Kama Of Kingstone

PD: Jan 2006
Category: EB2
Could you inform us what your Eb category is and what is your priority dates.
TIA

I dont think that is correct - as per my lawyer this is what she says -

In order to move to a new employer and still continue with the same gc applications, you must meet all of the following conditions under AC21:

1. Your I-140 must be approved
2. Your I-485 must be filed and pending for at least 180 days
3. Your new job classification must be the same as in the old job

If you are missing any of the 3 conditions at the time you move to an employer, you will lose your gc application and you will need to start a new one.

So guys please make sure you give correct information. Also, I would suggest people who are asking various questions over here in IV should also talk to their own lawyers and take a decision. Please do not take decision based on comments given over here. So "LOOK BEFORE YOU LEAP".

Please note that most people here give suggestions and advices based on their knowledge, experience etc... and may not be taken as legal advice. One must definitely consult an attorney before taking any career move. But also note that, Lawyers may not also be 100% aware or correct, as such no lawyer is perfect and most lawyers are commercial and you may * not really get the true picture* , exceptions and provisions are done on case to case basis and experienced and good lawyers can definitely help answer your questions.

Changing employer after 140 abd keeping PD is something new and I guess lawyers may not suggest taking that route, but in realty if u r in troubled waters, definitely u must see if u can work that option out.

I work at one of these companies & they applied for my GC.

Thanks for the update.

Yes...we need to get the unused visa numbers. But this is not the right time for that. Because of the economy there will be huge outcry and we should avoid the negative publicity.

In this situation if things are not going bad for us, we should be happy. At least for status quo rather than losing what we have.

Is it legal to make photocopies of your passport in the US? They dont do it in FEDEX Kinkos etc., Ofcourse you can print it in your house.

I have made copies of my passport several times at kinkos. I have also send those to immigration lawyer etc..

That is what these computer workers do. Go to forums, steal code, copy that at the appropriate place, change variable names and screw up all the copyright issues.
Thank You ! That was a good peek into your level of knowledge and understanding. No wonder you are always jealous of IT guys.

Ok guys before you shoot it down heres my calc for EB2 pending apps from 2000 to Dec 2003. Obviously its a rough estimate, who knows how many eb3s switched, labor subs etc etc etc.

From pending apps from 2000 to 2003 dec are about 96. Assume represents 1% of total population so it would be 9600. Each app has about 1.5 dependents so about 15,000? If you assume as lower say 0.5% then number would obviously increase to 29,000.

Ok now shoot me down.

I did not marry the man I was engaged to. I came here initially for ONE month and was approved at the airport customs terminal to stay that long. When I got here, it was for a visit with my fiance only. Unfortunately, things did not work out and we broke it off. Thank God! However, I was staying with his uncle and aunt, and they had a disabled man in the house. HE turned out to be my sponsor when they asked me to care for him while they were doing long haul trucking. I agreed to do this and we immediately contacted USCIS to get instructions on what needed to be filed first. With that information in hand, we filed everything they requested. All the stuff on the RFE I received has never been mentioned before now and if it had, it would have been filed along with the rest. There are tons of applications, how is one supposed to know what to file and when if there are no specific instructions? I have gone through all the copies we have of all the required applications and I still do not see anything where all these other forms were to be filed along with the I-485.
Nothing was done illegally. He filed the application on my behalf, signed, sealed and delivered it himself. I did not do this on my own, I just signed whatever I was required to sign, he did the rest.
If all of this was illegal, then why was I not informed of this nearly 6 years ago when we filed the first application? Seems a bit odd that if I was illegal and they know where I am and who I live with that they wouldn't be quick to throw me out, but they have not done so.
My former fiance has nothing to do with this, I never intended to stay here when I first came, it was merely a visit but circumstances were such that I was needed at a moment's notice so we filed the necessary paperwork as quickly as possible and thought we were doing the right thing. No one has ever said otherwise until now and I think that is rather unfair to spring it all on me at this point and expect me to get it all done within 30 days. I know I am not the only applicant out there and I realize there is a huge backlog of other applications, I'm not that stupid to think that they will make me a priority, but one measly letter informing me that I was here illegally sometime over a 6 year period is not asking to much is it? Why would they send me all the other Notices of Action if I was here illegally and they knew it?
Something is terribly screwed up and I guess I have no choice but to find an attorney who can deal with this mess.

Thanks willigetagc and sayantan76 for your reply.

