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  • hopefulgc
    07-13 09:56 PM
    eligibility comes for having gained the requisite experience in another job.. not the current one.


    One of the qualifying criteria for EB2 is 5 years of experience. Right????

    If your I-485 application is stuck since July 2003 or prior, you are automatically EB2 by that rule. Are you not? You have been working for 5 years atleast.

    The revised rule should be

    EB2 eligibile = Anybody with experience on labor > 5 years (this would not impact current EB2 folks) or whose labor is older than 5 years (this will make EB3 folks happier).

    Peace.





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  • waitnwatch
    06-01 09:16 AM
    jkays

    my comment was all tongue in cheek. My only point is that Lou comes off as more conservative than Shaun Hannity and isn't that something.

    Even then, in his previous avatar, wasn't Lou licking the boots of the corporates! How come he has gone off in a diametrically opposite direction.





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  • Pineapple
    07-07 10:04 PM
    Do you have a good, competent lawyer you trust? That is the most important thing.
    Forums are great if you need ideas or information, but in genuine, critical cases like these, you first need a proper lawyer on your side. If you are relying on these forums alone, you are in bigger trouble than you realize.
    On the positive side, most experienced lawyers have seen worse, so there should be some way out.. my best wishes are with you and your family.





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  • ufo2002
    05-24 01:30 PM
    Well.. I am usually a thread killer in many forums... lets see if this works:

    TTIWOP!



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  • delax
    07-13 12:56 PM
    Split up of 75-25 definitely covers interest of both parties. I don't think an EB2 with PD 2007 will have grudge over an EB3 PD 2002 getting his/her GC before. As a matter of fact, as you said, looking through the eyes of governance, I don't think it is illogical. EB3 has lower preference as compared to EB2 but not zero preference! So, an EB3 2002 getting his GC before EB2 2007 is not insane, again, per my belief. You cannot say 100-0 is justice - come on!

    But the same 100-0 logic can be applied between EB1 and Eb2-India. How does EB1 of 2008 get it immediately but EB2-I waits more than 4 years (speaking for myself here) -clearly preference is at play here. if that makes sense then a 100-0 ratio for EB2/EB3 also makes sense
    Honestly nothing makes sense - I am only trying to derive a rationale for the spill over logic used by DOS/USCIS.





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  • saravanaraj.sathya
    08-08 10:39 AM
    UnitedNations - You are simply amazing..I admire ur courage and feel more confident now. I think this thread has invaludable information so that people will be careful before giving any wrong information to USCIS and geting into to trouble later on.

    Question-
    --------------------
    Whtz if some does not have pay stubs after filing I-485..Is that a problem atall? Does uscis check only for the records until I-485 is filed. Please let me know. Also can I work as an individual contractor on W-2?

    Yes, that is correct.

    I will give you what was asked for in my local office interview:

    w2's tax returns from 1999 through 2006 to prove that I complied with my status upon each entry into USA.

    I-134 affidavit of support

    All passports

    Updated and new G-325a (old one I had completed in 2003)

    Letter from employer giving detailed job description; salary

    last three months paystubs

    Company two years of tax returns

    Company two years of DE-6 (state unemployment compensation report which lists all employees names including mine and other names can be blacked out).

    --------------------------------------------------------------------

    My situation; entered USA on TN back in July 1999

    Last entry before filing I-485 in May 2003 was December 2002 (therefore, he should not have asked for w2's; paystubs prior to december 2002).

    I-140 was filed in May 2003 but approved in April 2004. left sponsoring employer at end of 2004.

    From Jan. 2005 listed one company and then from October 2005 to March 2007 showed that I was self employed.

    Did not have any tax returns prepared or w2 for 2005 and 2006 and no three months of paystubs (self employed).

    I was going to take another job offer with another company upon greencard approval; therefore; I gave that companies two year of tax returns but no DE-6 because I wasn't working with them yet.

    -----------------------------------------------------------------------

    When I gave updated g-325a; it shows me as being self employed. He immediately picked up on this. I told him that it was allowed according to May 2005 memo and that I was in a period of authorized stay by filing the 485 in May 2003 and I had an EAD card and it was unrestricted employment.

