vishwak
10-22 08:24 AM
Could you please provide some more information regarding this porting from EB3 to EB2?
Check this Thread...
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html
Check this Thread...
http://immigrationvoice.org/forum/forum88-priority-dates-transfers-and-post-140-approval-options/18721-eb3-to-eb2-porting.html
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bsbawa10
09-10 04:03 PM
Completely Agree with you. Rather have some process than none.
I agree 100% too. Just feel so helpless.
I agree 100% too. Just feel so helpless.
JunRN
10-01 03:16 PM
Pls excse my noob-ness, i have read all the pages of this thread but cudnt find a precise answer.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
I am in the Rn program, and wud be graduating in may08, hopefylly pass nclex and start OPT by june08. i can then start with my visa screen, and I140 as these are not retrogressed, but if retrogression continues and i am not able to file I485, do i still get an EAD. my guess is 'not' but just trying to confirm as i wud have to plan to continue with studies after 1 yr of OPT.
and btw thanks for tons of usefull info!
There is no such thing as retrogression for I-140. Any employer can file I-140for you anytime.
For nurses, we are Labor Certification exempt, meaning we don't have to go through this long process. Our LC process is very short, only 40 days and need not be sent to DOL. What I would suggest is that you start looking for sponsor once you're on OPT so that you can establish early priority date by filing I-140 asap.
PD is the date you file I-140. Once your PD is current as per Department of State Visa Bulletin, then you can apply for Adjustment of Status (i-485). EAD (I-765) can accompany that AOS application.
So, the answer to your question is NO. You cannot apply for EAD if you're applying for I-140 only. To file for EAD, it must be accompanied by I-485.
You get 1-yr EAD though once you do your OPT and hope before it expires, your PD becomes current and you can apply for EAD based on pending I-485.
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rdoib
07-23 10:33 PM
it is like a lottery..ya it is..noone knows whats comes out out of the matrix...:)
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spicy_guy
08-13 10:22 AM
My suggestion for everyone reading this is - do not send this information to your Company or HR department. They could ask us to table this additional cost. I work for Accenture so I hope that this does not apply to my employer with less than 50% employees on visa. But I'm not going to write to them asking about this because they may turn around asking us to eat this new cost.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
How about you? Has anyone contacted their employer already? What are they saying?
Most of the Indian companies (TCS, Wipro, Infy, etc) have more than 50% H1Bs, I believe.
hebron
03-04 02:28 PM
I have an RFE on my 485 (EB3 I SEP 2004 )....
Did you get to know what the RFE is about?
Did you get to know what the RFE is about?
more...
chanduv23
08-13 07:11 AM
Most people here in this forum have no clue what is happening. We can keep on argueing that skilled immigrants add value, innovation etc... but do not understand how politicians think. Senator Schumer talks about products and innovations - he doees it because our opposition has lobbied successfully and convinced the politicians. Products and innvoations do not happen by one person but, they evolve. Most of the big products were not developed by one person, but were developed because of teams, implementations, exchange of ideas etc..... Everyone in the supply chain is very important. If there are restrictions just to satisfy anti immigrants and their beliefs, then it will harm competitiveness.
What is the point in having a bunch of managers when there is no one who is doing actual work?
Moving people from company to company - this is the best thing that can happen. Consultants are more exposed and are better skilled. I would rather prefer to hire someone who has a beautiful resume with different projects rather than selecting someone who as been at a single place for 10 years who has no clue how outside world looks. Thats why consultants are paid big money.
If our community does not realise what is going on with us then we suffer like this. It is high time that we realise what is going on.
Do not trust the Indian American community to help new immigrants. The Indian American community is a FAT community with a lot of money and will care least for new immigrants. In fact they may work against us because they would not like to make it easy for us to compete. Those who are suffering are on their own. The community must realise and come forward.
Do you have it in you? If yes, come forward today, build your community, make it stronger and lobby hard - there is a lot of hard work to be done
What is the point in having a bunch of managers when there is no one who is doing actual work?
Moving people from company to company - this is the best thing that can happen. Consultants are more exposed and are better skilled. I would rather prefer to hire someone who has a beautiful resume with different projects rather than selecting someone who as been at a single place for 10 years who has no clue how outside world looks. Thats why consultants are paid big money.
If our community does not realise what is going on with us then we suffer like this. It is high time that we realise what is going on.
Do not trust the Indian American community to help new immigrants. The Indian American community is a FAT community with a lot of money and will care least for new immigrants. In fact they may work against us because they would not like to make it easy for us to compete. Those who are suffering are on their own. The community must realise and come forward.
