immig4me
09-07 08:40 AM
I assume that since you are currently in EB3, your current job description is different from the job description for which your company (if they agree) will initiate the EB2 PERM process for. Also, the EB2 PERM process will be for "future employment" for the different job position than the one you currently hold (I am assuming this, in the absence of any other data), so they might not need to let you go, if they get any responses.
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
If they get any responses to the EB2 advertisement, they will have to consider those applicants and provide them the same opportunity and diligence that they would to anyone applying for that position. If they do not find any of the applicants suitable for the position, they must have very strong and valid reasons why they cannot hire any of the respondents. Only in case they are unable to hire anyone of the respondents, can they even continue with the labor certification filing.
Also, many employers are fairly certain that they will get many responses to job advertisements and hence they do not want to go through the process for hiring a lawyer etc. etc. etc. and initiating the labor certification process for GC, when they can directly hire someone from the market.
Porting from EB3-EB2 seems to be riddled with obstacles.... not as easy as some suggest.... thank you for your response. A lot to think
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kondur_007
07-01 03:22 PM
It is a difficult scenario. Chances are that it would be very difficult for your mom to ever prectice in US (not to discourage, but tell you the fact).
first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
Then Do the three/four year residency and pass USMLE step 3, get the license.
Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).
Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).
Good Luck.
first one has to pass USMLE step 1, Step 2 (CK and CS) and get ECFMG certification (info at ECFMG� | Educational Commission for Foreign Medical Graduates (http://www.ecfmg.org))
Then apply for residency and get into the residency (which is extremely competitive, requires high USMLE scores and reference letters and if you are old grade, many programs do not consider you).
Then Do the three/four year residency and pass USMLE step 3, get the license.
Absolutely no way to practice medicine unless she goes through above path (experience and training in india does not matter; only thing that will matter is her MBBS (if from regonized college there) which will allow her to sit for USMLE).
Many doctors in your mom's situation come here and do some paramedical job (phelbotomist, physical therapist etc).
Good Luck.
rajenk
10-27 05:47 PM
Only till May 2013. But then you can still renew for 3 more years provided your PD is not current in 2013. You can use the approved I-140 from your current company for renewal. Make sure to get a copy of I-140 approval, not the courtesy copy.
You have to start a new GC process soon after you join a new company. That way you can port your PD to the new case and be eligible for filing I-485.
You have to start a new GC process soon after you join a new company. That way you can port your PD to the new case and be eligible for filing I-485.
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mhtanim
10-28 03:29 PM
You should apply for a SSN. If you find a job, the employer will ask you to fill-up a W4 Form. To set you up in company payroll, SSN would be a requirement.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
Also, as some other people have mentioned, even if you don't plan to work, you should still get a SSN to establish your credit history.
Applying for a SSN and getting it and has NO impact on your immigration status.
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gcdreamer05
08-27 01:58 PM
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
WeldonSprings
05-18 06:28 PM
This is great news. I think the lawsuit was made to coincide with the conference between USCIS and DOS with members of Congress. This is a total game changer.
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
Thanks to the mighty and courageous Chineese gentlemen who finally stood up!!!
Hindi-Chini Bhai Bhai!!!
Bender's Immigration Bulletin (http://bibdaily.com/)
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quizzer
07-05 09:52 PM
Anything is possible with USCIS!!!
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xiaomatu
06-06 11:15 AM
My attorney and my employer has different address. My attorney received the approval notice on 5/14/ when it was approved on 5/8. Then since 5/22, USCIS's online status showed some "New document" have been sent to the "address they have on file" on 5/22. It could be they sent another approval notice to my employer or could be they sent something else. So far neither my attorney nor my employer received anything from USCIS yet since 5/22.
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ss2005
06-11 01:20 PM
[QUOTE=alseethis;254669]How is the market? I want to share my history and see if the situation is the same in other places.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
I work in a small financial company in NJ since 2003 in IT. They are sponsoring my gc now. It's a growing company.
At that time it was my boss, me (programmer) and an american girl (crystal reports). She left and we replace with an indian guy green card holder. Later he left and we hire 2 crystal reports developers, an indian and a russian both green card holders. Later we decided to hire another developer. Join us a hong kong born citizen. I think he is naturalized now. Anyway. Later we hired another programmer, come an indian gc holder. She left and we hired another indian programmer (i think she's in h1)
Today we are trying to hire another programmer and so far, 1 month, no one show up.
I don't know if this situation is happening in other places, but from our experience since 2003.
- there are not many americans interested in IT ?!?
- the unemployment is not affecting IT so much ?!? No one is showing up to fulfill our position now and in the previous years.
- due to visa backlogs and restrictions, it's impratical to sponsor h1 or gc.
My opinion, this a good example that immigration not so bad for US. With good immigration we would had filed our position and not took an american job.
One of my friend is trying to recruit SAP guy in FL but he is not able to get GC guy due to pay. His company is not able to pay more than 110K.
