lonedesi
10-06 03:12 PM
I personally need more defination of
'Employment-based or Other: 110,786 '
it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?
Pappu,
I would like to think that the number(110,786) mentioned is of those applicants who have filed their I-485 while their PD was current. After they submitted their applications, probably retrogression happened and as such they are probably still stuck waiting for the GC to become available.
I believe this number does NOT include the applicants whose I-140 is approved, but are still waiting to file their I-485. I am sure there are few hundred thousand applicants in EB category who are waiting to file their I-485when their PD becomes current.
I tried looking at USCIS website to get a more thorough understanding of what they mean by EB, but was not successful.
'Employment-based or Other: 110,786 '
it is defining a narrow set of applicants. Are they ones whose 485 is stuck after filing 485. or are they ones whose 485 cannot be filed and only have 140 approved ?
Pappu,
I would like to think that the number(110,786) mentioned is of those applicants who have filed their I-485 while their PD was current. After they submitted their applications, probably retrogression happened and as such they are probably still stuck waiting for the GC to become available.
I believe this number does NOT include the applicants whose I-140 is approved, but are still waiting to file their I-485. I am sure there are few hundred thousand applicants in EB category who are waiting to file their I-485when their PD becomes current.
I tried looking at USCIS website to get a more thorough understanding of what they mean by EB, but was not successful.
wallpaper minister enazir bhutto,
chanduv23
07-13 01:56 PM
A RALLY IS BEING UNDERTAKEN IN SAN JOSE TOMORROW. PLEASE CHANNELIZE ALL YOUR POSITIVE ENERGY IN ACCOMPLISHING THIS TASK.
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
DONT WASTE TIME ON NEGATIVE ENERGY.
http://immigrationvoice.org/forum/showthread.php?t=10086
diptam
06-10 03:03 PM
I know this topic has been discussed in other threads as well and those threads got buried over the Period of time but this is getting beyond limit now - let me know if anyone has any good idea or if we can do anything together......
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
My PD is EB3 Mar 2005 and my 140 is applied in EB3 May 2007. at NSC (Nebraska) Its been 13 months and no signs of movement and no one is helping . Here what I did on a personal level and here is what i heard.
a) Contacted USCIS - they said contact employer/lawyer because they are the beneficiary.
b) Contacted Lawyer - they said 'Pls wait for some more time' & then ask employer.
c) Contacted Employer - they said that we can't push lawyers unless your case is passed 2 months from Processing Date update.
d) Contacted Local Congressman - Told them that the Processing Date update is a farce and USCIS (NSC) moves them back n forth just to save their Face. This is really unfair for a certain category of peoples. They took my case no. and inquired and then said that since you have a parallel H1B and a job - we would wait. If your existence in US comes on the Line then we will Jump in and help you. We are sorry but we can't really expedite unless a emergency comes.
Now tell me folks what other options we all have - NSC is just messing with EB3 140. Whatever is the workload this can not happen. Do we still have some options to work on (apart from sitting idle and pray) ?
2011 like Benazir Bhutto: Shah
chanduv23
10-01 01:52 PM
Folks - Amsterdam, Dubai, Brussels are the best way to go. 4 years back, I had problems with Lufthansa, I did not know I ahd to take transit visa and they never allowed me on flight and I had to travel the next day by going to german consulate in morning get visa and went back in afternoon, and surprisingly they had blocked me for that day. Until then, I always used to travel ONLY by lufthansa, but after that experience, I never wanted to. I always fly emirates and I like it.
more...
geevikram
08-20 09:20 AM
I guess you need to give them a little bit more time. Watch out for visa bulletins till the end of this year, maybe that will give us some pointers.
Gravitation
08-18 05:32 PM
You have an approved I-140, so the PD belongs to you.
Find a job that requires either an MS degree or BS+5 years experience (this could very well be your current job). File a new perm. When it's approved file for a new I-140 in EB2 attaching the copy of the old approved I-140 asking to capture that date.
Then attach your new I-140 with EB2 to your existing I-485 application.