    Also, informed him that I was not porting to self employment upon greencard approval but instead going to work for another company. I gave him company job offer letter; told him since I didn't start working with them yet; then paystubs were unnecessary and that de-6 was also unnecessary since I hadn't started to work with them.

    He asked for tax returns and w2's from 2001. As I was giving it to him; I questioned him why he was asking for this; I told him that I only needed to prove status from date of last entry until filing 485. (december 2002 to may 2003). He didn't say anything to this.

    He got to 2005 and 2006 and I told him I didn't have tax returns prepared yet and no w2 since I was self employed. He asked for extension from IRS; told him I didn't file extension because I didn't owe any taxes. He dropped the questioning right there.

    He then said case is approved.

    Now; he way overreached in what he was asking for; if I didn't know these immigration laws then maybe someone would have gotten paystubs made or did fake tax returns, etc., and if USCiS officer suspected something and asked for certified IRS transcripts or called the company then he would have nailed me. Essentially; he was almost trying to get me to fake these things even though they are not required.



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  • nojoke
    04-08 03:33 AM
    No, I aint a realtor but just a savvy investor who is waiting for his GC and wants to make passive income. I dont suggest ppl to buy 3 homes. What I wanted to convey is that in my humble opinion, its one way to make money while you wait for GC. Be judicious and assume risk based on your tolerance levels. I felt that if I could present folks with real life examples of making money, thats a compelling statement,.

    And since Uncle Sam provides tax benefits that include interest deductions and capital gains waivers, its a very viable option.

    My point is, think of your home as an investment that also serves as a place to reside.

    Figuratively, this is like a Thanksgiving Day sale and the door busters are already gone!

    If I buy a house today and loose 100K in value each year for 2 more years, how is it a savy investment? Savy investors buy low and sell high. Unless you are saying housing is not going to fall further, I am totally confused how it is an intelligent investment. Nightmare stories of the savy investors are all over the news.
    If you want to debate that housing is not going to fall further, history is against you. There are housing bubbles in the past and they take years to correct. It doesn't happen in months. Has there been so much disparity between house price and income ever in history of US? Show me the proof why the prices would not fall further. Do you know what happened to the last housing bubble and how long it took to correct itself?
    Don't tell me this time it is different. It is probably different because a fruit picker earning 20K income was able to buy a house for 500K with no down payment at the high of the bubble. It will be different this time because it will be the worst housing bubble ever. Please don't mislead people with false hope. It is their hard earned money





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  • pbojja
    07-15 10:25 AM
    Can some one explain why do we want send the "WISH LIST" letters to DOL now ? Why not when a ROW GC applicant was getting a GC well a head of very well qualified Ind/Chi applicant ?

    Fortunately they fixed the spill over ,Indian/Chinese EB2 applicants can get their GCs sooner now , are we trying to mess this up ? I know you are going to say we are not against EB2 . I m not against ROW applicants but can I get my GC before a ROW applicant by sending a letter to DOL stating that I m more qualified than the other applicant can you send my GC please?



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  • pthoko
    07-10 10:07 PM
    Hi UN,
    First of all my sincere gratitude to you for your patience and the time you put in to give a detailed reply to all cases.

    Here's my situation(I think a case of status violation)


    I did an L1 to H1 transfer in 2005. My L1 was valid till APRIL 2006. So my intention was to work with L1 employer till April 2006 and then switch to H1 employer.

    H1 employer also applied for a change of status, which I was not aware of that time. I asked the H1 company's lawyer whether I could continue with my L1 employer after getting the H1 and she said it's fine.

    So I got the H1B approval in Oct 2005, but still continued with L1 employer till APRIL 2006, then switched to H1.

    Recently I came to know that this could be an issue. When I was filling the G-325A form, I wondered if I specify that I worked with the L1 employer till APRIL 2006, would they catch this?? Even if they catch , how big an issue would this be??

    If I put the dates to reflect the dates to show that I quit my L1 employer in Oct 2005 itself, would this be an issue?? I guess in this case, if by any chance they ask for any further evidence like pay stubs or W2 in that period of time, I would be in trouble.



