CaliHoneB
09-21 10:50 AM
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
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life99f
05-21 07:34 PM
Support!!!!
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
We should have only one focus. Eliminate EB retro first. For that a simple amendment will be, 242K visa is open to both old EB and newly created merit system. That�s all. This amendment will eliminate the retro immediately. All other discussions and efforts are waste of time and energy
ramaonline
01-02 01:40 PM
Note that USCIS has introduced bispecialization because of which all I140 employment based petitions must be sent to NSC for processing.
With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .
With the premium processing option you should get a case decision within 15 days. If the petition cannot be processed under the Premium option, u will get a refund of the extra $1000 .
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clockwork
07-18 05:03 PM
Enjoy! :) Only 5 files max allowed. Please follow up the next post.
more...
arnab221
04-27 11:00 AM
Yeah ,
Look like closed door discussions are in full swing .The below articles say so .
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.
http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php
Look like closed door discussions are in full swing .The below articles say so .
http://www.pe.com/localnews/politics/stories/PE_News_Local_D_caucus26.3c8ac4d.html.
http://www.ocregister.com/ocregister/news/nationworld/washingtonbureau/article_1670542.php
aachoo
03-24 09:56 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
more...
z029556
08-14 03:06 PM
Hi Sydeajmal,
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
How long did it take for your EAD to get approved once you have submitted your RFE
Regards
Vijay
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SunnySurya
11-02 05:09 PM
Yeah! let us all right to John McCain!
All,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
All,
Please CONGRATULATE to the new President on Tuesday by all channels and DEFINITELY ASK the question " Now that you are the president, do you want to further punish us for being legal and sticking to the rules and hence make us wait forever in these long painful EB2/EB3-I long queues, . Mention about 5882, small admin fix.
or
does he want to give us some immediate relief. Dont forget to mention we can buy houses, not new job applicants, legal etc and HIgh-skilled.
Thanks,
more...
imneedy
05-02 09:25 AM
I was on I-485 status on my EB3 application working on EAD. My I140 for Eb2 application got approved today while also requesting porting of priority date.
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
I believe USCIS would have automatically switched the 485 application to use the new EB2 I-140 instead of old EB3-I140
Now my question I am ready to renew my EAD. I wanted if there will be any problem with my EAD application since it is now transfered to an Eb2 position.
My pririty date is still not current....
beautifulMind - does your new I-140 have old priority date from EB3?
I think you should not have any issues filing for EAD, all you need are your pending I-485's receipt notice. good luck!
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detroit2009
07-11 03:48 PM
THANK YOU VERY VERY MUCH FOR PRECISE REPLY BUEHLER but am I not within my legal right to work for any hospital branch because they are all with one name.
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
My final question would be YES I was told that I will have a new ID and new payroll number and a separate paycheck but what can be done to rectify this situation. Like do they have to amend the H1B petition(mine is a non-cap hospital--- a charity hospital).
My H1B stipulates that I am a full-timer with 40 hrs per week but starting from next week it is going to be 32 sometimes and 40 hrs some weeks as we are not seeing many patients into our hospital due to the economy,jobs etc.
What is the solution. Do I have to move to a different job or can there be a solution to work for the same company (in different branches)
more...
swartzphotography
November 22nd, 2005, 02:33 AM
ok i pick number 3 with number 4 as a close second i like the way the smoke seems to be floating behind him in number 4 but it also seems (imo) that the act of exhaling is also over in that picture alternatively it seems that he is in the act of exhaling in number 3 which i find to have more kinetic energy.