Do you have it in you? If yes, come forward today, build your community, make it stronger and lobby hard - there is a lot of hard work to be done
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Raju
07-06 02:00 PM
No This is a height of Cruelity from USCIS. They must have interpreted lot of phone calls and inquiries as "people might not have understood the revision" as they are not from "English Speaking" countries so change it and put "Flip" and "Flop" together as somebody mentioned ahead. But if people might not have understood "Flip" and "Flop" then how can they understand "Flip-Flop"?:)
They posted the revised bulletin in a hurry. They should have done this on July 2nd. The actual july bulletin consists FB dates and other dates.
They posted the revised bulletin in a hurry. They should have done this on July 2nd. The actual july bulletin consists FB dates and other dates.
more...
susie
07-15 11:19 AM
APPENDIX: REFORM SOLUTIONS
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
The Need for a Compassionate Visa
Solutions
Subsection (3) should be reworded to clarify its application to derivative beneficiaries as follows
�(3) RETENTION OF PRIORITY DATE- If the age of an alien is determined under paragraph (1) to be 21 years of age or older,
(A) for the purposes of subsections (a)(4), the alien's petition shall automatically be converted to the appropriate category and the alien shall retain the original priority date issued upon receipt of the original petition, and
(B) for the purposes of subsections (d), the petition on which the alien was a derivative beneficiary shall automatically be converted to a new petition with the appropriate category once their Parent has permanent resident status and the alien shall retain the original priority date issued upon receipt of the alien parent�s original petition. This is without prejudice to a Parent�s right to object to such converted petition. �
This new division into (A) and (B) makes a more appropriate distinction between principal beneficiaries and derivative beneficiaries. (B) also clarifies a Parent who does not want to petition their over 21 unmarried son or daughter, is permitted to oppose the automatic conversion of the application.
In addition, after four and half years since its enactment, the USCIS has still failed to issue implementing rules and a private bill should be introduced requiring the USCIS to perform its statutory duty to provide rules.
If the new points system is implemented, INA, section 203(h), becomes redundant in relation to future applicants. In this case a new provision should be added permitting all derivative beneficiaries to be considered as a child regardless of when they age out and when the petition becomes current. This would be a temporary relief measure for any derivative beneficiary currently subject to the family-based petitions so they do not age out while the remaining petitions are being cleared.
Removal of Child Status Protection Act of 2002 (CSPA), section 8
Section 8 of the CSPA provides provisions preventing the retroactive application of the legislation. As a result many beneficiaries have to wait in excess of 30 years for an immigrant visa. Derivative beneficiaries that were subject to wait times and aged out cannot apply the benefits of the CSPA if their parent�s petition was processed before August 2002. This means they are forced to back of the line; after already having waited up to 20 years, they are forced to wait for another lengthy period up to 20 years in the F2B category.
Therefore, section 8 has to be repealed to enable retroactive applicability. It cannot be right that if these same people had not abided with US immigration laws and entered illegally, they would be able to get status to remain and work in the USA under the proposed Z visa. However, by abiding by the law, they are instead forced to wait outside the USA for over 30 years in total since the start of the original immigrant visa application because they were ejected out of one line due to aging out as a result of the prolonged wait times, only to be forced to the back of a new immigrant visa line.
Dream Act
This is currently incorporated within the STRIVE Act (sections 621 et seq.) and presumably will be brought forward in the upcoming Bill subject to final agreement by the Senators. However, there is ambiguity as to whether children in the USA who enter legally benefit from its provisions. This has to be clarified to ensure it applies not only to children who entered the USA illegally, but also to those who entered legally, such as in derivative status on an E2 visa of their Parent. The ambiguity is made worse because the STRIVE Bill includes the Dream Act in subtitle B of Title VI Legalization of Undocumented Individuals. It is an absurd situation if legal nonimmigrant children are not given at least the same equal treatment as illegal children. The future Bill should incorporate the DREAM Act into a separate Title so does not give the appearance it applies to illegal migrant children only.
E2 Investors and Rep. Heather Wilson�s Proposed E2 Nonimmigrant Investor Adjustment Act of 2007
We strongly reiterate our support for this proposed legislation and urge you to do same. However, we urge you to go further by removing the proposed 3,000 cap or, at the very least, increase the proposed 3,000 annual cap to a more reasonable number such as 20,000 and/or provide annual increases to meet market demand to avoid backlogs and to avoid having to revisit the issue in future. Aside from our own members, E2 investors provide billions of dollars of investment in the US economy and much needed employment. They should be provided with a pathway to permanent residency and citizenship for their dedication and commitment to this country. It is undoubtedly very odd that illegal immigrants are receiving a pathway to permanent residency whereas E2 investors are not. It sends a clear message that entering the USA illegally is preferable because it provides a path to citizenship, whereas entering legally and working hard, investing substantial amounts of capital and employing US citizens for the benefit of the US economy does not (unless you are the extremely rare exception that qualifies under the EB5 investment visa).
