sanju
09-09 12:11 PM
On your previous post you mention about salary hike and %ges...can you please clarify if a person continues to work for same employer (who filed PERM and 140) and salary hike is (base salary or bonus) 10% or more per year and AOS application process takes 2-3 years (so, total 30% difference in 3 years)...is that a negative on your application? or can it be a reason for denial?
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
Thanks
Rahul
This is an excellent question Rahul. I have tried my best to find a definitive answer to this question. Different experts/lawyers have given different answer to this question. So I am not sure if salary hike at the same employer would hurt AOS application in anyway. On the face of it, it should be a no brainier and we would like to hear that. Most of the times, we all want to hear our lawyer give us a specific reply, so even if they lawyer is telling us something which doesn't directly imply what we want to hear, we still think that that the lawyer is telling us what we wanted to hear - "selective hearing".
But some lawyers have told me that substantial salary increase (30% in 3 years can be seen as substantial) could be a problem at USCIS. They could argue that the job/job requirement/job responsibilities have changed substantially as there is a substantial change in the wage rate offered. So it’s a grey area. In effect, system is designed to keep us where we are till the time the green card petition is approved. I realize that this doesn't provide a definitive answer to your question and sorry about that, but this is as much as I could find out about the specific question.
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realizeit
02-11 10:34 AM
I personally think Mr. MPADAPA's assumption is wrong. Last year (2008), the spillover came from Family quota of 2008. Spillover from Family or Employment quota of a particular year cannot be given to the following year. So the fact that there is nothing left from the family quota of 2008 doesn't change any situation here.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
So, this year the spillover that Employment category can get from Family quota will be the unused numbers of 2009 Family quota.
This is just my thought!
DOS recently released the visa usage statistics for FY 2008 (http://www.travel.state.gov/pdf/FY08-AR-TableV.pdf). For once USCIS managed to use up all the visas allocated for the year. Kudos to USCIS :D But it comes with a price for EB folks. For the past few years, forward movement of PD during the last months of the FY has been propelled due to the spillover of unused FB visa's from prior year. Remember last year almost 23k FB visas got spilled over to the EB limit and caused significant forward movement of PD's for EB2 I/C. Unfortunately in 2008 USCIS used up all of the FB visa's, hence there will be no visa's to spillover:mad: I had consolidated the visa usages in the past few years, Here is a link to the document (http://spreadsheets.google.com/ccc?key=p_liYSUcqZRXA9OjuWUNRag&hl=en). The document has hyper link to the source for all the data.
If you are EB3 I/C and wondering why dates didn't move in 2008. Here is the answer,
EB3-C and EB3-I got 1,985 and 3,576 visa's respectively. With such kind of visa allocation there is no doubt about why the dates aren't moving.
If you are EB2 I/C and dreaming that somehow the new spillover would take care of things. You might be pleasantly surprised by the usage of EB1 and EB2-ROW in 2008. Last year many were dreaming that all of the 23K FB visa's would directly go to EB2-I/C but the data shows otherwise. EB2-C and EB-I got 6,967 and 14,819 visa's respectively for the entire 2008. If all the 23K visa's were used by EB2-I/C then their respective numbers would have been much higher.
Bottom line: Without significant change in the EB limit through recapture or increase in EB limit. The forward movement of PD will be a trickle atleast for the rest of the year. We can pray and do whatever before every bulletins, but the numbers cannot lie and hence the bulletins would be a disappointment (for many) until we grasp the reality.
Let us get our acts together and start working together towards some constructive actions like a bill or an amendment. Let us have a healthy debate on what needs to be done.
shiankuraaf
11-25 12:50 PM
Great Job..... I am eagerly looking for the release of the BL report.
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acecupid
06-29 12:22 AM
This thread makes no sense... everyone is out to sell each other out. Why would anyone want to wait. Besides, do you think 100% of applicants are on IV and agree to file late? Utter nonsense... People who have their applications ready should apply on July 1st.:D
more...
rajakannan
06-27 08:43 AM
Hi Rajakannan:
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.
You fall under either of the following two.
Positive thinking: You are a Gandhi
Realistic Thinking: You are smart .
Smart enough to mislead the crowd to postpone, so that you would get atleast yoursdone.
Man: be realistic.. people are waiting for four years like fools,, as of today there is no difference between 2003 Sept PD or 2007 May PD..
I donot even understand, how you can think like this...
Please donot open thiskind of discussion, people have better things to do in life than reading this..
Myself: I donot even waste a single min on this kind of threads, just wanted to request you to be more realistic...
BTW: can you post your PD details...
best wishes.
