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  • dixie
    08-23 11:37 PM
    Recognize that there are many among us who have Phds from top 5 schools and are currently employed as professors and researchers. Many of them are in EB-2 and going through this same BS as you and me. If you feel so frustrated and betrayed, imagine what these professors and researchers must be going through. Life is never fair .. that is nature's way.

    Some people will inevitably get a GC on a platter .. whether that is by way of winning a diversity lottery, or family immigration or a fake marriage. No point wasting time in self-pity.


    People who did BSc and BA...have gotten thier Gc approved recently...by getting pre-approved..LC's applying in e2-rir even though they do not qualify in EB2.people who did MS from top schools and stayed with good companies are in e2/ e3 categories are in BEC.....What an irony..

    Is there any use in comming here as a student?? anymore..




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  • arunmohan
    05-07 02:39 PM
    Yes I have same questions as coolduggar asked. I know lots of people are using AC21 right now and I am on same boat too.




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  • ujjvalkoul
    01-17 06:08 PM
    2 months is another long wait....I guess it cud be more ....

    Was your at Nebraska Service center too?




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  • ItIsNotFunny
    12-02 01:34 PM
    Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?

    Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.

    Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?

    You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.



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  • WillIBLucky
    05-30 01:39 PM
    Ideally all H1B people who are interested in immigrating will apply for GC around the 2nd or 3rd year of H1B.

    If you are in EB2/EB3 you will and apply for Labor and/or I140 during the 3rd year, by the time you reach the 6th year you will be surely be able to apply for extension as by then you will be eligible even if your I140 is not approved as it will cross 365 days in pending state by then. If its approved then all the more you are safe.

    The problem comes only for those who delay their GC process till the end of the H1B visas 5th or 6th year and those who are stuck in BEC.

    Otherwise having this rule actually wont affect many people in future. So I would not worry about this rule.




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  • mbartosik
    05-30 01:17 PM
    Following this logic only BEC cases are affected.
    I use the word "only" caughtiously because there are still a lot in BECs and if it is you it is not a statistic.

    If BECs complete processing by year end then all I140s could be issued within a few months of that.

    After BEC cases have been processed then what's the problem since PERM is workable?

    The only problems I see are:
    BEC cases -- it is unacceptable to leave them out in the cold after such a long wait.
    Abusive employers cancelling I140 before a new I140 is obtained after moving jobs.

    The extension beyond 6th year was only ever intended to allow for the labor certification backlog.

    Unfortunately the law makers acted too late and many had to leave some years ago before 7th year extensions were allowed. I hope they don't make up for that by acting too soon now (before BECs complete processing).

    If the BECs complete their job, why would there be a need for 7th year extensions?



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  • greencard_fever
    09-08 08:51 PM
    Cograts!! rb_248..

    Did you notice any LUD's on your case in September?..i got an RFE for my Spouse in August and responded on September 2nd after that there is Soft LUD almost every day but no status change..on my case no LUD's or what so ever last LUD was on 08/19 the day when i did my FP that's it..Guys i am frustated and feeling some how that i will miss this bus... called USCIS IO told me that both the cases are with officer not sure how reliable inof that is..Opened SR on September 3rd..guys please suggest me what else i can do:confused::confused::mad::mad::mad:



    Got the cards in the mail. My online case status says the application is still pending.

    Folks (those whose PDs are current this month),

    Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.

    This is what my attorney had to say:

    The USCIS online status system is maintained by contract workers and is often inaccurate.




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  • sieger007
    05-17 11:20 PM
    Hey
    Thanks for responding to my question.Many thanks
    Here is the Sequence of events :
    Joined company 1
    <>Labor filed in Nov 2005 under EB2 and approved
    <>-I-140 Approved somewhere Aug 06
    <> I then left Company 1 and joined a multi national IT Giant in India - Infosy. Joined Info - Jan 07 in India . BUT I was in good terms with Company 1
    <>Came back to USA , as Infosys Employee around Sep 07 on B1 visa from India for 3 months . Went back to India.
    <>Rejoined Company 1 ( my Original Company ) in Jan 08 ( Petition approved) . Got visa stamp around June 08 and entered US. Got Project Aug 08 and since then on project till date.
    <> While on project Aug 08 I apply for I485 as my category EB2 became current. Got my FP done.
    Then Around Nov 08 I got EAD and AP papers. So I have an EAD and AP

