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thomachan72

05-12 09:53 AM

Dear All,

Could you please advise, if we can port eb3 to eb2.

My husband is working for the same employer for last 6 years. He has masters degree from US and he filed for his GC in 2004. In 2004, he had only 1 year experience. The lawyer said he does not qualify for Eb2 despite his US degree.

Now after 6 years, he had a job change within his company. He became a principal engineer from just an engineer. Could we port to EB2?

If yes, what should we be careful about and how should we go about it?

Sincerely,
Augustus

In principle the main criteria would be whether the job requires a person with a masters or higher degree. If the company can prove that the job description and requirements match that for a person with masters then he would qualify. Again this is based on my awareness from reading various posts on the IV and similar websites. The attorney would be the best to decide. I know many of our friends in the IV have masters but the main problem they are facing is that the job description does not specify a masters. So the employer hesitates to reaply in EB2 catagory. If your husband fits in then I believe all he has to do is to file another 140 and port the PD of the EB3 application.
How frustating this can be, right? :(

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gcpool

08-29 09:12 PM

On the application for renewal for EAD (online) there is question

Current Immigration Status:

IF a person is working on EAD so what should be selected.
There is nothing that is close to saying (Pending I-485 or AOS)

The options are

A1"A1: AMBASSADOR, DIPLOMAT
A2"A2: OTHER DIPLOMATIC OFFICIALS
A3"A3: ATTENDANTS OF A-1, A-2
AS"AS: ASYLUM
ASD"ASD: ASYLUM STATUS DENIED
AW"AW: RAW APPLIED FOR AT A PORT
B1"B1: TEMPORARY VISITOR FOR BUSINESS
B2"B2: TEMPORARY VISITOR FOR PLEASURE
BE"BE: BERING STRAIT ENTRIES
C1"C1: ALIEN IN TRANSIT THROUGH U.S.
C2"C2: ALIEN IN TRANSIT TO UN HQ
C3"C3: FRN GOV OFF IN TRANSIT THRU US
C4"C4: TRANSIT WITHOUT A VISA
CC"CC: CUBAN MASS MIGRATION PROJECT
CH"CH: PAROLEE (HUMANITARIAN/HQ AUTH)
CP"CP: PAROLEE (PUBLIC INT/HQ AUTH)
D1"D1: ALIEN CREW DEPART SAME VESSEL
D2"D2: ALIEN CREW DEPART OTHER VESSEL
DA"DA: ADVANCE PAROLE (DISTRICT AUTH)
DE"DE: PAROLEE (DEFERRED INSPECTION)
DT"DT: PAROLEE (DISTRICT/POE AUTH)
E-1 Dependent"E-1 Dependent: SPOUSE/CHILD of E-1
E-2 Dependent"E-2 Dependent: Spouse/Child of E-2
E1"E1: TREATY TRADER/SPOUSE/CHILDREN
E2"E2: TREATY INVESTOR/SPOUSE/CHILD
EAO"EAO: EMPLOYMENT ADVISORY OPTION
EWI"EWI: ENTRY WITHOUT INSPECTION
F1"F1: STUDENT - ACADEMIC
F2"F2: SPOUSE/CHILD OF F-1
FUG"FUG: FAMILY UNITY GRANTED
G1"G1: PRINCIPAL REP. FOREIGN GOVT
G2"G2: OTHER REP FOREIGN GOVT
G3"G3: REP NON-RECOGNIZED FOREIGN GOV
G4"G4: OFFICER/EMPLOYEE INTL. ORG.
G5"G5: ATTENDANTS OF G1, G2, G3, G4
GB"GB: VISITOR WITHOUT A VISA 15 DAYS