Find a job that requires either an MS degree or BS+5 years experience (this could very well be your current job). File a new perm. When it's approved file for a new I-140 in EB2 attaching the copy of the old approved I-140 asking to capture that date.
Then attach your new I-140 with EB2 to your existing I-485 application.
more...
cooldudesfo
09-13 04:52 PM
I am in the exactly same situation.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
I talked to my Attorney and they are going to send me Originla I-485 receipt notice. What they told me the RD on original notices is July 2, 2007.
If this is true, then I will just ignore the Aug 28, 2007 RD on my Transfer Notices.
Try to get your original I-485 from Attorney and check out what the RD is on them....
An please post here if you find anything else.
I have my EADs and APs approved already.
2010 leader Benazir Bhutto hold
vjone
04-07 12:11 PM
If you are an immigrant what�s your status...Tell us more about you.
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
I can see how ignorant you are, I can use similar words.
Either you are really an uneducated fellow or not really get educated.
I dont have to file any type of application to be on this forums,
There could be tons of reasons why I am on this forums, ...Parents visitor visa, .. Brothers H1 , .. friends immigrants status, ...for god sake there are tons of issues.
I can say one thing .. there are few fellows around here .. looks like they are invaded this Immirationvoice.org forums and they are not allowing any new users to come or to post any topics which they dont like. What's wrong in my posting. I just browsed some topics .. they are horrible horrible topics out there.
Do a favor, If you want to help this forums never post such type of comments and get educated first and think positively.
-Vj
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
I can see how ignorant you are, I can use similar words.
Either you are really an uneducated fellow or not really get educated.
I dont have to file any type of application to be on this forums,
There could be tons of reasons why I am on this forums, ...Parents visitor visa, .. Brothers H1 , .. friends immigrants status, ...for god sake there are tons of issues.
I can say one thing .. there are few fellows around here .. looks like they are invaded this Immirationvoice.org forums and they are not allowing any new users to come or to post any topics which they dont like. What's wrong in my posting. I just browsed some topics .. they are horrible horrible topics out there.
Do a favor, If you want to help this forums never post such type of comments and get educated first and think positively.
-Vj
more...
GCBy3000
07-13 06:57 PM
Change the title. It is not a FACT as your title says. it is just your assumption.
hair Benazir Bhutto Associated
sobers
02-28 02:41 PM
Awesome work, guys!
Btw, besides roll call, another influential Capitol Hill publication is "The Hill".
This story ran in it today. If anything, this (the portion in bold) demonstrates the power of your faxes/emails to lawmakers.
--------
THE HILL
http://www.thehill.com/thehill/export/TheHill/Business/022806_immigration.html
Anti-immigration groups up against unusual coalition
By Patrick O’Connor
The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.
But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.
With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.
Staff members of many of the organizations involved in this fight stayed up much of last Thursday night poring over details of draft legislation released by Judiciary Committee Chairman Arlen Specter (R-Pa.) in anticipation of this week’s markup. By Friday afternoon, many of those organizations released statements either heralding or deriding Specter’s draft.
Senate Majority Leader Bill Frist (R-Tenn.) has said he would like to move a bill to the floor by the end of March, meaning next month is critical in the years-long debate over immigration reform.
A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.), with select members of the AFL-CIO teaming up with social-welfare organizations, the Chamber and other business groups that support a temporary-worker program.
“The fact that the Chamber of Commerce needs comprehensive immigration reform is very good,” said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.
Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.
“It’s nice actually to get to work with these guys,” said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.
Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.
“When push comes to shove, we will all become … forceful advocates for our members,” Gay said. “If we’re at an impasse on something, it’s not through misunderstanding. When we differ, it will be for real reasons.”
Despite the breadth of interest groups advocating an expanded guest-worker program, the enforcement-only crowd makes considerably more noise on Capitol Hill, if the flood of mail, e-mail and phone calls to member offices is any indication.
A handful of single-issue groups opposing the guest-worker program have effectively put the other side on the defensive since President Bush first announced his intentions to push comprehensive immigration reform, as evidenced by the administration’s backtracking since Bush first proposed such a program in January 2004.
