stucklabor
03-23 06:57 AM
Piyushpan, you are restating what I said and putting in extra things. All 3 categories need an immigrant petition. The advanced STEM degree + 3 years people need "special labor cert" if their grad degrees are not from the US. Please re-read what I wrote earlier.
Are you STEM exempt? if so, is your advanced degree from the US? If yes, you may not need labor cert. But remember, I am not an expert. Get a lawyer's advice.
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
Are you STEM exempt? if so, is your advanced degree from the US? If yes, you may not need labor cert. But remember, I am not an expert. Get a lawyer's advice.
Hi stucklabor,
That was a good analysis.
So to summarize what you are saying is the following(as per Frist's bill)
1 People who have advanced degrees and are presently working can apply for adjustment of status(I-485) even if they don;t have a labor or a pending I-140 but they will be subject to quota to get the final approval.
2Secondly for people who are presently studying and doing their MS they can directly apply for I-485 if they have a US job offer within one year after graduation but they will be subject to quota as well
3Thirdly there is the category which has MS/Phd and 3 yrs of related exp.
For this category they can directly apply for I-485 and no quota issues either.
My question is for all these 3 categories can you really directly apply for I-140 and I485 concurrently or do you have to have a certified labor certification or pending I-140 at the time of enact ment of the bill.
I am asking because i have an approved perm labor and I-140 and waiting to file for I-485..but my company is not doing well so i may have to restart the process all over again in the new company i join.But if i have to file only I-140 and I-485 to get the GC in new company and if this bill becomes law then that would be amazing as i don;t have to go through the labor cert process anymore..
Can you confirm what i'm interpreting is correct?
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rp0lol
02-12 02:07 PM
Sent 5 more letters to President and copies in one envelope to IV.
kc_p21
12-10 04:03 PM
Please
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
It's a sad day to see IVers granting each other 'red squares' , and committed members asking each other to 'shut up'.
We are quick in jumping at each others throat for no apparent real reason ! Being part of a forum is sharing space with others, with those whom you disagree, and those who disagree with you. Argue logically, but don't make it a personal fight.
Don't agree with someone, make your displeasure known. If things seem to be getting hotter, ignore the other person. Live and let live. We have bigger issues to worry here - GC mess - instead of who said what !
2011 RSS
hebron
06-15 03:39 PM
If I were you, I would make it clear to the employer that you qualify for tier 1 in UK and educate them on benefits of tier 1 vs waiting for green card then go from there. It worked for me.
My plan was to see if I can upgrade to EB2 with the same employer. My attorney just shut my hopes down this afternoon. Per my attorney, the job description has to differ by atleast 50% if I were upgrade from EB3 to EB2 with the same employer. I guess it is hard to prove that Principal Software Engineer's job description and Software Engineer's job descriptions differ that much.
At this point I have not other option but to wait it out. I cannot move to a new employer and refile in EB2 because of valid reasons.
My plan was to see if I can upgrade to EB2 with the same employer. My attorney just shut my hopes down this afternoon. Per my attorney, the job description has to differ by atleast 50% if I were upgrade from EB3 to EB2 with the same employer. I guess it is hard to prove that Principal Software Engineer's job description and Software Engineer's job descriptions differ that much.
At this point I have not other option but to wait it out. I cannot move to a new employer and refile in EB2 because of valid reasons.
more...
scamp
05-10 09:27 PM
Hi,
My company just laid off although I am not one of them my question is can i stiil apply labor certification substitution?
Thanks.
My company just laid off although I am not one of them my question is can i stiil apply labor certification substitution?
Thanks.
gc_kaavaali
06-30 04:36 PM
Are you serious????? Are you sure it is I-485 application? not EAD application or something ?
I am telling you...if your 485 got approved really, you are the luckiest person on this earth....if it is real, Congratulations!!!! enjoy!!! don't worry about why u got it....
I am telling you...if your 485 got approved really, you are the luckiest person on this earth....if it is real, Congratulations!!!! enjoy!!! don't worry about why u got it....
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vandanaverdia
09-13 11:53 AM
I have been thinking about whether to attend the rally or not from past few weeks. Attending the rally would require me to take a day off. Finally today without thinking twice I just went to my manager asked if I can take day off on 9/18 instead compensate the work in the following saturday. It was approved and I am attending the rally on 9/18!
I am feeling so good now.
Also, I live in DC area and can help if somebody needs to be picked from airport to the rally and drop them back if needed.
Hope to see thousands on 9/18th...
ALL THE BEST TO OUR CAUSE!
Regards.
Great job anucks. You will be proud be there & let your voice be heard!! And trust me, you will not regret it one bit!
See you in DC!!!
Go IV!!!
I am feeling so good now.
Also, I live in DC area and can help if somebody needs to be picked from airport to the rally and drop them back if needed.
Hope to see thousands on 9/18th...