GT"GT: VISITOR WITHOUT A VISA 15 DAYS
H1"H1: ALIEN OF DIST MERIT & ABILITY
H1A"H1A: REGISTERED NURSE
H1B"H1B: SPECIALITY OCCUPATION
H1C"H1C: Nurse Relief
H2"H2: TEMPORARY LABOR CERTIFICATION
H2A"H2A: TEMPORARY AGRICULTURAL WORKER
H2B"H2B: TEMPORARY NON-AG WORKER
H3"H3: ALIEN TRAINEE
H3A"H3A: TRAINEE
H3B"H3B: SPECIAL EDUCATION TRAINING
H4"H4: SPOUSE/CHILD OF H-1 THRU H-3
I"I: FOREIGN PRESS
IMM"IMM: IMMIGRANT
IN"IN: INDEFINITE PAROLE
J1"J1: EXCHANGE VISITOR
J2"J2: SPOUSE/CHILD OF J-1
K1"K1: ALIEN FIANCE(E) OF USC
K2"K2: CHILD OF K1
K3"K3: SPOUSE OF USC
K4"K4: CHILD OF USC
L1"L1: INTRA-COMPANY TRANSFEREE
L1A"L1A: MANAGER OR EXECUTIVE
L1B"L1B: SPECIALIZED KNOWLEDGE ALIEN
L2"L2: SPOUSE/CHILD OF L-1
LZ"LZ: BLANKET L PETITION
M1"M1: STUDENT - VOCATIONAL/NON-ACAD.
M2"M2: SPOUSE/CHILD OF M-1
ML"ML: PAROLEE-MEDICAL, LEGAL, HUMAN
N8"N8: PARENT OF SPEC IMMIGRANT CHILD
N9"N9: SPOUSE/CHILD OF N8
NATO-1"NATO-1: PRINCIPAL REP. OF NATO MEMBER
NATO-2"NATO-2: OTHER REP. OF NATO MEMBER
NATO-3"NATO-3: CLERICAL STAFF FOR N-1, N-2
NATO-4"NATO-4: OFFICIALS OF NATO_ION
NATO-5"NATO-5: EXPERTS EMPLOYED BY NATO
NATO-6"NATO-6: CIVILIAN COMPONENT OF NATO
NATO-7"NATO-7: ATTENDANTS OF N-1 THROUGH N-6
O1"O1: ALIEN W/EXTRAORDINARY ABILITY
O1A"O1A: EXTRAORDINARY ALIEN - NON-ARTS
O1B"O1B: EXTRAORDINARY ALIEN IN ARTS
O2"O2: ACCOMPANYING ALIEN TO O1
O3"O3: SPOUSE/CHILD OF O-1, O-2
OP"OP: PAROLEE (OVERSEAS AUTHORIZED)
P1"P1: ATHLETE OR ENTERTAINER
P1A"P1A: ALIEN WITH ATHLETIC EVENT
P1B"P1B: ALIEN WITH ENTERTAINMENT GROUP
P1S"P1S: SUPPORT PERSON OF P-1
P2"P2: EXHANGE ARTIST/ENTERTAINER
P2S"P2S: SUPPORT PERSON OF P-2
P3"P3: UNIQUE PGM ARTIST/ENTERTAINER
P3S"P3S: SUPPORT PERSON OF P-3
P4"P4: SPOUSE/CHILD OF P-1, P-2, P-3
PAR"PAR: PAROLEE
PI"PI: PACIFIC ISLANDER
Q1"Q1: INTL CULTURAL XCHG VISITORS
Q2"Q2: IRISH PEACE PROCESS PARTICPNTS
Q3"Q3: SPOUSE/CHILD OF Q2
R1"R1: RELIGIOUS OCCUPATION
R2"R2: SPOUSE/CHILD OF R-1
RE"RE: REFUGEE
RE5"RE5: HAITIAN W/GRANTED REFUGEE STAT
RW"RW: RAW APPLIED FOR AT A US CO
S1"S1: SPECIAL AGRICULTURAL WORKER
S2"S2: SPECIAL AGRICULTURAL WORKER
S5"S5: INFORMANT OF CRIMINAL ORGANIZATION INFORMATION
S6"S6: INFORMANT OF TERRORISM INFORMATION
S9"S9: EMERGENCY FARM WORKER
SDF"SDF: SUSPECTED DOCUMENT FRAUD
ST"ST: STOWAWAY
T1"T1: VICTIM OF SEVERE FORM OF TRAFK
T2"T2: SPOUSE OF T1
T3"T3: CHILD OF T1
T4"T4: PARENT OF T1
TB"TB: SPOUSE OR CHILD OF CAN. FR
TC"TC: CANADIAN FREE TRADE AGREEMENT
TD"TD: NAFTA DEPENDENT
TN1"TN1: NAFTA PRINCIPAL (CANADA)
TN2"TN2: NAFTA PRINCIPAL (MEXICO)
TPS A-12"TPS A-12: APPROVED FOR TPS ON FORM I-821
TWO"TWO: TRANSIT WITHOUT A VISA
U1"U1: VICTIM OF CRIMINAL ACTIVITY
U2"U2: SPOUSE OF U1
U3"U3: CHILD OF U1
U4"U4: PARENT OF U1
UN"UN: UNKNOWN
V1"V1: SPOUSE OF LPR
V2"V2: CHILD OF LPR
V3"V3: DEPENDANTS OF V1 OR V2
WB"WB: VISITOR FOR BUSINESS - VWPP
WD"WD: WITHDRAWL (I-275)
WI"WI: WITHOUT INSPECTION
WT"WT: VISITOR FOR PLEASURE - VWPP