One of those groups, Numbers USA, has 135,000 registered activists throughout the country and an e-mail list in excess of 1 million subscribers, all of whom have signed up voluntarily, said Caroline Espinosa, a spokeswoman for the group. A link on the Numbers USA website also allows browsers to fax a personal note to members of Congress in support of increased enforcement of illegal immigration.
Numbers USA also does objective and subjective summaries of each bill introduced on the issue and notifies subscribers in advance of any important actions on Capitol Hill, such as this week’s markup. As such, the group was expected to send an alert asking those supporters living in states represented by members of the Senate Judiciary Committee to call or fax their members in anticipation of that markup.
Unlike their counterparts on the guest-worker side of the debate, these single-issue groups do not coordinate to the extent of their rivals.
“We’re pretty separate,” Espinosa said. “We don’t even share resources, even though we’re all working toward the same goals.”
Battling with groups like Numbers USA is an uncommon experience for many members of the business community because they do not regularly work on such socially sensitive topics.
“We don’t usually end up on the other side of single-issue groups,” Gay said. “That’s unusual for us.”
McCain was scheduled to appear at a union hall in New York City yesterday with a number of these groups as a demonstration of how the expanded guest-worker program is attracting broad, bipartisan support.
The White House has sent signals to Republicans in both chambers that it favors comprehensive reform, which could include an expanded temporary-worker program. House leaders passed an enforcement-only bill under the assumption that the Senate would take up the more politically difficult guest-worker issue.
The anti-immigration crowd has political momentum at this stage in the fight, with congressional Republicans wary to cast any vote that could turn off their conservative base during this critical election year, but members will also have a hard time ignoring such a broad cross-section of business, labor and social groups with their own self-interested constituents.
“We’re not trying to damage America,” Gay said. “We’re just trying to keep our restaurants open.”
Btw, besides roll call, another influential Capitol Hill publication is "The Hill".
This story ran in it today. If anything, this (the portion in bold) demonstrates the power of your faxes/emails to lawmakers.
--------
THE HILL
http://www.thehill.com/thehill/export/TheHill/Business/022806_immigration.html
Anti-immigration groups up against unusual coalition
By Patrick O’Connor
The National Restaurant Association usually does not join forces with the National Council of La Raza, and the U.S. Chamber of Commerce rarely, if ever, aligns itself with the Conference of Catholic Bishops.
But those organizations and many others have come together in support of a comprehensive immigration-reform bill that would expand guest-worker programs and offer undocumented workers already in this country a path to citizenship. They are up against an aggressive cross-section of single-issue organizations that favor increased enforcement of immigration laws and have condemned any legislation that would allow undocumented workers already here eventually to become citizens.
With the Senate Judiciary Committee expected to mark up its version of the immigration bill Thursday, groups on either side of the issue have geared up for a hard fight, and the vehemence and intractability of either side should make compromise particularly difficult for lawmakers on Capitol Hill.
Staff members of many of the organizations involved in this fight stayed up much of last Thursday night poring over details of draft legislation released by Judiciary Committee Chairman Arlen Specter (R-Pa.) in anticipation of this week’s markup. By Friday afternoon, many of those organizations released statements either heralding or deriding Specter’s draft.
Senate Majority Leader Bill Frist (R-Tenn.) has said he would like to move a bill to the floor by the end of March, meaning next month is critical in the years-long debate over immigration reform.
A unique coalition of divergent interest groups have rallied in support of a bill introduced by Sens. John McCain (R-Ariz.) and Edward Kennedy (D-Mass.), with select members of the AFL-CIO teaming up with social-welfare organizations, the Chamber and other business groups that support a temporary-worker program.
“The fact that the Chamber of Commerce needs comprehensive immigration reform is very good,” said Flavia Jimenez, an outreach director for the National Council of La Raza, a Hispanic advocacy organization.
Members of the business community also appreciate working with groups such as La Raza because it allows the overarching coalition to communicate with Republicans and Democrats alike on Capitol Hill.
“It’s nice actually to get to work with these guys,” said John Gay, a senior vice president for government affairs with the National Restaurant Association, which co-chairs the Essential Worker Immigration Coalition (EWIC), a group of more than 40 business and trade associations seeking comprehensive reform.
Because the many groups within this broad coalition have slightly different priorities, they must communicate regularly to push common themes. In the end, these organizations are all fighting for what they consider the best interests of their dues-paying members.
“When push comes to shove, we will all become … forceful advocates for our members,” Gay said. “If we’re at an impasse on something, it’s not through misunderstanding. When we differ, it will be for real reasons.”
Despite the breadth of interest groups advocating an expanded guest-worker program, the enforcement-only crowd makes considerably more noise on Capitol Hill, if the flood of mail, e-mail and phone calls to member offices is any indication.
A handful of single-issue groups opposing the guest-worker program have effectively put the other side on the defensive since President Bush first announced his intentions to push comprehensive immigration reform, as evidenced by the administration’s backtracking since Bush first proposed such a program in January 2004.
One of those groups, Numbers USA, has 135,000 registered activists throughout the country and an e-mail list in excess of 1 million subscribers, all of whom have signed up voluntarily, said Caroline Espinosa, a spokeswoman for the group. A link on the Numbers USA website also allows browsers to fax a personal note to members of Congress in support of increased enforcement of illegal immigration.
Numbers USA also does objective and subjective summaries of each bill introduced on the issue and notifies subscribers in advance of any important actions on Capitol Hill, such as this week’s markup. As such, the group was expected to send an alert asking those supporters living in states represented by members of the Senate Judiciary Committee to call or fax their members in anticipation of that markup.
Unlike their counterparts on the guest-worker side of the debate, these single-issue groups do not coordinate to the extent of their rivals.
“We’re pretty separate,” Espinosa said. “We don’t even share resources, even though we’re all working toward the same goals.”
Battling with groups like Numbers USA is an uncommon experience for many members of the business community because they do not regularly work on such socially sensitive topics.
“We don’t usually end up on the other side of single-issue groups,” Gay said. “That’s unusual for us.”
McCain was scheduled to appear at a union hall in New York City yesterday with a number of these groups as a demonstration of how the expanded guest-worker program is attracting broad, bipartisan support.
The White House has sent signals to Republicans in both chambers that it favors comprehensive reform, which could include an expanded temporary-worker program. House leaders passed an enforcement-only bill under the assumption that the Senate would take up the more politically difficult guest-worker issue.
The anti-immigration crowd has political momentum at this stage in the fight, with congressional Republicans wary to cast any vote that could turn off their conservative base during this critical election year, but members will also have a hard time ignoring such a broad cross-section of business, labor and social groups with their own self-interested constituents.
“We’re not trying to damage America,” Gay said. “We’re just trying to keep our restaurants open.”
more...
cse_us
11-30 01:55 PM
Hello All,
just wanted to share my Finger Printing Experience.
I am july 2nd filer, EB2.
NSC -CSC - NSC case.
Got my FP done today,
however I noticed that on my ASC notice, my SSN has been printed incorrectly.
I called USCIS and made the correction.
I was surprised & furious at the same time, by seeing this mistake from USCIS.
Their system is so bad, they are not even verifying the Name to the corresponding SSN. Had I missed to notice, I would have been stuck either at FBI name check or by a querry from USCIS later for a long long time.
Already the wait is long enough.
Anyways, dont relax just seeing your EADs and APs, watch every detail on whatever they send.
Regards
CSE
just wanted to share my Finger Printing Experience.
I am july 2nd filer, EB2.
NSC -CSC - NSC case.
Got my FP done today,
however I noticed that on my ASC notice, my SSN has been printed incorrectly.
I called USCIS and made the correction.
I was surprised & furious at the same time, by seeing this mistake from USCIS.
Their system is so bad, they are not even verifying the Name to the corresponding SSN. Had I missed to notice, I would have been stuck either at FBI name check or by a querry from USCIS later for a long long time.
Already the wait is long enough.
Anyways, dont relax just seeing your EADs and APs, watch every detail on whatever they send.
