Mentol Blog's

Thank you very much for your quick reponse. Can I invoke AC21 now when an RFE is pending? Also, since I had already joined company C when I applied for 485, can I still invoke AC21. Do I reply to the RFE first and then invoke AC 21 or as part of RFE can I invoke AC21? Thanks again.

i had applied for 3 extension in May, in June when all dates were current i was given 1 year extension . After July 2nd ,as they became unavailable again my emailed my attorney and she spoke with USCIS and without having to reapply i was given extension till 2010.

i think you are eligible for 3 year extension.

Yep, how about a rally in front of Nebraska Service Center ;)

Yeah, may be a cycle rally...:p

Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)

Some proposals are realistic and can be implemented. An increase in EB-visa numbers may not be that realistic at the moment, but most of the others like recapturing visa numbers lost every year (upwards of 200K), considering the primary beneficiary towards the quota, etc., as well as some interim benefits.... are all part of the proposals afaik.

Bottomline, if you understand all the issues and the efforts being made, please participate and make this a successful effort.

As they say, even God doesn't help those who don't help themselves... :)

jazz

I believe in IV and its efforts.

I understand rally will help IV to demonstrate the people support.

I understand, in rally and after rally IV requests/lobbys law-makers to fix the broken immigration system system.


But can someone clarify me, what exactly IV is requesting law-makers?

1) Are we asking to re-capture visa numbers? (150K may not be sufficient for 750K applicants)

2) Remove country limit (still have to 5 years)

3) Increase the EB quota?

4) Clear all current pending Backlog labor/I-140/I-485/etc applications by 2009? This is temporary solution, but will solve the problem for now.

5) Another Immigration Reform bill for legal?

Having clear answers will help to gain support from my friends, colleagues and more and more people will be willing to join.

Thanks

My documents will reach attorney on Monday and he promised to file before July4.

will it help to also write to our respective senators regarding this?

gave you a green...hopefully you will have a card after that soon too...:D

They will have to apply at the consulate wherever they came from and undergo an interview to get the visa put in their passport. Then they can enter with that visa in place. If their entry is on record which it could well be a flag may be raised as to the reason for their recent entry on the visa waiver program.

Are interviews instant or do you typically have to wait for a date? A petition approval is not an approval to work, correct? Sorry, I am just learning the process. Is there a link on here that shows how it should be done?

BTW, this person was here on an L1 for another company up until December 07 in US, went home for vacation for a month, sent in paperwork for L1A under new company since current visa lapsed, came back early to US on VW(green form) and then waited here for his new L1 petition to approve - while working. He thinks that this is ok. :eek:


Thanks again!

Hi,
I am one of many people here waiting for the date to be able to apply for I-485 because of visa retrogression. I have 3 more H-1 years so I am considering changing a job in category EB2 so the process can be faster (my PD is Jan 2004 with approved I-140). My question is whether this position below can be considered in EB2 or not. To my knowledge on Eb2, it must be more than 5 years experience with BS or MS. I have a MS, but my work experience in US is total 4 years 4 months (intern 10 months in US during MS + 11 months with OPT after MS + 2yrs6months with H-1B).

This is just a part of the job description:

- BS Degree plus 3-5 Yrs experience or MS Degree plus 2 Yrs experience.

Thanks.

As far as I know, EB2 is advanced degree OR 5+ yrs experience. I have less than 1 yr experience, but my firm is plans on filing my application in EB-2.

i did it myself too..pretty straightforward..they hv all info on their website..

Thanks everybody for the responses.

Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.

Didn't you already get your GC few months back? Anyways, I will try to answer your questions with the understanding that you want to genuinely find out answers to these questions.

1- Approximate PERM processing times (from filing time) for EB2
The time it takes to file your paper work depends on the lawyer and company.

The time it takes for approval varies too between Atlanta and Chicago. Last I heard, it was around 6 months.