ALL THE BEST TO OUR CAUSE!
Regards.
Great job anucks. You will be proud be there & let your voice be heard!! And trust me, you will not regret it one bit!
See you in DC!!!
Go IV!!!
2010 simbolo da paz e amor. o
lalithkx
07-02 01:43 PM
Called him last week itself. The polling page says I may not vote for this. how do I vote???
Thanks Guys I just voted
Thanks Guys I just voted
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arkrish68
09-21 01:04 AM
My dear brothers and sisters,
First of all I congratulate all the IV members who really worked very hard and contributed $ to make this rally a success. Unfortunately I couldn't attend the rally due to personal reasons which I could not explain here in detail. but I have contributed $ to IV and will be doing more contributions.
I think we need to get the media attention of top new channels like CNN, FoxNews, LA Times, Washington post etc. One way to get their attension is by a car rally from one city to another city with banners on top of our cars / vans in a co-ordinated way. i.e from LA to Sacramento by 100 or more cars/vans at the same time.
The other way is by sending flowers or donuts or pizzas to the news organization people i.e Larry King, Anderson, Lu Dubbs etc., by mentioning "Legal Immigrants did not get well deserved MEDIA ATTENTION and illegals got all the media attention". I am not saying that illegals should not get any media attention. We also deserve same kind of treatment. They are very busy in showing JJ Simpson on all the channels. what a shame.
We can also send flowers to the President office as well as to the parliment in grabing the media attention.
Thanks
First of all I congratulate all the IV members who really worked very hard and contributed $ to make this rally a success. Unfortunately I couldn't attend the rally due to personal reasons which I could not explain here in detail. but I have contributed $ to IV and will be doing more contributions.
I think we need to get the media attention of top new channels like CNN, FoxNews, LA Times, Washington post etc. One way to get their attension is by a car rally from one city to another city with banners on top of our cars / vans in a co-ordinated way. i.e from LA to Sacramento by 100 or more cars/vans at the same time.
The other way is by sending flowers or donuts or pizzas to the news organization people i.e Larry King, Anderson, Lu Dubbs etc., by mentioning "Legal Immigrants did not get well deserved MEDIA ATTENTION and illegals got all the media attention". I am not saying that illegals should not get any media attention. We also deserve same kind of treatment. They are very busy in showing JJ Simpson on all the channels. what a shame.
We can also send flowers to the President office as well as to the parliment in grabing the media attention.
Thanks
hair Día de la Paz. El Colegio Amor
starving_dog
07-17 03:31 PM
I wish all EB3 ROW with priority dates between 10/01/02 and 01/11/02 would go home so I could get my green card. Obviously this post in jest.
more...
mirage
02-11 03:16 PM
I agree with you 100%. As this is true, lawmakers are very well aware of our grief, but none of them is saying it. They want to oppose legals in the name of opposing illegal immigration bills. If you look at CIR in 2006. First they put legals in the bill with illegals, then they oppose illegals, ultimately the result is no legal immigartion too. Nothing is getting passed in the congress for the legal immigration. what does it tell ?
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
Pappu,
This post does clarify visa recapture issues, but what about concurrent 140/485 filing ? Also, if our fate is still so tied up with 12+ millions illegals, doesn't that mean that we failed to make our case, even with so much media coverage, lobbying and our personal efforts to call the law makers. Could another explanation be that lawmakers have all but refised to treat us with dignity we deserved as an educated, law abiding, tax paying citizens contributing to the society. I believe that we didn't fail and we tried what we could but still lawmakers refuse to act on our casue, may be they are implying something without explicitly saying it ?
hot fotos de amor y paz. imagenes
shankar_thanu
06-14 03:37 PM
starscream does hae a very valid point, just the dates becoming current doesnt mean we are out of the woods. The dates can retrogress any time and then we might again be stuck in limbo even after we get our 485 application in. We absolutely have to keep going on the CIR front as well.
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TomPlate
07-05 09:14 AM
Does the USCIS accepting application for I485 today
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soarin3655
05-18 02:27 PM
Done!
more...
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jayram123
07-18 04:50 PM
Is it not all about the bottomline?
Can any one of you as a single person make a difference? NO
Can WE as a group make a difference? YES and we have proved that.
Are WE focused as a group? Yes. In its entirety? No, and we will probably never be since we are a group.
This mess was not created by the guy with a PD of 2007 but by USCIS. So, you can hate USCIS all you want but what did the guy with PD2007 do. He just got lucky. He got lucky, plain and simple. Why should anybody feel bad about someone else's luck?
Come on guys, at least some of us are seeing the end of the light. Don't think I am PD 2007. My PD is Dec 2003. This is my fourth employer I am pursuing my GC with. I started working in 1997 and my first labor was filed in 1997. For various reasons I had to switch. I have seen all different cases. People who came in 2004 and got their GC by 2005. Is it fair? No, but it isn't the guy's fault. It is USCIS's and that's what we are trying to change. One issue at a time.