    From what I have read from the forum, A lawful re-entry should clear the violation in my case right?? I haven't filed the I-485 yet. My I-140 is pending.
    Do they catch this during I-140 stage??

    ALSO CAN THEY DENY H1B DUE TO PREVIUOS VIOLATION OF STATUS, WHILE I RE-ENTER?? This is my biggest fear now!!!

    Can I go to Canada/Mexico for stamping? where would I get an appointment at the earliest??




    Thanks.





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  • mariner5555
    03-26 03:34 PM
    I am still confused about the whole GC issue in buying and selling a home. Why is GC an issue in owing property or even taking overseas vacations? I have done both with absolutely no issues-caribbeans, europe, India. I have owned a home, and then decided to change jobs-move to a different city and sell my house. Heck I sold my house when I was on vacation in India. I did everything by phone and fax, and this is not some few years ago, this is 2 months ago.
    I totally agree with the fact that location and the condition of the house being the key factors. Maybe the fact that I have been here for a few years makes me resident alien for tax purposes helped me? I am not entirely sure.
    Folks mentioned that what if you lose your job, and have to leave the country etc. But like I mentioned a house can be sold from abroad. And if you have a GC and you lose ur job, how will you make mortgage payments etc. So some problems will stay the same.
    Any thoughts/comments on my dilema?
    Perhaps someone can elaborate on why GC is a factor?
    Cheers.
    it depends on a persons risk amount - I guess. where did you sell yr house --was it for a loss ? maybe you are lucky to have sold it in last 2 months or something is not correct here.
    you can sell the house from abroad - but what if it does nt find a buyer for 6 months ..how do you make the mortgage payments.
    for me GC is important - for one - I don't have to worry about status / DHS .
    getting a job on GC is easier than on a EAD (u see some threads here already). on GC you can get a job is another field / part - time..without worrying about DHS / DL ..from abroad, I guess you give everything to a RE agent ..I can come up with tons of issues with it (but I know you will come up with counter explanations - so I won't bother). BTW I hope you are not a realtor right ?? some of desperate realtors do anything to convince people nowadays ..the latest I heard was telling me to buy before Hillary comes to white house ..with a mumbo jumbo explanation



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  • sroyc
    08-06 10:41 AM
    I'm not a lawyer but I think it'll be hard to prove that A qualifies for EB2 given that he/she does not have a Masters or 5 years of experience in a related field.

    Regarding the EB1 spillover - yes, it's a valid question but the fuzziness of the law gives them enough room to interpret it either way.

    Okay lets take your example. A & B are graduates with a Bachelors degree (A is a Mechanical and B is Computer Science). A decides to pursue higher study in Mechanical field and B takes up a Software job. After a year they file for B' EB3 at his work, while A is still at school. A joins a software company (His Masters in Mechanical is worth nothing now). EB2 is filed for A just because he has a Masters, B is also eligible for EB2 by that time. Why can't B get a earlier PD? Atleast B got relevant industry experience. How come A is superior than B?

    Also why should EB2's get the spillover visas from EB1? Do they have a Ph.D? Why can't they allocate spillover visas from EB1 equally between EB2 and EB3?





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  • nojoke
    01-03 03:36 AM
    Screw Dawood Ibrahim. He is the past.

    What is important right now is to get hold of the masterminds of Bombay in a transparent and credible manner. That would be in the long term self-interest of Pakistan (and India, and the world).

    Tomorrow the Bombay attack is old too. You are delusional and good making up reasons.:D:D:D:D:D
    How about an apology for what your country men did as a first step? Then we will consider your advice about what we should do. You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.



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  • texcan
    08-05 04:09 PM
    ROLLING_FLOOD HAS STARTED THE 'FLOOD' AND HE 'ROLLED' OUT....He is probably laughing his as* off....

    Don't worry too much about GC...it would ruin your life if you think a lot about it.

    We all (at least most of us) came to this country with 2 big suitcases and a carry-on bag (with lots of pickels and masalas and clothes and many other stuff) and maybe couple of thousand $$.