    My Q's are
    <> I heard that EB2 is retrogressing to 2000 for India . Now does not apply to folks whose LC and I140 Is approved or only for those who are stuck up at I140 Stage.
    Please clarify on this. If I am in a stage where I am expecting my GC and already for EAD does it apply to me
    <> What is a VISA Number. There is an A# Number on MY EAD and that same number shows up on AP Document ( I512-L Authorization for parole ) . Is this the same as an Immigrant Visa # or that is something that issues when I am granted my GC.
    <> 6 months have passed since I got my EAD. If I join a new Employer and start using this EAD , can I renew it infinitely, till I get GC . What if My Visa is Not valid and I travel out of US to India solely on EAD? What happens then ? is there a chance that at port of entry my entry is denied based on my immigrant future intentions? I know on paper EAD gives you right to travel BUT is this a genuine risk of not being allowed at PO Entry
    <> On the other hand - lets say I KEEP my EAD and not use it at all till my H1 expires . Then ,CAN I STILL BY ON H1 AND KEEP RENEWING MY EAD OR SINCE I NEVER USED IT IN PAST , IT IS MIGHT REJECT FOR RENEWAL.

    I just dont know know with all this EB2 retrogression what is the best plan of action.
    MANY Thanks Again
    Sam



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  • sury
    11-15 05:49 PM
    -------------------
    Current Status: Document mailed to applicant.

    we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
    ------------------

    We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...




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  • good idea
    09-13 07:59 PM
    Common guys we need to make some thing better for EB3 folks.
    I can feel optimism in your message but the reality is only (better) change (from candidate prospective) in rules can make things better...



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  • dngoyal
    07-27 02:32 PM
    Yeah, he did, but no form is signed by me. Moreover I have not given any authorization form.
    Is it OK.

    Please confirm.
    Thanks for the earlier reply.




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  • pointlesswait
    04-10 04:10 PM
    who cares what Lou dobbs says???
    he has been yelping for ages... its all abt rating and ranting;-):cool:



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  • gcnj
    03-17 02:45 PM
    If you do h1 transfer then the advantage is incase your 485 application gets denied for any reason you will still be in legal status ,where as in case you use EAD and any 485 denial you will be out of status immediately.




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  • desidas
    01-22 08:01 PM
    What do yo mean by siwtching employer using AC-21 and again H1B status? Do you mean that you have a H1B with the new company? In that case isnt that just a H1B transfer? noa Ac021 switch?

    I am also in similar situation.

    I have pending I-485 and used AC21 to switch to the new company but I am still in H1B status. However, my wife is using EAD and she need to travel using AP.

    Can anyone suggest whether there will be any issue in travelling outside USA, if I (Primary applicant) is still in H1B status but used AC-21 and wife is using EAD (has to use AP)?

    Thanks in advance.

    BK



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  • hopefulgc
    07-13 11:49 AM
    in suits .. we might look like a funeral protest rally.
    dress formals.. but leave out the suit.




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  • insight08
    02-01 02:22 PM
    Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated


    Column 14
    Education

    Grade School : 8 years
    High School : 4 years
    College : 4 years

    College Degree(Required) : Bachelor's Degree
    Major Fied of Study : Computer Science*

    Column 15

    Travel and/or relocation required

    *compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.

    --I have experienced this myself. You should be fine. Note in Column 15 is going to protect your case. There are 90% chances of not getting any RFE. Even if you do, any english speaking-reading-writing lawyer should get you out of this by writing a simple letter to the Immigration officer at NSC that they should look at column 15 again. "Any suitable combination of education, training or experience is acceptable".

    Relax and enjoy!!!



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  • willgetgc2005
    02-14 05:19 PM
    Berkeleybee


    On a similar note, please see what the President had to say yesterday. These are softer issues, but will help us.

    Pls see the link.



    http://in.rediff.com/money/2006/feb/14nri.htm



    NRI picks top US tech award for Motorola

    Aziz Haniffa in Washington, DC | February 14, 2006


    Padmasree Warrior, executive vice president and chief technology officer, Motorola, and the driving force behind the company's recent growth and innovative successes, accepted the 2004 National Medal of Technology Award from President George W Bush on behalf of her company at a ceremony in the East Room of the White House on February 13.

    Warrior is also responsible for the success of Motorola Labs, the global software group and emerging early-stage businesses of the company. Her operational responsibilities include leading a global team of 4,600 technologists, prioritising technology programmes, creating value from intellectual property, guiding creative research from innovation through early-stage commercialisation, and influencing standards and roadmaps.