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Dhundhun

07-10 01:43 AM

.. X made appeal and you continued working with X. Why do you think this to be illegal?

.. Y applied for H-1B transfer and it got approved. So why do you think problem in joining Y?

.. I think passport validity of six months used to be OK for Visa Stamping. Check this one. Preferably it is better to get new passport - people are getting some times stuck for months in PIMS.

.. It should be OK to take job with Y (assuming that you have I-797 from Y with I-94) and then getting Visa stamped when new passport arrives.

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hope123

12-22 06:05 AM

Appreciate all of your valuable inputs.

I am able to check my I-485 receipt date on uscis.gov. How can we know the notice date. As per my employer they sent it on July2nd and we know USCIS moved those dates again back and forth. When we are counting 180 days do we start counting from I-485 notice date or receipt date?

If my current employer agrees that I am moving to the new employer using my EAD and he don't object anything.. I heard if we use AC21 we may get RFE's for what is the current job description and all. Do I have to use AC21?

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GCwaitforever

07-20 07:01 PM

Please participate in the immigration lawyers conference call on 28th.

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mdipi

10-20 09:44 PM

not bad at all, but the text sucks
:evil:

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tonyHK12

10-04 02:45 PM

The problem with accounts in India is the requirement to declare it here.
I don't think so, only Green cards and citizens are taxed on world wide income.
I meant the public provident fund run by the govt. We should check with a India tax expert on that, if non residents can contribute. don;t think they should have issues. PF allowed tax deduction for residents on 10% of the income, but you could always contribute as much as you wanted and top it up.

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ca_immigrant

05-19 06:44 PM

I am also travelling with the family in June for a couple of months !

the murthy link and this thread over all is helpful !

Our company's lawyer mentioned that if the 485 gets approved while abroad then when I come back I just tell the officer at the entry point that I was out and do not have the card in hand. So I enter using AP.


I also asked him (and in another thread here ) if I can have the card mailed to India by a friend and he said yes, I can do that if I am comfortable with it.

On a different note , one other person mentioned to me that one has to be in the US when the 485 application is approved or else they can reject the application, but that does not sound true and nor I have heard anything like that from the lawyer or in any of the forums !!

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GCProbs

09-15 07:10 PM

Hi All,

I need an advise from IV folks..

here is my situation..

I've got my I-485 approved through company A (Future Employment) on 09-2010 (Case details: PD 06 I-140 AD 02 I-485 RD 07-2007 AD 09-2010). I've never worked for the Company A and my GC-sponsoring company is about to close any time. Since 01-2008 I've been working for company B in same/similar field and did not file AC-21. If I want to continue working for company B, do I have to file AC-21? Please let me know if I need to concern about any thing in future.


Since GC-Sponsoring company is going to close any time... So I cannot return back to that company...


Please advise me...

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fatjoe

10-31 12:46 PM

Didn't they stopped issuing interim EADs half an year ago?

It was stopped. I went to the local office and found that.