I don't have the necessity to postpone I have filed mine long time back. Iam glasd Atleast 40% agrees to my idea who care about others .. i just need 20% more to get the majority :cool: I would appreciate if we can all focus on the real problem rather than individuals.
willigetagc
07-26 03:15 PM
F5 ? I dont see that on my keyboard. I remember it had one before, but it must have fallen off after the recent F5 marathon. :)
more...
yabadaba
05-22 03:43 PM
Well they will easily find out from your SSN number if one is on payroll or not. I am seriously looking into this matter of getting illegal and many of my friends agree. Once the bill passes in its current form we should get advise from a good lawyer to convert status from legal to illegal. It sounds so insane when I say changing for legal to illegal..but that is the hit thing these days.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
thats why i ll be illegal right? not on the books....1500 is a steal compared to the amount u d pay the uscis for filling fees etc. keep renewing the z visa indefinately.
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gagbag
07-04 03:46 PM
Legal: $2000
Medical: $450
Shipping: $50
Birth Certificate: $50
Photos: $50
Photocopy+ Printing: $20
Gas: $30
-------------------------
$ 2650 in Total
-------------------------
Medical: $450
Shipping: $50
Birth Certificate: $50
Photos: $50
Photocopy+ Printing: $20
Gas: $30
-------------------------
$ 2650 in Total
-------------------------
more...
ndny
07-25 02:32 PM
go to top ..please
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fightretro
04-01 06:21 PM
Sent fax # 10 and 11
more...
ramus
05-29 05:25 PM
Its all valid if CIR doesn't become law in current form... To oppose this we need to send web-fax /send fund and invite our all friends..
Once you done with web-fax please update web-fax thread with your comment..
Thank you so much.
Sorry if this is a stupid question, I am a new member
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
Once you done with web-fax please update web-fax thread with your comment..
Thank you so much.
Sorry if this is a stupid question, I am a new member
My PD is 02/01/2005, my labour cert got approved in 03/01/2006,
I applied EB3 I40 on 05/18/2007 and got approved on 05/23/2007
Considering the scenario is my I140 invalid?
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ssnd03
07-17 11:21 AM
I am not sure either way, however I have heard the FBI comment that they only flag a small fraction of cases. IF that is true, then the USCIS may just be using the FBI as an excuse.
jasquil
Well according to NSC they have completed processing of I485s upto Aug 2006 RD. They take only one year (and often less) to process I485s.
Pending I485s with earlier RDs are due to two reasons 1) retrogression and/or 2) FBI namecheck incomplete.
However, restrogression cannot cause wasted annual visa numbers. But FBI delays does. I doubt USCIS is passing the buck to FBI. It is a fact.
If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.
jasquil
Well according to NSC they have completed processing of I485s upto Aug 2006 RD. They take only one year (and often less) to process I485s.
Pending I485s with earlier RDs are due to two reasons 1) retrogression and/or 2) FBI namecheck incomplete.
However, restrogression cannot cause wasted annual visa numbers. But FBI delays does. I doubt USCIS is passing the buck to FBI. It is a fact.
If USCIS wastes about 10K-20K visa numbers every year, then they are wasting about 10% every year. This 10% is consistent with the amount FBI name-check backlogs.
more...
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zoozee
08-28 03:52 PM
where are you planning to stay?
Zoozee,
Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?
Zoozee,
Even I'm flying from San Jose airport on Monday evening.My flight is at 6:30 pm (AA airlines). Can you tell me about your flight schedule?
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gmatch
12-13 03:56 PM
It is not that i have full basket of apples now... my previous 2-employers promised me to start labor...but they did not do it..even i sent my docs 2-times to the previous employer ..but they gave lie assurances & very dumb...so i have lost my 2.5 years just waiting on their promises...& nothing got.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
Finally, I made up my mind ...either to get it on fast track OR leave this option... forever.
I don't see anything wrong in it...as the previous person already left that labor unused... & employer needs those skills..which he found in me.
more...
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tcsonly
01-04 10:57 AM
I think all 3 of them (Husband & 2 wives) should apply for their own H1B's and make it here and then apply for separate GC's.
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JunRN
08-13 10:44 PM
Is it possible to second file I-485 using a different I-140 as basis?
more...
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DDash
01-11 03:30 PM
Dont worry...we are not alone. Infact, we (I and my wife) are going through this phase as we speak.
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
1) As someone else pointed group insurance is the best option so far in my research.
2)** Chk out this site: http://www.aim.ca.gov/english/costs.html I am planning to apply soon hoping that we will qualify
3) Call a OBGYN and tell them that you dont have insurance, generally they will suggest a community center kind of a place where you can get started with prenatal care, such as re-confirmation, ultrascan etc
4) Call the hospital for the payment plan and get into it.
Good luck to us.
**EDIT: Point 2 is for CA residents only.
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burnt
12-19 04:22 PM
If I try to use my AC21 then does title matter?
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
Gurus please help
Iad
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
Example:
new offer has a title of "Lead software engineer".Current position is "Systems
Engineer".
Gurus please help
Iad
As per my understanding, The job duties should match your LC(Though position might be slightly different.), make sure that your Job Duties are Similar
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pady
08-05 02:41 PM
My EAD is pending in NSC for almost 2 months, Filed on June 9th (Efile), got fingerprint notice in June 3d week, done on Jul 8th. