and Pathos are legendary.

Two points, ah, two flats, and a packet of gravel please.

I'd had a lovely supper, and all I said to my wife was 'That piece of halibut was good enough for Jehovah.'

Such blasphemy!

Well that's quite enough of that.

Quote:

---

Originally Posted by RRRRRR

Hi Veni,

Thank you, great stuff, this is an excellent supporting Document but i guess it is still better to make sure applications reaches while i am in US or i submit it once i come back. Just out of Curiosity in which scenario they could have asked for receipt at the POE since I have a valid visa and a valid I94 and will be using AVR to re-enter.

Thanks once again

---

To be on the safe side, you need to be physically present in the US on the date of receipt of your application at USCIS. It trip is only for few days, i would get all documents ready and mail them out upon return.

Quote:

---

Originally Posted by soggadu

this is only for applying under family quota...we are doing it in employment quota which doesnt need this... no affadivit of support needed...it is a generalised checklist which has this...my checklist has it too...

---

Thanks for the clarification Soggadu! Good luck with your application too. I am sure very soon we will look like hulk (green).

Quote:

---

Originally Posted by needid

Buddy, It is not to irritate somebody. I never saw a single post capturing all that we do to file I-485. I thought it would help somebody in future. I am sure it is better than some of the jokes that people wouldn't care. But I leave it to big boss Q to kick it out.

---

sure...provide a checklist...we already have this in other section...magar, but, paranthu... you are giving the whole log and information including your wife, kid and etc etc...so anyway...i will leave it here...nobody will force you to do anything in this forum...its up to you to decide...have fun...

P.S. As reader bhai said, it might be useful to him...please keep posting :-)...

Quote:

---

Originally Posted by needid

Buddy, It is not to irritate somebody. I never saw a single post capturing all that we do to file I-485. I thought it would help somebody in future. I am sure it is better than some of the jokes that people wouldn't care. But I leave it to big boss Q to kick it out.

---

Yes. I thought the details you have provided are going to be very useful to me and many others. I request you to keep going and it is certainly better than some of the time-pass stuff.

Quote:

---

Originally Posted by needid

I hope you know the difference between plan and execution. Checklist is just plan. How one executed helps somebody to avoid some hiccups. I am nervous too. If i put it here experienced guys can point me if i am doing something wrong/or there is better way of doing it or prioritizing some of the items. Q has every right to kick this out if it he feels it is right.

---

arre bhaiya ji ... nobody is going to throw anything out... my main concern was for people who were waiting with frustration and see this log of things and feel bad... everybody is human at the end of the day... so my suggestion was to get into a new thread for this... if you are sure this is it...then go ahead until someone...you know...ding dong...sing a song...

Mods...please delete/move my postings on this issue to make way....

guys take it easy. If you don't like - don't read - dont respond. Usually the only time we will remove posts is when people engage in personal attacks. So please take care. Also please use your own judgement while posting. We don't want to police you on whats right vs wrong (again unless its really offensive).

p.s. - Not to take sides with soggadu .... but he generally means well. So just take what's useful in what he is saying and leave the rest.

Quote:

---

Originally Posted by needid

I hope you know the difference between plan and execution. Checklist is just plan. How one executed helps somebody to avoid some hiccups. I am nervous too. If i put it here experienced guys can point me if i am doing something wrong/or there is better way of doing it or prioritizing some of the items. Q has every right to kick this out if it he feels it is right.

---

Thanks for the info. Will update you final number.

Quote:

---

Originally Posted by gcseeker

Vizcard

However in the past one and half years USCIS has given a lot of trouble to applicants by asking them to prove the equivalence of occupation codes when the AC-21 is invoked and there are multiple blog posts and forum posts on other places like Murthy.com that it might not be advisable.Also you would need to have the same job title and similar responsibilites ( responsibilites will be different for different jobs but similar is the key word ...guess they are more particular on the job title and occupancy code ) .

---

It is not necessary to have same job title when you invoke AC21, however you need to have similar job responsibilities. I know multiple people who have got their GC approval using AC21 without issues (as long as they satisfied the requirements of having a similar job as describe in their Labor & I140). The following FAQ pages (which albeit a bit dated but still holds true) might help in getting more info about AC21:
http://www.murthy.com/news/UDac21qa.html
http://www.murthy.com/news/n_nuacp1.html
http://www.murthy.com/news/n_nuacp2.html

a. if you have H1, you can transfer to them anytime right now and work with them.
b. if you have EAD, and it's been 180 days since you applied for 485 alongwith EAD request, or it's already a renewed EAD meaning you are well past that 180 days anyways, you can join them on a same or similar occupation.
c. You can join them the day you get physical GC in hand, for the GC position and the salary (same or higher) as promised in PERM.

Quote:

---

Originally Posted by UkayDkay

I still can't believe it, Congratulations to everyone who got current. Thank you all for the great work with the numbers and providing invaluable insight into this complex subject.

Couple of questions going on in my mind and requesting Guru's thoughts on it. I am not with the company thats sponsoring my GC & Nov. bulletin gave an opportunity to file I-485 with them. I understand its for future job, but at what point I am elegible to join them? Is it after filing I-485, or after receiving the EAD or after receiving the GC?

Thnx

---

Quote:

---

Originally Posted by qesehmk

6 months after 485 filing you can switch andretain the same application.

Anytime before that means you have to restart GC process. That's your decision factor.

---

Q,
When you say that, it gives an impression that you can't file 485 with the same company once you leave them before filing 485, or before 6 months of completion of filing 485. I am sure that's not the case.
It gives me lots of scary thoughts man..:eek:

there is no STEM list for GC as of yet, since there is no such requirement. There is STEM list for the enhanced OPT etc.

http://www.ice.gov/sevis/stemlist.htm

Quote:

---

Originally Posted by Jonty Rhodes

Just out of curiosity, this question came to my mind today and this is not related to immigration itself.

I came here on F1 and did my Masters in Public Health (MPH) from a US University. Meanwhile, while doing masters, I gave my US Medical Licensing Exams, obtained a residency in Internal Medicine and converted my visa in to H1B. I finished my MD in Internal Medicine from a US Hospital.

My question is if in case, the Congress passes a legislation to give green cards to international students with STEM (Science, Technology, Engineering, Math) degree, would my MPH or MD qualify under any of the four categories?

Any input would be appreciated.

---

In a rare case the old employer can continue processing your GC since GC is meant for future employment. However if the old employer choooses to not pursue GC anymore for you; then you can no longer use the same GC application anymore. So the new employer has to restart GC process.

That is the whole reason why AC21 is so useful. 6 months after your 485 is filed, you can change employers/jobs. As long as the new job is same or similar, you can use the old GC application with new employer.

Quote:

---

Originally Posted by SmileBaba

Q,
When you say that, it gives an impression that you can't file 485 with the same company once you leave them before filing 485, or before 6 months of completion of filing 485. I am sure that's not the case.
It gives me lots of scary thoughts man..:eek:

---

I actually liked the information put by needid about how he/she went about once got current. I found it useful to know for me. Just my personal thought on it.

Quote:

---

Originally Posted by qesehmk

guys take it easy. If you don't like - don't read - dont respond. Usually the only time we will remove posts is when people engage in personal attacks. So please take care. Also please use your own judgement while posting. We don't want to police you on whats right vs wrong (again unless its really offensive).

p.s. - Not to take sides with soggadu .... but he generally means well. So just take what's useful in what he is saying and leave the rest.

---