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inskrish
11-18 05:37 PM
I-485
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
TSC --- June 27, 2007
NSC --- July 05, 2007
:mad:
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CaliHoneB
02-24 07:25 PM
I have been reading all the posts and been contributing modestly and been suffering for a long time because of retrogression. In my humble opinion what ever we do if it needs to succeed we definitely need to *distinguish* ourselves from illegal aliens and other professions and prove that us staying here is in best interest of the US. Not to discourage anybody but CIR is a big task and I don't think politicians are really ready to solve this problem because of its magnitude and huge implications it is going to have for deciding to go one way or another. Probably retrogression would have been solvable with relative difficulty if it is not for the timing of CIR.
and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
and somebody mentioned that allowing to file for 485 with out need for waiting for visa numbers may actually increase the retrogression because of some of the privisions for illegal aliens..I am not totally sure on this but if it is true it just makes all the more important that we need to establish seperate category for high skilled workers.
I think SKIL bill would be one way to go and another would be to actually lower the limit of investment category visa..I know the second one seems like a long shot because currently it requires $500K in rural areas and generally one million but hear me out
If we could lower that limit to $100 k and make it investment in any US based companies in addition to having certain years of work experience in the US. We can argue that we are actually contributing to economy in more than one way and us being here helps generate more jobs in the US and it definitely makes different from others.
I know preapproved labors were being sold at >$25k at one point and if people knew that there wouldn't be any problems with that then a lot of us would have shed that money for a guaranteed GC so if 100k over a period of time would guarantee a GC and that 100k is still going to be with us after certain amount of time then may be it is not that bad idea....
I am glad some one else also agrees with my thoughts..Let us continue this discussion on old thread..
http://immigrationvoice.org/forum/showthread.php?t=600
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tinuverma
10-23 04:36 PM
Hello OP,
Here is what I did. I have mentioned some tips for you to save money:
Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
They will drop you at the border. Walk to the other side.
YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
Cab costs anywhere between 7 and 10 to go to USA consulate.
There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
No need to get any mexican currency. They gladly take USD.
To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
Don't drink water there...drink beer.
If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com
Good luck.
D
Here is what I did. I have mentioned some tips for you to save money:
Fly to Tulsa. There is tonnes of BUS service from Tulsa to Nogales(AZ). It is damn cheap..I think $10.00
They will drop you at the border. Walk to the other side.
YOU DONT NEED VISA TO GO TO MEXICO IF YOU PLAN TO STAY IN NOGALES ONLY.
I did get a visa but was told it is not needed. No one cares...you can simply walk over..no one will check either.
Cab costs anywhere between 7 and 10 to go to USA consulate.
There is a local bus like blue line in delhi that can take you there too. It is not worth it though. Chances are high that you will get your visa the same day. If not, you can rent hotel for anywhere between 30 and 50.
Take cab come back to border. Walk over...do the same immigration process like you would do at any airport.
Someone up there is right..be prepared to face atleast 150 to 200 Mexican H2 or H3 ...workers. This will be the longest part of your journey.
No need to get any mexican currency. They gladly take USD.
To use your cell phone, come to the border..its a regular within 50 states call from there....as soon as you go like 1 mile inside, you loose signals. Then it becomes international call.
Don't drink water there...drink beer.
If you have any other questions or if I missed anything else that you wanna know..feel free to ask: tinuverma@gmail.com
Good luck.
D
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mdmd10
08-27 05:03 PM
thanks for you understanding....i don't want her processing to be closed. if we're divorces can her processing still be on?
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
I believe the answer to that would be a 'No'.
If your spouse is claiming AOS benefits as a derivative by virtue of being your spouse then that would be the legal claim for those benefits.
However, the divorce would suppress that legal claim and as such there would be no way for the spouse to apply for those benefits as a derivative.
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solaris27
03-06 08:14 AM
Congratulations
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ajkastar
07-27 01:35 PM
Receipt date was Aug 2004, RFE - required both parents names in birth certificate or affidavit will do, employer information was missing.
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Hermione
09-20 01:42 PM
And what is the message again? You are leagal and highly skilled? Good for you! Now I am going to go and attend to more urgent matters.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
The message should be a call for action and it should be shorter.
Raise EB quotas! Exempt derivatives from quotas!
That would qualify as a message in my mind. It's positive, it's actionable, and it is clear.
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MCQ
05-05 01:24 PM
You need to wait until you have submitted your I-485, and to be on the safe side, got an EAD. The can write these things for pleasure all you want, but the minute you try to sell them - then it's 'Work' and you can only work in the US for the people that sponsored your H1-B.
Sorry
McQ
Sorry
McQ
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tinku01
07-22 05:53 PM
Hi Bluez good luck buddy. I think you are safe even dates become unavailable in coming month. My interview has been scheduled for Aug 26 at Delhi Consulate. Hey please update us with all the details and one more thing can you give me the format of PCC as I think you are also going to get it from local police station.
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sagittarian
12-17 03:36 PM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
snathan
05-20 12:28 PM
Was your question
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
We are beneficiaries of my husband on a EB3 petition. due to retrogression issue, I want to sue someone. Whom should I start with?
Guys
Lets complete her questions with various possible choices and help her. Happy Friday. :D
May be the husband....
EndlessWait
12-14 11:17 AM
if so then its tough
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