GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
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sriramkalyan
03-09 03:52 PM
That when he applies for 485 based on eb2 he has to request for eb3 priority
visa_reval
04-05 04:23 PM
I am assuming that your eb3 priority date is not current. In that case, won't you get a 3 year h1b extension when you transfer your h1 ? Reading through the forums here, I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
more...
pappu
07-20 09:25 AM
No, only contiguous H1-B renewals(after 3 years or yearly extensions after 6 years) are exempted from the cap. If you go back to school and apply for a fresh H1, then it is very much counted against the cap. Apart from falling back to H4 or F2(if you are married and your spouse is on H1/F1), i dont see too many options if you cannot get one of the masters quota H1. BTW, if you dont have an OPT and are out of school, then how are you still here ?
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
If the company is multinational, ask them to give you a foriegn posting for a year and then you can come back on a fresh new H1B visa or L1 visa.
sumansk
09-28 04:44 PM
Its not ata ll meaningful....I just hate to see no order of processing taking place...still many guys with older filing dates waiting and guys filing as late as a week back gettign their receipts...system any where sucks man..
GOD REALLY NEED TO BLESS AMERICA....
GOD REALLY NEED TO BLESS AMERICA....
more...
485Mbe4001
03-28 04:34 PM
Can you make the PD field numeric, sorting will be easier.
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inskrish
07-16 05:27 PM
Hi,
Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.
Just FYI. The original poster (GCKabhayega) has a long history of posting such messages with sensitive titles, by giving an impression as if the Visa Bullettin or Processing Times were released. You can confirm this by looking at his/her old posts.
more...
cbpds
01-27 02:04 PM
THe questions to Obama is gaining steam, IV needs to tell everyone to vote so that our questions will be highly ranked
see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)
see this
Obama to take YouTube questions on State of the Union speech - CNN.com (http://www.cnn.com/2011/POLITICS/01/26/obama.youth.outreach/index.html)
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gg_ny
08-31 08:12 PM
Dear friends
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
I'm very excited to say that I got my green card approved. Thank you for all of your support.
babu
We received our confirmatory emails and web status updates in the last two days. My PD is Dec 2004 and 485 RD is Aug 05, NIW EB2 India. My name was stuck at FBI from Nov 05 until maybe mid-Aug 07.
This proves that the 60K visa numbers are not over yet. Next year's ombudsman report will say how many of these would go waste but CIS is still processing AOS applns and hopefully will do until Sept 30. I think they are considering every category is C and going by RD and/or preadjudication status after namecheck, FP clearances.
IV is a core part of my current immigrant status. Having personally met a few core members when the struggle and the group were younger and tumbling while learning to take early steps, it is heartening to see where the organization stands now and going to walk the line on 18th :-). I see this as a perfect example of grassroot level organization and activity, the spirit of which lives in this country but has gone missing or dormant in countries from which IV members have come.
I have friends who are suffering their way thru the GC process. When I think about them, I could only mutter,"thank God, there is IV".
more...
meg_z
08-14 02:54 PM
Any cuban sets foot on US land is allowed to stay legally.
This is wierd.
so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
Wow, this goes to show how powerful the cuban lobby is!!
With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!
This is wierd.
so they can change laws for cubans without getting it passed in house and senate. President can just sign a law on his own??
Wow, this goes to show how powerful the cuban lobby is!!
With all respect to all cubans, this is only directed to the political machinery and its bias than individuals from Cuba--
Cubans are more important to the country than high skilled best and the brightest immigrants who have been waiting in line!!!!
or for that matter cubans are more important than N Koreans, Vietnameese etc from communist countries!!
or cubans are more important than people from other latin american countries who are also trying to immigrate to usa!!
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fl_gc
08-04 12:28 PM
My EB2 I-140 is also pending. RD for I-140 is 03-21-2007. I have sent two SR.
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randomagain
08-26 12:22 PM
sonic = wow
I've always liked this one...
I've always liked this one...
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nogc_noproblem
12-12 09:05 PM
Paid Time Off
PTO: planned time off
PTO: planned time off
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vikrantp
01-22 09:17 AM
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?
Don't you need to be on their payroll before they file PERM? I am exploring a similar option but I thought you need to be on their payroll before the apply for PERM/I140?
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pd_recapturing
11-01 07:42 PM
This news might not be directly related to our cause but its very much relevant. Here also, they can come with similar results saying that out of all the IT jobs in US, x % have been gone to immigrants where x > 50. Opponents of our cause may use this gainst us.
more...
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pappu
06-08 12:17 PM
Lets discuss Post-CIR on one thread only.
http://immigrationvoice.org/forum/showthread.php?t=4917
http://immigrationvoice.org/forum/showthread.php?t=4917
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priderock
08-06 11:55 AM
My i-140 premium processing application was filed on the 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year(in june 2006).
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
My lawyer told me that 140 PP can't be filed with a copy of LC. They say you can only file regular processing if you don't have the original LC.
She said, it requires some additional processing by USCIS in case of copy of LC that requires more time and therefore they can't process it in 15 days.
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immi_enthu
08-28 10:40 AM
That is correct. You do not get to sign the 140 as it is has to be applied by the employer. You however, have to sign your approved Labor which will be attached to the 140 application.
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
kaisersose, is it mandatory for the beneficiary to sign the approved labor before attaching it to the I140 application ?
yagw
08-04 06:33 PM
I've applied for EAD/AP renewal for both myself and my wife. I spent $1,290 for this.
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D
Say I got my GC approved and then I call USCIS and withdraw my pending EAD/AP application. Will I get a refund for pending EAD/AP application, if I get my GC approved before EAD/AP approval?
Thanks,
India EB2; PD - Nov 05
I-140 - Filed Mar '06; Approved Jun '06
I-485 - Reached NSC July 26'07;
Nope. You will be asked to pay double the amount for 485 since they approved it before your EAD :D
ufo2002
08-16 03:54 AM
Cuba isn't the only communist nation.
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
The special favorable treatment to Cubans is stemming from political needs than any lobbying. US wants to oppose the last remaining communist Government in Cuba and attract its citizens to establish a democratic government there. Please do not feel jealous of these special treatments.
To get a favorable treatement for Indians, wish for a communist revolution in India too. Then most of us would get the Greencard under Asylum quota or anti-communist quota. :D
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