This was a can't miss opportunity caused by the USCIS foul-up. Nobody could miss out on pursuing this. Now that we are done with that, I am sure core will focus on other important issues like BEC victims etc.
Hope that helps. Peace!
Can any one of you as a single person make a difference? NO
Can WE as a group make a difference? YES and we have proved that.
Are WE focused as a group? Yes. In its entirety? No, and we will probably never be since we are a group.
This mess was not created by the guy with a PD of 2007 but by USCIS. So, you can hate USCIS all you want but what did the guy with PD2007 do. He just got lucky. He got lucky, plain and simple. Why should anybody feel bad about someone else's luck?
Come on guys, at least some of us are seeing the end of the light. Don't think I am PD 2007. My PD is Dec 2003. This is my fourth employer I am pursuing my GC with. I started working in 1997 and my first labor was filed in 1997. For various reasons I had to switch. I have seen all different cases. People who came in 2004 and got their GC by 2005. Is it fair? No, but it isn't the guy's fault. It is USCIS's and that's what we are trying to change. One issue at a time.
This was a can't miss opportunity caused by the USCIS foul-up. Nobody could miss out on pursuing this. Now that we are done with that, I am sure core will focus on other important issues like BEC victims etc.
Hope that helps. Peace!
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willgetgc2005
06-30 07:00 PM
I am really concerned. Employers will lobby for increase in H1-B.
Well, at least most of them. If it comes to either H1-B or GC, they will obviously opt for H1-B increase.
So, if in the last minute, only H1-B is increased and not GC (Anything can happen behind closed doors negotiations) we will have more H1-B with the GC dream and suffering like us.
I think our Web fax should categorically state that we support Only GC related provisions in the skill bill. Else, at least, I plan not to sign the petition.
We don�t want to be supporting a cause outside of ours that will eventually indirectly
affect us. It will also affect many starry eyed new H1-Bs chasing their ever elusive GC dream. Haven�t we all had enough.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
Well, at least most of them. If it comes to either H1-B or GC, they will obviously opt for H1-B increase.
So, if in the last minute, only H1-B is increased and not GC (Anything can happen behind closed doors negotiations) we will have more H1-B with the GC dream and suffering like us.
I think our Web fax should categorically state that we support Only GC related provisions in the skill bill. Else, at least, I plan not to sign the petition.
We don�t want to be supporting a cause outside of ours that will eventually indirectly
affect us. It will also affect many starry eyed new H1-Bs chasing their ever elusive GC dream. Haven�t we all had enough.
Excellent Point. Its defenitely not in any of the employer's interest to worry about EB issues. Infact they prefer people being in H1. and I certainly do not want to support that. There are good chances that congress increase H1 quota and we end up supporting the wrong cause. As far as IV is concerned, I would even go to the extent of saying that we should not support H1 causes, as there are enough candidates in H1 here undergoing EB problems. Thanks for bringing out an excellent point regarding this bill. My opinion is, if EB issues are not stressed properly, this bill will be viewed as "INCREASE FOR H1B BILL".. my 2 cents.
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makeup ¡Paz, amor, roca!
senglory
02-14 08:19 PM
I arrived in the USA on 02/04. By current time I haven't been assigned to to any client's project which my bodyshop promised me. Also he have'n paid me yet even a single paycheck. I started to find another company which could do transfer my h1b. Is it real without any paycheck at all?
girlfriend Simbolo do Paz e Amor .
nrakkati
03-24 10:58 PM
I truely hope you are correct and op is out of the woods, but will wait until we get verdict from CIS. nrakkati please post when you hear from CIS on this situation. Good luck with your GC.
Thank you, gapala. I will come back and update.
I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.
Good Luck with your GC too.
Thanks.
Thank you, gapala. I will come back and update.
I did not ask attorney too many questions as he is busy filing the case. But did not say anything like I am in trouble. Hopefully everything turns out good.
Good Luck with your GC too.
Thanks.
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sam_hoosier
06-10 03:17 PM
Looks like I will need to wait one more year :(
Congrats to folks with PD before Oct 2005. Hopefully you should be getting your GCs soon.
Congrats to folks with PD before Oct 2005. Hopefully you should be getting your GCs soon.
seahawks
09-22 02:20 AM
Genuine reason, my husband passed away last year and just could not afford to go, sorry
We are sorry to hear about your loss. Don't worry we represented you in the rally!
We are sorry to hear about your loss. Don't worry we represented you in the rally!
rs_nyuser
06-14 12:45 PM
Congratulations to everyone whose dates have become current. To all gurus. I wanted to know as to how does it work when it comes to procesing I - 485, what dates are important is it the filing date, or the Priority date? If two people file at same time with different priority dates who gets priority, one with earlier priority date or one with earlier reciept notice date or will the cases be treated at same level.
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