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chisinau
11-02 12:28 PM
NURSE, H-1B FEES TORPEDOED FROM BUDGET BILL
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
I have learned that the immigration provisions that would have created 61,000 additional green cards for nurses as well as added a $3500 fee to H-1B visas have not survived the conference committee and will not be a part of the bill sent to the President (which he is set to veto). There is much speculation as to why this happened. Many people were deeply troubled by the H-1B and its impact on non-profit and smaller employers. In order to allow Senator Grassley to save face, the push was made to strip all immigration provisions out, even though the H-1B fee opponents likely supported the nurses. We also understand the California Nurses Association, the most vocal anti-immigration nursing group in the country, worked behind the scenes to try and kill the nursing provision. Nice that they care so much about their patients and would rather push death rates up rather than immediately dealing with the nursing crisis.
http://blogs.ilw.com/gregsiskind/
more...
CaliHoneB
03-05 05:44 PM
I don't have any LUDs on mine even though I opened an SR and requested infopass appointment for my delayed EAD
hot hot [Pic Of The Day] Megan
r2i2009
06-10 02:44 PM
I am EB3...good news is the two-year EAD...a bit relieved.
Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?
Love to relax....or learn it now
Y2K bought in thousands of Desis(including me) and now we are in a USCIS Theater queue. House Full...I will wait for another show.....so what?
Love to relax....or learn it now
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house Daughter Meghan McCain…
franklin
07-21 04:39 PM
Thank you for the clarification cpolisetti and others :)
I find it somewhat suspicious that someone who has joined IV this month and posted only on this issue, without any input from the core team who I know work closely with those on the hill, is trying to rally our community efforts.
I find it somewhat suspicious that someone who has joined IV this month and posted only on this issue, without any input from the core team who I know work closely with those on the hill, is trying to rally our community efforts.
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seahawks
09-12 12:55 AM
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csreddy329
12-11 04:08 PM
After I-140 approval if we are allowed to file 485 that will give us big relief, Willing to contribute big time if IV can make this part of its agenda
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gonecrazyonh4
04-25 06:29 PM
I think you have hit the nail on the head. We are on a roller coaster ride and we need to cool our heels. The two amendments to help ease retrogression are already in two of the senator�s bills. Let's push that on through. We can later on use our imaginations to solve any �bigger" immigration issues.
Easing retrogression helps some, but not may of us who are stuck at back log centeres
Easing retrogression helps some, but not may of us who are stuck at back log centeres
more...
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paskal
07-22 07:12 PM
Tina,
I had started a healthcare thread previously and it got poor response. Eventually we created an iv-physicians chapter to track our issues and work with the core team on the overall goals of ending retrogression.
There are a number of efforts on to help Schedule A applicants, some of these are parts of more comprehensive efforts like Cornyn's recent amendment.
I suggest you organize the Schedule A folks into a group. IV is very happy to work with any group that takes responsibility for their own needs.
See this blogspot we are creating to increase awareness of physician shortages and problems: http://iv-physicians.blogspot.com/
If you do form a group, try to expand it by bringing members in from outside iv as well- this would also expand iv's membership base.
I will be happy to help you with anything you need based on our experience with iv-physicians so far.
All the best!
I had started a healthcare thread previously and it got poor response. Eventually we created an iv-physicians chapter to track our issues and work with the core team on the overall goals of ending retrogression.
There are a number of efforts on to help Schedule A applicants, some of these are parts of more comprehensive efforts like Cornyn's recent amendment.
I suggest you organize the Schedule A folks into a group. IV is very happy to work with any group that takes responsibility for their own needs.
See this blogspot we are creating to increase awareness of physician shortages and problems: http://iv-physicians.blogspot.com/
If you do form a group, try to expand it by bringing members in from outside iv as well- this would also expand iv's membership base.
I will be happy to help you with anything you need based on our experience with iv-physicians so far.
All the best!
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10-24 12:12 PM
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needhelp!
05-28 05:44 PM
Thanks for your contribution. Please join us also in calling the important list of representatives: http://immigrationvoice.org/forum/showthread.php?t=19339
Contributed $100 and ready to volunteer...
Receipt ID: 1265-7063-2043-8518
Contributed $100 and ready to volunteer...
Receipt ID: 1265-7063-2043-8518
AllVNeedGcPc
06-27 02:47 PM
Instead of telling them what they will lose, lets tell them what they gained from us and what they would not have if it were not for the immigrants.
amitpan007
08-26 11:57 AM
I have a loan with LIC. The rates are pretty good and no-prepayment penalty if paid using NRI funds only. Took some time to set all this up. Definitely need a local person to carry out all the paperwork and good support from the builder. Their email system is not very efficient. Tried with HDFC before this in Hyd and had lots of problems getting the loan even after contacting the CEO.
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