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simplistik

03-07 08:42 AM

I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...Hmmm.... I thought paddy was first. Regaurdless that's just my opinion... I mean techincally you were all influenced by the sony site :P. But end dates on things like these types of compitetions are important, what you do is you give a specified time to have them linked up. Give somethin like a 6ish hr gap to have them up or post the link... then close it if they aren't up.

Anywho... gj guys... but I shall not say who I voted for :krazy: don't go tellin on me you silly Mods you. :p:

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paskal

03-15 06:17 PM

The maximum duration of a J-1 is 7 years but the visa is issued 1 year at a time (royal pain). Therefore there is nothing such as a transfer. When residency is over, if you get a fellowship the program files with ECFMG the necessary papers to prove that it's an accredited program etc It is ECFMG that sponsors you not your program/hospital. Each year the program informs ECFMG on your progress and based on that a new sponsorship for another year is granted.
After my first fellowship i was board certified. In order to specialize further I (and my new department) had to convince ECFMG that there was some merit in the whole proposal. anyway long story, they did sponsor me and I did another 2 years thus completing the entire 7 year period.

As for GC, my employer just started the process and insisted on choosing an expensive corporate lawyer they have worked with before. She is in no hurry and I don't know when I will even have a priority date let alone a GC. This is after 11 years here. such fun....

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yetanotherguyinline

12-20 06:47 PM

I found out from discussion about the USCIS Expedite service:

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD

"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:

* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS

If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.

If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"

I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.

I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.

It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)

She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."

Source:
http://www..com/discussion-forums/i485-1/52168049/


ENJOY!!!!



There was another individual on this board who had an personal emergency (I believe his id is Mehul or something similar). This information might be very useful to him.

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svam77

07-18 11:54 PM

Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.

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whiteStallion

05-15 03:16 PM

You are right. These certifications may add some value when applying for H1B Visa but not for GC Processing with USCIS. You can just ignore those certifications....

I would like to clarify one thing....

Are these Certifications from Sun Microsystems, Oracle and IBM consider as supporting documents for 4 year degree or equivalent to any educational qualifications or experience?
I mean, people are doing these certifications even with out a job or while on bench....

I do not want to degrade or project these certifications in low profile or so, I do know the value of these certifications while searching for a job, but could not understand how they will help you in education or experience with USCIS.

Correct me if I am wrong.....

- B+ve

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DareYouFireMe

03-09 04:18 PM

Doesn't matter....If he is from India/China, Without immigration refrom he is screwed either way....

If he is EB2 ROW then go with Nov 2006...


In any case please tell your friend to join IV and contribute to IV.....

Not sure what you meant by your statement "screwed either way"
Also, please let me know what does EB2 ROW means. Thanks!

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yabadaba

06-18 12:44 PM

thanks reno john!

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shirish

09-15 11:43 AM

It still says Aug 15th. I don't think they will release it yet.


USCIS is posting the processing times on the same date as they mentioned on the document......unbelievable, Hope its not a USCIS mistake.

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tikka

05-29 09:08 PM

Donot forget to send the webfax :)

thanks

2750 web faxes have been sent! we are trying to get to 3,000.:)

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deepakjain

02-24 11:19 AM

I was on the same boat in NOV at mumbai consulate, had an EAD and AP but went for stamping.

My attorney told me to wait until I get through the admin processing rather then using my AP. I did not cross question him on this and after 3 weeks I received an e-mail from the consulate to submit my passport and get my visa stamped.

Best of Luck,
Deepak

This is how the e-mail will be : take a print which should show your e-mail address as provided on the visa application form....


Dear Sir/Madam,



This is to inform you that the administrative process for your US non-immigrant visa application has been completed.



You DO NOT require scheduling another appointment. Please visit the VFS office with your yellow pending letter, passport and yellow envelope. YOU do not need to come to the CONSULATE.


Please carry a copy of this email for ready reference.

Thank you
Regards
Mumbai NIV / AO

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cinqsit

12-10 03:12 PM

rubaru,

Congratulations!

Did you open a SR, Infopass or POJ to find out about missing fingerprints ?

Just curious

Thanks
cinqsit

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