    So, if you look back you all have achieved something more then that for sure...if we don't get GC, then lets pack those 2 suitcases and head home...no big deal !!!! keep a positive attitude and everything would be fine.

    just my thoughts :)

    good stuff,
    thanks





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  • nojoke
    01-01 02:26 PM
    earlier even I had views like yours (one of our close friend was killed in 1993 blasts) ,,but think with a cool mind ..war will just lead to loss of more lives, economy everywhere will be devastated and you get more hardcore idiots/fundamentalists ..you don't set a house on fire to kill few rats ..there are changes happening ..pakistan has killed many terrorists on its borders
    lets first see where we Indians are at fault ..which did congress (I) remove POTA, why were they (BJP included) advocating more train/bus tours with pakistan, why grant them visas at all ..why can't India fortify its borders (apparently politicians have tons of money for foreign tours and medical visits ..VP singh, kamal nath , there was one politician from Tamil nadu who spent crores and crores in a hospital in texas) ..why can't they give proper salary, weapons, immunity to police force ..why do they give special status to Indian muslims (instead of trying to integrate them in the main stream), why the HAJ subsidy ..I can go on and on ..lets first focus on changing these things before talking about war

    There are more problems to solve. But we don't need to tolerate another problem from pakistan. Do we need to wait to clean up our mess, while pakistan creates more mess in our country. No country is perfect. That is not a reason to allow another country to threaten and 'bleed by thousand cuts'. Even the most advanced countries(including USA) is not without corruption. But these counties do act when attacked. d



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  • HawaldarNaik
    12-29 12:19 AM
    Well comparing India to Israel is not going to be justified at this time cause Israel has had a offensive stance right from its inception whereas India has always been reactive, and in the long run, i beleive that has paid off.

    However at this point we have to make sure our neighbours take corrective action though to be frank, i am not sure they are capable or have the potency of bringing about the changes cause at the ground level all those dangerous elements (some who have gone and taken refuge from India), enjoy not just support from the intelligence and the army but also from some locals and roam around freely

    So in short it is a rogue country, frankly even the super powers are not in control of the situation there ........as some factions are loyal to the superpowers, some to the dangerous elements and some to regional powers, and each one of them is being used by these powers to carry out attacks to various countries around the world...and implment their respective agendas which are contrary to one another.....

    What is the strategy for India

    In the short term i would say 'Our Sardar' (chieftain...i firmly think this time 'The Sardar' is leading from the front...and not being remote controlled by the lady ) is doing the right thing, he is garnering global support (he first tried the super powers and now is in touch with the regional powers also, and has got PC a highly efficient resource to strengthen internal security), at the same time watching the response from our neighbour, who are talking of war but are trying and i am saying trying to bring about some positive change (how much of that is possible i am pretty pessimestic due to reasons specified above...no single control or point of contact).
    In the long term there has to be a solution to the neighbouring country problem either they revamp and reform (after 60 years of being the bad guys...hit men.... for various powers world over), or look at the possiblity of breaking down the wall cause then we can try and clear up the mess......





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  • sanju
    08-06 06:16 PM
    6hVp9t_13_g



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  • lfwf
    08-05 02:40 PM
    Agree. Like labor subsitution scandal/abuse, you should have a documenterly evidence to go after this scam (creating duplicate EB2 job just to cut-short the line). If it is a USCIS rule, they may ripoff this ( like labor sub.). It is long way to go. The nut shell-- as long us GC is in high demand, people abuse the system. DOL, USCIS, knows this. Thatswhy DOL is auditing most EB2 labor certification. In my view, who ever filed EB2 between 2000 to 2004 (when EB3 was current) are true-EB2. After 2005, most of the EB2 filings are cut-short the EB3 que. Most of the cases not based on actual MINIMUM requirements for the job. Everyone knows this..

