rajuseattle
07-14 05:31 PM
ajthakur,
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
You should have wait for at least 6 months before switching jobs.
You can talk to the attorney who can give you some advice on AC-21.
Per Ac-21 provisions you r very safe if you switch jobs after 180 days, even without letting USCIS know about it. Yours is a different situation as you switched job just 1 month after filing I-485, and it could be difficult for any attorney to make AC-21 arguments in your favour.
Your best bet if USCIS let you do the AC-21 switching and use the employment letter from the new EMployer who is sponsoring your H1B visa, if u dont respond to this RFE they may very well deny your I-485, remember the I-485 is dependent for at least 180 days on the underlying I-140 petition filed by the GC sponsoring employer, after 180 days you are free to take new job position in the similar field with same salary mentioned in your approved LC or salary greater than the one on aprroved LC.
Please cosult with a competent immigration attorney and try to make argument using the AC-21...thats your last hope to save your PD.
USCIS will know about your job switching as they have all the information when you transfer your H1B visa and received 3 yr extention. Be truthful here and state that you intent to be employed with the original sponsor, but due to circumstances you were forced to switch the job and your new employer is willing to sponsor your employment and you are in legal status while I-485 is pending since July 2007.
Hope this helps...I am not an attorney, but thought my few cents might help you.
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eilsoe
02-27 11:34 AM
actually my benches are just a series of boxes rotated into place and grouped =)
qesehmk
02-12 12:27 PM
Folks,
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
lets put the "you said .. I said" aside and just evaluate the definition of "assigned" and "used" visa numbers.
- correct me if I am wrong but I think Ron implies - "some numbers are assigned but then not used. These numbers still show up as used in the data report (since they were assigned)".
We have established that there is no document to support this but can we find out if this assumption can be true?
One can only infer based some facts and some assumptions.
Fact - Fallen new 485 demand (28% or more)
Fact - Law requires quarterly spillover.
Fact (?) - DoS allocated 30% of visas in Q1 (is it a fact?)
Fact - Dates did not move significantly
So all of these things fit together well only if one of the following is true
a) USCIS is utlizing the allocated visas.
b) EB3 to EB2 conversion is substantial enough to not warrant any movement in dates.
Regarding Ron's claim of 13K wasted in 2009. That is where I said I have a hard time accepting that. Because in 2009 EB did not receive any spillover from FB (to my best knowledge) and in 2009 EB did consumer 140K visas.
2011 MUSIC REVIEW: Deaf School
hoolahoous
03-16 01:16 AM
so if you have a 4-year degree you consider yourself "highly-skilled"??
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.
hahahahahaha.............ahahahahahaha............ ..wait for me while i roll on the floor laughing.
console yourself by crying yourself hoarse that you are "highly-skilled"......... a programmer/analyst/blah blah is no better than a call center employee in india.........just that you guys happen to be present here.....
go get some real skills, do a REAL job, then we will talk.
and oh by the way, there is only ONE school that i know of in India, that gives out a Bachelor's degree worth anything. I am sure you know what it is. I am also sure you did not manage to get through to study in that school.
Good luck being highly-skilled. I would be amused if you are stuck in EB3 still, though......
i am really not sure how to reply to your post.. somehow you think you are a superior being and you are the only one 'eligible' for Green Card..
just fyi I am EB2 , and probably make much more than you can even imagine, if it somehow amuses to you (though I fail to see why)
you seem to be intentionally trying to cause stir.. i don't want to get into mud throwing contest by stooping to your level. your comments and depth (or lack thereof) of thoughts show the kind of person you are. I will let words speak.
more...
vamsi_poondla
09-26 12:36 PM
Excellent coordination...
Raghunadh Polavarapu
08-10 02:36 PM
EB-3 keyboard tigers are back to discuss how to get GC'ssssss:rolleyes::rolleyes::rolleyes:
more...
desi3933
02-01 08:07 AM
Thanks a lot Desi3933. I don't have words to thank you...
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
.....
I am glad to be of help. If my post was helpful, I urge you to consider making a donation to IV.
Thanks.
____________________
Not a legal advice.
US Citizen of Indian Origin
2010 Songs for the Deaf / 2002
makemygc
07-05 11:29 AM
http://digg.com/politics/Reversal_Fr...ard_Applicants
thank you
URL Incorrect. Plz repost
thank you
URL Incorrect. Plz repost
more...
amitga
02-08 03:26 PM
What a waste of numbers.
hair Age - Songs For The Deaf
pkak
07-13 06:00 PM
All the data shows that we have 20K EB2 I/C with PD before 6/1/2006, and it is comparable with the unused 20K quota from EB1 and EB2-ROW. As stated by Openhemer, the 2 year jump is due to the spillover of 20K to EB2 instead of EB3-ROW and there will NOT be any significant retrogression in Oct. However, a petition is being organized in this forum to stopping this spillover. Only if the petition succeed, we will see EB2 date goes back to 2004.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
EB2-India folks should also initiate a petition campaign (on lines of the EB3-India folks) to make sure that these 25K visas do get adjudicated before fiscal year �08 ends.