According to company lawyer i am preliminary discussing this issue with, she mentioned the EB1 can take 12-18 months at best, that why the concern that the foreign office might be close by then. I'm not from India/China, so there should be no priority date issue. How realistic do you guys think is it to get the whole process done in 90 days or so as mentioned sayantan76 ?

willigetagc, you mentioned about getting the EAD quickly. Once you got your EAD , does it mean that you will be still be on status even if the foreign office is closed by that time ?

H1B is probably the last option due to low probability of success and I would probably be out of status by that time.

Can you guys recommend some good immigration lawyer that you or your friends used that I can probably consult (I'm in the LA area) ? My email is ewana@gmail.com (in case it is now allowed in the forum or for privacy purposes). I'm the only employee on working visa on the company and it seems like the company lawyer is not very adept with immigration stuff.

Thanks a lot for all your help. greatly appreciate it.

You should probably check with atleast 2 lawyers. You can even have a phone conference (some charge roughly 100 bucks for a 30min conference) Try Murthy.com for one. Or open a new thread asking for attorney recommendations. That will be useful information for many people.

About EAD, I think once you get the EAD/AP, then you can use your EAD to reverify I-9. That would immediately invalidate your L1 but you will be in an AOS status. Keep a copy of the document for records. I don't know if your firm has to notify CIS, but probably not required. From then on you should use your AP when you travel out of the country. In fact, as soon as you get your AP, just make a trip out of the country and re-enter on the AP, go do an I-9 verification with your EAD and your L1 visa is history even in CIS books.
BTW, this is another thing you might want to check with the attorney.

It does'nt matter how long it takes to get the actual GC in your hand. Since, you are not from India/China, you can be out of this L1 loop within a couple of months after you file for your AOS+EAD+AP.

BTW, I don't know if they still accept premium processing on 140. IF they do, you are in great luck.

Yes, mine was in Philly BEC too...which was approved in 2007 January.

But, there was quite a few go lucky people whose labor was getting approved in 30 days state, 30 days federal until that time. thats why i took 50-50 probability.

Thanks for sending the letter to USCIS and now posting the response here. IV has taken action in this regards.

What is the next step? Do I need to follow up with another letter?

I don't care if the company is kind enought or not. Damn it .....it's my life and I want to control my own destiny.... a green card , red card, yellow card cannot make me beg anybody !! I have decided that I will keep switching on extensions and keep getting three extensions ....

If CIR / SKLIL happens , it would just be a bonus. But I will definitely help IV financially and morally all the time.....

EVERYONE SHOULD CONTRIBUTE AND MAKE SURE THAT WE WIN OR LOSE IT DOESN'T MATTER ....... WHAT MATTER THE MOST IS THAT WE GAVE OUR BEST SHOT AT IT.... AT THE END OF THE DAY YOU DON'T WANT TO FEEL THAT U DIDN'T TRY ENOUGH TO KILL THE CROCODILE. !!

I URGE THE MEMBERS TO KEEP CONTRIBUTIING TO IV.... NUMBERUSA HAS TON OF MONEY TO PUSH THEIR SIDE.....
Well said anurakt! I did the same - recently changed my job and restarted the process. At the end of the day better prof. experience will give value add - not an immigration status.

Having said that - I support IV and stand by it. I admire the attitude and am proud to be a part of the group. The immigration situation is very frustating but I'll not allow it to 'control' me.

Cheers!

^^^^^^^^^^^^

EB3 -July 2004 PD

FP done
EAD received
AP not yet received.

GET UP!!!
STAND UP FOR YOUR RIGHTS!!!!
Come to DC... lets get together & let our voices be heard!!!

http://politicalticker.blogs.cnn.com/

Congrats guys

Anybody want to post what they have so far? Please?

anurakt,

The intent of the message is appropriate but the presentation isn't. I know core team is very frustrated with the lack to contribution and it's perfectly understandable but language like this will only turn more people off and that won't help anyone.

I agree with the post earlier that may be you should just delete your post for the good of the community and I am sure you know that.

Great to hear that the event was a success. I was one of the volunteers who had the oppurtunity to call CA members and I just have one suggestion. Please update your profiles with your latest email and phone numbers. Of the 25 people I called, atleast 5 or 6 had incorrect phone numbers. One even went to a fax number. The intent for IV is to reach you quickly in such case but looks like the intent for such members is 'do-not-disturb'.