    She also serves as a technology advisor to the office of the chairman and to the board's technology and design steering committee.

    The prestigious National Medal of Technology annual award recognised Motorola for its outstanding contributions to America's technological innovation and competitiveness.

    Established in 1980 by an Act of US Congress, this is the highest honour awarded by the President to America's leading innovators.

    Ed Zander, Motorola chairman and chief executive officer, said, "All of us at Motorola are honoured to receive the National Medal of Technology from the President."

    "This award belongs not only to the talented employees of today but to the several generations of Motorolans who built our heritage of innovation. Given this heritage, we strongly support the President's plan to keep America the world's most competitive and innovative nation," he added.

    Warrior has been with Motorla since 1994 and is an alumnus of the Indian Institute of Technology, Delhi (from where she received her bachelor of science degree in chemical engineering). She then obtained her master of science degree in chemical engineering from Cornell University.

    "We applaud the Administration for proposing increased investments in R&D, in particular for the National Institute of Standards & Technology (NIST) at Commerce and the National Science Foundation," said Warrior.

    "From convergence to mobile Internet to nanotechnology, we must educate, excite and inspire our nation's children about science, technology, engineering and mathematics," she said.

    In an interview with rediff.com, immediately after accepting the award, Warrior said, "It's a great honour, I feel really humbled, and I feel very happy for all of our engineers worldwide, because the award is really theirs."

    She said being in the company of several other leading scientists and technologists who were also awarded the National Medical of Science and the National Medal of Technology Award, "who made these great breakthroughs in the fields of science and technology was very inspiring to me to be amongst of the company of these people."

    Warrior said while giving her the medal at the awards ceremony and also preceding the ceremony "he (President Bush) talked quite a lot to me and asked me if I was from India and I said, 'Yes, I came to the US on a student visa to go to graduate school and then stayed here.' And he said 'we need more people like you. We need more talented people from around the world to come and contribute and help our economy grow and build our innovative strengths to be competitive.'"

    She said Bush had also told her that he was looking forward to his visit to India. "He said, 'I am going to India in a couple of weeks and I'll be meeting once again with my good friend, Prime Minister Manmohan Singh.'"Bush in his remarks before presenting the National Medals of Science and Technology, declared, "It is a honour to be in the company of so many bright and distinguished Americans. Each of our honorees has been blessed with talent, and each has used their talent to the fullest."

    "The work we honour today has improved the lives of people everywhere. It has helped to move our economy forward and it has helped to make sure that America is the leader of innovation in our world. The medals are our nation's way of expressing gratitude to gifted and visionary citizens."

    Bush said that these annual awards "are the highest award a President can bestow for astounding achievement in science and technology. They recognise work that has helped expand the horizons of human knowledge. The National Medal of Science honors those whose research has enhanced our understanding of life and the world around us. And the National Medal of Technology recognises innovators whose work keeps America on the cutting edge with discoveries that change the way we live."




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  • saro28
    10-30 09:08 PM
    Hello ncgc, Please post your experience once you get the card back. My spouse (filed seperate) has the the same issue. She received the EAD card with wrong photo and today she received the AP with the wrong photo as well. We are going to send it back to the lawyer, so he can follow up with INS. Is your AP photo looks ok?




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  • fuzzy logic
    07-01 12:46 PM
    I am in the same situation currently.

    My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.

    They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).

    Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?

    I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.




    vinabath
    05-15 01:03 PM
    What a coincidence.....

    1. EB3 I-140 ceritified - Feb2003. - Salary 60K (Soft Developer)
    2. EB2 - Labor approved -Oct 2005 Waiting for PD to port - Salary 80k ( IS manager)

    I do not know what to do, I am thinking couple of situations.


    I. File 485 with EB3.

    Advantages:
    Low Salary Requirements,
    Generic Job Duties,
    Easy to use AC21,
    Already approved I-140

    Disadvantages:
    Possible retrogression,
    So more wait before realizing the dream of actual freedom.

    II. File 485 with EB2 labor (concurrent filing)

    Advantages:
    Less chance of retrogression.
    Quicker path to GC.

    Disadvantages:
    I-140 denial chances
    Difficult to use AC21 - difficult to find managerial job with 80K salary in Midwest.


    Someone please tell us that we can replace/upgrade the underlying I-140 tagged to 485 application.




    laborpains
    03-17 10:03 PM
    First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(

    Hope things work out well for you.



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