Regards
CSE
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qualified_trash
10-06 07:42 PM
If he is going to start with new PERM. new I-140, he can port the old PD based on old I-140.
I disagree based on the following:
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
this is from the USCIS website
http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
I disagree based on the following:
Accordingly, guidance in the June 19, 2001, memorandum provides that the labor
certification or approval of a Form I-140 employment-based (EB) immigrant petition shall
remain valid when an alien changes jobs, if:
(a) A Form I-485, Application to Adjust Status, on the basis of the EB
immigrant petition has been filed and remained unadjudicated for 180
days or more; and
(b) The new job is in the same or similar occupational classification as the job
for which the certification or approval was initially made.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
this is from the USCIS website
http://www.uscis.gov/graphics/lawsregs/handbook/I140_AC21_8403.pdf
more...
house Benazir Bhutto
DudefromBombay
06-30 03:13 PM
Thanks Ivar for your reply.
tattoo to murder Benazir Bhutto
antonyabraham
12-06 09:32 PM
I am in IL, about 130 miles from Chicago. Please add me to the chapter.
more...
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gcnirvana
05-17 05:52 PM
Sorry to bump it up as I know all are busy glued to the CIR thread and applying 485. But I have an appoitment with the local immi officer and thought any advice here would supplement my discussion with him/her. Thanks again!
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BoletoGC
11-18 05:27 PM
Hello Gurus,
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
My I-140 was recently approved. 140-485 filed concurently in July 2007. I have a new job offer and plan to use AC21. However I am worried because the wages at new job would be significantly higher than the old job. There are two reasons for the big difference
1-Desi employer v/s corporate employer
2-Dallas v/s New York
Any comments from people who have faced similar situation will be highly appreciated.
Thanks
more...
makeup By Benazir Bhutto:
arunmohan
06-25 01:21 PM
It is not taking more than 5 minutes. Please start sending and forward it your friends.
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msekhargc
06-20 11:50 PM
sorry.. wrong thread
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raysaikat
07-10 07:39 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
kkn006
08-07 09:32 PM
My priority date is June 2006.
I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.
When I was with consulting company before I left they filed for my EB2 labor which is now approved.
Here is my DILEMMA.
OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.
BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.
OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....
------------------
Please provide your advice/inputs on what options I have, Do you know any other options than above specified.
Has anyone gone through this situation and how did you handle?
Any other feasible ideas that help me keep my full time position with fortune 10 company and as well get my GC on EB2 category.
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Forum members helped me in the past with valuable inputs so I counting on your inputs. Please spare few minutes and help me with your inputs/advice.
I appreciate your help and time.
PS: I have 10 yrs IT experience with Master degree from US univ.
I was with consulting company till 06/2009 after which I joined the client (fortune 10) company as full time employee. I'm on EB3 category using my EAD.
When I was with consulting company before I left they filed for my EB2 labor which is now approved.
Here is my DILEMMA.
OPTION#1) I can join my previous employer. i.e. the consulting company for interfiling between EB3 and EB2 so in which case if I go for premium I140 processing I will be on EB2 within a month or so.
BUT I'll have to leave my current full time employment which is with a fortune 10 company and good pay, I'm not comfortable to leave this position AND I do NOT want to loose the opportunity of getting my GC as soon as possible as EB2 dates are so close to my priority date.
OPTION#2) Discard the approved EB2 labor that my previous employer (consulting company) have for me and ask my current employer (fortune 10)company start my EB2 PERM labor and premium I140 and then interfile. IN THIS CASE, it might take about an year for me to get on to EB2 category BUT by then I'll miss the EB2 train if the dates become current before I get on to EB2 category....
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Please provide your advice/inputs on what options I have, Do you know any other options than above specified.
Has anyone gone through this situation and how did you handle?
Any other feasible ideas that help me keep my full time position with fortune 10 company and as well get my GC on EB2 category.
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Forum members helped me in the past with valuable inputs so I counting on your inputs. Please spare few minutes and help me with your inputs/advice.
I appreciate your help and time.
PS: I have 10 yrs IT experience with Master degree from US univ.
amitjoey
03-31 04:15 PM
Done