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  • DareYouFireMe
    02-19 12:25 PM
    It is hard to find Software engineers who do not qualify for EB2. I guess after couple of years EB2 would be as packed as EB3.

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  • alterego
    09-22 08:49 AM

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  • zCool
    05-17 07:27 PM
    you are going to have to do some type of litigation.. which court and how are questions for your lawyers.. This forum is probably not right place.. start with attorny.. make sure it's not your attornies who screwed up..
    have proof of documents for all the facts
    and then go file in one of the federal courts..

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  • logiclife
    02-19 11:42 AM
    I have been thinking about choosing between EB3 and EB2. I hold a Masters degree from US and have 2 yrs of experience. I am wondering whether to go in EB3 (which is very simple and easy to get with no scrutiny - SURE TO GET APPROVED) and wait for a very long time in the queue OR go for EB2 (which is more difficult and have to pass through all the scrutiny from I-140) and then wait, whose waiting time might be lesser than EB3's

    Which one is best to do ? Your suggestions please.

    This is a wrong conventional belief. It has been far too many times written about and has now become conventional wisdom, that EB2 or EB1 is determined by the qualification of the employee.

    That is only 1 of the 2 things needed to get a case approved under EB2. The other requirement is that the job description and the position must require a person of EB2 qualifications. The position being filled by MS plus 2 years, or BS plus 5 years should be the kind of position that cannot be filled by a lesser qualified employee.

    So basically, you can be a Ph.D. from Harvard university with 10 years experience. But if your Greencard is filed for a job that requires someone with BS plus 2 years experience and can be filled by an EB3 candidate, then your case cannot be approved as EB2 even though your qualifications can make you fit for EB2.

    Now about the priority dates. See EB2 is right now ahead of EB3. However, the continuation of that is totally dependent on many factors.

    1. Future laws. What if EB2 percentages decrease?
    2. EB1 spillover. How many EB1s are unused and spill over into EB2.
    3. Your chargability, (country of birth), is ofcourse important. India and China EB2 may not be moving ahead this year AT ALL unless there is change in quota.
    4. The future applicants for EB2. We dont know about the labor files in backlog centers and how many of those are EB2 and how many are EB3. Of that, how much more crowded would be EB2 or EB3.

    It is IMPOSSIBLE to predict which one would be better off. Impossible.


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  • gc_on_demand
    10-22 01:04 PM
    I am trying to figure out the same and after rigorous communication with my lawyer and a few companies, I came to an estimate that it may take anywhere between, atleast 12-18 mnths on a thumb rule. Again, I understand its on a case by case basis.

    Reasons ::

    (1) Most of Desi companies filed under Eb2. Those are EB3 are mostly from american companies. And even if they qualified for Eb2 , companies filed for Eb3. So its any one 's guess that these companies will file new Eb2.

    (2) Process takes 12- 18 months even if companies are ready

    (3) Eb2 has tough criteria and lots of scrutiny.

    (4) Desi companies are scared to file for new Eb2 when their H1bs are under review too.

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  • stylepoet
    10-29 01:02 PM
    I can't find any reference on this forum to E2 investors. We are the skilled, motivated entrepreneurs who come here, invest heavily, employ citizens and have no path to permanent residence. Our children must return to their country of origin at age 21, regardless of how long they have lived here. We ourselves must renew our visas regularly and live in fear of denial.

    E2 investors need support in our quest for reform. Is there any room in your organization for us? We will go anywhere and do anything to raise awareness of the injustice of the current immigration laws. The DREAM Act was (thankfully) defeated yet again and should continue to be defeated until it includes all immigrant children, not just illegals.

    Those of us who come here legally should be at the top of the list when it comes to reform. Can we band together to make our voice even louder?


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  • phillyag
    07-17 07:24 PM
    I heard something to this effect. Is this correct ?

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  • Nikhil2
    02-20 03:12 PM
    Thank you both.
    I have a similar situation...


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  • sertasheep
    04-03 06:01 PM
    Latest issued I-94 card is always in force. Lets say that you went out of the country on whatever visa, and then you entered back. You'll get a I-94 at that time. (Lets call this "X")

    While you were away, its likely that you may have gotten your H1 approval. There are 2 possibilities here. You may get an I-94 stub with your H1 . Lets call this Y1.
    The other possibility is Y2- wherein you get the H1 approval, but there's no accompanying I-94.

    The important point here is when the H1 would be approved. Lets examine the situations under which you need to get a new I-94 by leaving the US and coming back:

    Situation 1) X happens, then you enter the US. Then say Y1 has happened while you were away. I-94 from Y1 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.

    Situation 2) X happens, then you enter the US. Then say Y2 has happened while you were away, or even after you enter the US. I-94 from Y2 is no longer valid. You will need a new I-94. Solution: Go out of the US, get stamp, come in with new I-94.

    The only situation wherein you don't need to go out of the country is:
    X happens, then you enter the US. After you enter the US, you get your H1 approval with a new I-94 attached.

    Confused? I'm on the west coast. you can call me at <EDIT: Removed tel. number> if you aren't clear. Remember, I'm not a immigration lawyer.

    To keep it simple: avoid going out of the country until you get your H1 approval.

    Someone else asked for lawyer's names. Admin, I'm not sure if it is against policy, but I will mention a name may edit if this is against policy.