    Please stop with this. this is truly offensive. Many of us happen to be truly qualified beyond your clarly limited imagination. Not all of us are in IT, not all of us work in body shops and NOT all of us deal with fraud in our lives. If a few do, then go chase the, and stop tarring us all with the same brush. This is really akin to my saying (and I'm not saying it) that all EB3 folks are just IT diploma holders working for body shops and the whole category is just a fruad. How does the tarring feel now?





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  • gapala
    12-17 04:47 PM
    Nobody in good conscience support terrorism, no Indian, no Pakistani. I have many good friends from Pakistan and I do support Pakistan in its strive towards better and peaceful future. Does that make me a terrorist ?

    Don't bring ISMs into the conversation. You started this post to trash specific community and you are getting there. Stop being a A-hole and get a life.

    It feels good to read your posts but my friend, you are far off from reality. The folks who hijacked that religion and perverted belief that entire planet earth should be under sharia is the problem. I am not saying that all apples are bad.

    Do you know what is happening in UK and other parts of Europe? Go search in google videos There are several investigative reports from main stream media are posted out there to educate people like you.

    Now, you may choose to ignore the threat to humanity but that does not mean its not real.

    I too have good friends from different parts of world but they themself believe that its a dangerous world. Ask your friends that you quoted in your post, they will tell you.





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  • gc28262
    03-24 04:01 PM
    Ofcourse I am unbias.

    I can't even begin to think how many people I know; cases I know from people who are from india.

    I'd say that it is less then 3% from people with other countries.

    As another poster rightly said that many of the issues happening is mainly to India because it takes so long to get the greencard and eventually everyone gets into these issues.

    Non indians don't face many issues because they get the greencard so fast; and hence they go through very little issues (generally). If other countires had to wait so long then everyone would also have similar types of issues.

    Since most of the forums are related to IT and Indians then if I ever broach on something a little negative or give different perspective then people look at my profile and see I was born in Pakistan and think there is some bias there.

    btw; I left when I was five years old and hardly knew any pakistanis/indians when I was growing up and for what it is worth my wife is Hindu.

    Thanks.
    I guess you are right. The long wait times for Indians should be one of the reason.
    The other one I think is, you typically deal with problematic cases. Simple ones will just pass through without much intervention from lawyers/experts like you.

    Also one has to take into account the number of H1B applicants from India. As majority of IT folks come from India there is higher probability that there will be more problematic cases from this larger sample.





    unitednations
    08-14 09:17 PM
    To United Nation

    I never went out of usa in 7 yrs.My first company did not pay me for the first 3 months because I did not get my ssn no for 3 months so I was not employed.After 3 yrs I joined the cliant company,so he got angry and did not pay me for 15 days but I have proof of time sheets.He threatned me like suing etc... but he did not do .Now I applied for AOS but I did not sent the W2 paper for that problem period .I have sent my last three years of W2 papers as per Lawyer's request .Will there be a problem for the un paid days.?


    I don't see much of a problem because it was less then 180 days.

    Although uscis sometimes asks for w2's in rfe's; lawyers shouldn't send them in proactively. If you are making too much in future base employment then it can be a problem. if you aren't making enough then it can cause status issues (the smart lawyers would use the w2's, tax returns, not to send them in but to see if there may be a problem in the future and try to remedy the situation now).

    I know at least 25 people in the last month and a half who had status issues with unpaid time and their h-1b visas had expired. All of them went to Canada; stayed one or two days and re-entered and used auto revalidation to reset the 180 day clock.

    I would tell them at high level what they needed to do but everyone is afraid of leaving the country and coming back in without a visa through canada; espeically when all their friends, relatives say not to do so. Depending on what language a person speaks; i would direct them to specific people who had done it so that they could get the most minute detail on how to do it; punjabi; telugu; hindi; gujarati, etc.





    NKR
    09-30 02:55 PM
    I think a lot of AC21 cases are getting rejected because of the revocation of I140, Companies don't want to keep the people on their list if he/she is not working, because they have to prove the ability to pay for all those people as well. so they are revoking the I140 for people who are not with them anyore to reduce number of people in their list with USCIS.

    How hard is it to figure out that people used AC21 and moved to another company, so the previous employer is out of the picture?. Why should the previous employer�s ability to pay matter?.



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