2- Approximate I-485 and I-140 processing times from filing date for EB2
For I-140 see this link - https://egov.uscis.gov/cris/jsps/ptimes.jsp
For I-485 see current visa bulletin - http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

3- Approximate length of the entire process (from filing PERM to getting I-485 approved) for EB2

There is no set time from stat to finish. It depends on many variables, employer, lawyer, country of origin, nut jobs at CIS etc.

If you are lucky, and not from China, India, Mexico & Philippines, in EB2 it could take around 3- 4 years.

If you are unlucky, or if you are from China, India, Mexico & Philippines, in EB2 it could take anywhere between 5-10 years.

So the answer is, it depends.

4- Are I-140 and I-485 still being filed concurrently?

Yes, if your priority dates for filing I-485 are current as per the current visa bulletin, which is very unlikely. Although, I-140 premium process has not yet re-started.

Hope this helps!

Thanks! And no, I have not gotten my green card, not even close!!

However, let's assume that PERM does take 6 to 12 months (from filing date) and then, the I-140/I-485 stage take another year...that would be 2 years, right? Why do you say 5 to 10?

Thank you RoseBall for your response. Definitely will do. One thing I want to emphasise. I'm sure rejection happened in Feb/October 2007 due to some other reason. Because USCIS did not ask for my either past employment history or paystubs.Do you have any idea of any grace period like 30 days after H1B expiration date to file for extension?

Hi,

A while ago on one of the conference calls, if i remember correctly, it was mentioned that there wud be a team of ppl who would be aggressively calling up people and ask them to join.

First off am i correct? If i am correct, I was wondering if the same team could look at the contributions from the various members and call the "dormant" members up and ask them why they are apprehensive to contribute.

Hey guys,

My MTR was approved almost 3 months ago and my attorney received the MTR approval notice.

The decision was that both mine and my wife's I-485's are reopened.

But its been almost 3 months and online status on USCIS website has not changed yet......

Does anyone noticed the same situtation with their MTR approval and no online status change?

- Prince

I'm from Dallas, TX.

1) The award you submitted was academic in nature. USCIS maintains that student awards such as fellowships, scholarships do not meet this criteria. Do you have anythingelse that is nationally recognized? Show me the evidence.

2) You submitted your work at research meetings. That is what researchers are supposed to do. How is your work is above and beyond what is out there in those meetings? "Consequently, it does not follow that all scientists who are asked to present their findings enjoy sustained acclaim in their field". Show me how your presentation history exceeds others.

3) Show the clear evidence that you have performed a leading and critical role in your organization.

4) You published several papers. But scientists are supposed to publish and dessiminate their work. Please resubmit updated citation listing. Please submit objective listing that your publication history exceeds the rest of the field.

Gurus... do I have a chance with these questions. I don't have any other national or international award such as Presidential Medal or Nobel Prize.

My presentation at international conferences are posters. Nothing great such as plenary talk.

I can submit more evidence of publications and citations.
Letter about my role and responsibilities as leader in my institution.

Thats it. Do I have a chance?

Anything can happen, but looks unlikely. How many publications do you have, and how many citations each paper has received? How many recommendation letters and from whom did you submit?

BTW: if the "award" is a standard university scholarship, that would not fly.

Yes, you must get another letter from company A, HR or some big official with all dates.
Plus get any proof you can get that proves you were employed. (affidevits, paystubs, tax W2s ...). Everything will count.

And select a good lawyer. Read IV spotlight topic on it.

Ability to pay and RFEs used to be my favorite subject few years ago :)

Your mom had GC in 80s? Why are you in EB queue? You should have gotten your GC by now. Just kidding:D

Story of my life :D

Hindsight is 20-20, she regrets sometimes because its so difficult now (back then in the 70's they had given her a GC when she landed at the airport with all sponsorship documents), but I tell her whats done is done... they did what they thought was best at that point in time :) so no regrets!

I think you have the right forms. I can't think of anything else to add.

As pointed out this forum is dedicated to employment-based immigration. You may want to check the forum at immigrationportal.com where there is a section dedicated to family-based immigration. Good luck.