USCIS may well end up wasting a bulk of these visas, contending that since they are statutorily required to adjudicate all EAD applications within 90 days, and there is a surge in EAD renewals because of (a) July-07 visa bulletin fiasco; and (b) people applying for renewal this month, hoping to get 2 year EAD. Therefore, because of surge in EAD applications, they do not have resources to use up all of this year�s visa numbers.
If this happens even EB3 India will be potential losers also.
more...
imh1b
11-12 04:26 PM
If EB2 I becomes current , who benefits its EB3 I as the spillover will go EB3 India as India is the most retrogressed country. Our effort does not impact ROW EB2 as they are current any way. EB2 China will also benefit as spill over will help them. So supporting quarterly spillover is in EB3 India's. Make EB2 C and all over flow goes to EB3 I. Finally by opposing this it will not help EB3 I any way unless it makes you happy to see everybody suffer as long as you are suffering.
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
WRONG.
YOU are an EB2 India guy for sure and your PD is close.
If spillover happens, all visas will get used up by EB2 India only. EB3 India gets nothing. There are way too many Indians in the system. Even if something is left from EB2 India, EB3 ROW will get breadcrums.
EB3 India gets nothing. So stop giving wrong logic. I will oppose IV helping EB2 guys with close priority dates and not caring about everyone else.
hot Songs for the Deaf: The Coin w
jonty_11
12-12 04:13 PM
USCIS is not a legislative body, they cannot pass a law. The Congress does. In order to change any existing laws Congress has to pass it and USCIS just implements it. So I do not think meeting USCIS will help. BTW what is DOS ?
more...
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snathan
04-13 11:58 AM
I urge everyone to read the donor forum...we need more people to work on couple of issues and fixes. Please become a donor and take part in this...if you are serious to fix these issues.
tattoo Age Songs For The Deaf
dhesha
08-11 04:28 PM
2010, all those who filed 485 by 2006 will be cleared up and will be given GC, 2010 end there will be another wave of 485 filers who will continue as cash cows for next 5 years for EAD and AP, 2007 july filers will be cleared up by 2012 - This was my prediction before the Sept bulletin......
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
So any idea if from 1st Oct 2009, the dates will from forward from 8 Jan 2005 or may go back or we dont really have any idea?
filers till 2006 wait for an year, your GC will be in your wallet by 2010.
Filers till July 2007 wait till 2012 your GC's should be in your wallet.....
So any idea if from 1st Oct 2009, the dates will from forward from 8 Jan 2005 or may go back or we dont really have any idea?
more...
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shreekhand
07-09 06:47 PM
Remember this is internal DoS regulation and not a US Code or Law. They can change at any time and way they want to.
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
The whole law-suit is essentially about hardship caused to applicants in multiple dimensions with a sprinkling of violation of law (info on which is still quiet hazy )to give some back-bone to the argument in the law-suit!
dresses Songs For The Deaf
potatoeater
05-26 04:36 PM
I-94 is a complete proof of your immigration status in the US.
carrying your gc is understandable, its just a card like your license.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
carrying your gc is understandable, its just a card like your license.
But expecting folks to carry their immigration papers all the time, even when they haven't travelled abroad is a bit too much. As long as i have my license or state id with me, it should suffice.
This is just a classic case of harassing immigrants.
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miami75
07-02 10:27 PM
Here is my contribution Google Order #920441777988850
girlfriend Age - Songs For The Deaf
gimme_GC2006
05-12 03:13 PM
You might want to research your options some more. Maybe, have a talk with someone who is a more senior colleague or mentor, preferably one who has an MBA.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
It appears from your comment on investment banking that you haven't done your research. IBs usually recruit only from the top-10 type schools.
Good Luck!
thepaew, right, I understand IB needs from top-10..it was more of "I wish I had" stuff..I am not serious on that.
Coming to why "online" ? Because I cant go fulltime on college (I have to quit my job...means no salary for 2 years...not possible..I am not that filthy rich :D)
moreover there is increased trend in acceptance of online MBA as major universities are coming online now.
hairstyles Songs for the Deaf
mp70
01-18 10:12 AM
I have been visiting this forum for a while now. I appreciate all the efforts being done by the Core team. I just signed for $20/- recurring contribution through paypal.
MP70
MP70
NKR
03-10 10:09 AM
I have been lurking on this forum to understand the plight of EB immigrants and the posts the last few weeks have confirmed my belief that the problem exist because a lot of people came to the US from 1999-2006 and want to stay here permanently. The EB immigration system was fine before then; thus, the problem is supply/demand, not the immigration policies.
You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases… Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.
You are partly right, but the problem does not end there. Lot of it has to do with the disorderly way the applications were/are being picked up. All the old applications were pushed to BECs and newer perm applications were picked up for processing. The dates were abruptly moved forward which allowed USCIS to approve newer 485 applications before the dates were pushed back. I am a victim of both these cases… Also, there has been a lot of wastage of visa numbers. If none of these happened I am sure the EB3 dates would have move forward without getting stagnated in 2001.
alex99
11-02 04:44 PM
Bumping..