    See the following link:

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  • quizzer
    11-01 02:38 PM

    Can this be taken up with USCIS???



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  • gc@waiting
    07-21 06:27 AM
    Does anyone have any experience with the name variations (the same old LNU/FNU stuff) leading to I485 rejection? I have the following names used in various combinations on multiple visa stampings (B, L1, H1B, H1B,H1B....).

    FNU FirstName
    FirstName LNU
    FirstName LastName(as in birth certificate)
    LNU FirstName

    My Birth certificate has the complete "firstname lastname", while the degree certificate/credentials only have the first name, the most recent I94 & 797 have the name similar to the birth certicate (SSN has FirstName LNU). I485 applied under the birth certificate name with an AFFIDAVIT as advised by my attorney explaining the confusion about the name.

    A greatly appreciate anyone shedding some light on this, thanks in advance.

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  • JunRN
    08-12 03:49 PM
    I think there are few applicants between July 4 to July 17 because this the period of limbo - no one knows what to do and waiting for the August VB. I would guess it would not even reach 10% of those who filed in July 1 to 3.

    Another guess is that the filers for July 20 to 31 are also many but not as many as July 1 to 3 filers.

    I would suspect that there will be many filers before the August 17 deadline and it could be as many as July 1 to 3 filers.


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  • gcForV
    07-13 12:35 PM
    Do not start new thread to respond back or add to what gc_hoga_re has said. His post was offensive to members and detrimental to the organization.

    That thread is now closed and gc_hoga_re has been banned.

    To those who dont like censorship and moderation of forums:

    Immigration Voice neither promises nor practices "Free speech" and "First amendment rights" claimed by members who dont like moderation and censorship.

    We are an organization for Greencard backlogs advocacy, not civil rights like First amendment rights and free speech. In order to worship civil rights like free speech and first amendment rights, please join the ACLU (

    Also, Immigration Voice is in its full rights to censor its own site as the site is owned by organization and it is not a public property. Your first amendment rights to "Say whatever you feel like" are guaranteed by the constitution to protect you from congress passing laws that can take away those rights. The constitutional rights dont guarantee you the right to say whatever you want on other citizen's/organization's property/website/domain. So please do not come back to preach the US constitution to the core group. There are thousands of blogs, sites and discussion forums that practice much higher level of censorship. The only way to guarantee the retention of online material is to start your own website and we encourage members who find Immigration Voice as a "Restrictive" or "Non Democratic" website to do that.

    Immigration Voice will ban users, ban posts, delete posts, close threads and remove material that is detrimental to the organization.

    Also, gc_hoga_re has been banned for posting offensive material.
    Wow Wow Wow.
    Watch out..Before typing think.
    You are the Administrator of the site!!!
    I do understand the wild posts though

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  • GCcomesoon
    01-03 02:57 PM

    Seriously , its only the PD which counts , so in this case the one with earliest PD should get his approval first, but sometimes ( sorry many a times ) USCIS has its own ways of doing things,so It can go the other wat too

    I hope this answers your question



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  • sidd_k2002
    03-24 07:30 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
    Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?

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    07-15 11:49 AM
    The only way to go for Premium processing of 140, is to extend H1 beyond 6 of current regulations. So in your case, if you are still around 5 yrs of H1. that would be the solid case, to opt for PP of 140 and h1 ext. So that, your case can have few updates.

    This is only my understanding.. I am not a lawyer. I know the pain of Backlog center delays, as my case was there since 09/03 till 05/07. I respect your concern and hopefully u guys are taken care.


    My husband's GC priority date is EB2 Dec 2003, but I-140 is still pending. We applied for I-140 and I-485 in Nov 2007 after labor was stuck in backlog centers for 4 years.

    We are done with finger prints few months ago. No updates on I-140 or I-485s after that.

    Is it useful if we take Info pass appintment in this case and enquire about our case status?

    Why not USCIS offer I-140 premium processing for older priority dates?

    Can I-485 be pre-adjudicated even if I-140 is pending?.

    Appreciate any information. Thanks.


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  • mk26
    05-14 10:10 AM
    Howard County

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  • pappu
    07-02 09:39 AM
    I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.
    Once you go out of the country without filing 485 or getting EAD after 485. Your 140 and LC is still valid (provided the employer has not cancelled it). If the job and position for you still exists in the company (and the company wants you for employment), you can file 485 from anywhere and go for councellor processing.

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  • bogy
    05-25 01:31 AM
    Hi Guys

    I am on H1B, just filed my GC. I am planning to do a masters degree (i am a B.E now). Any suggestions? I was looking at walden university for online programs. are they any good? Is it worth the money spent??

    Thanks! :)

    10-15 12:41 PM
    I went to DMV in NJ with my EAD. They will give you the DL based on your EAD date.
    don't worry about the H1 satus. DMV only check the document and enter the number in system. I hope this won't do anything to your satus. As i know.
    Since i haven't received my H1 approval, i got to use the EAD in my case.


    09-22 04:35 PM
    EB2- July 2004, I140-I485 applied in August 2007, recently laid off.

    The company is keeping me on the payroll till end of october. I have not received my EAD yet and it hasnt been 6 months since I applied for I140/I48. I am already on an yearly H-1b extension which expires first week of January 2008.

    What are my options? Does the company have an obligation to cancel the I140 process after the person is laid off? Are there any risks involved for the company?

    Thanks for the help.

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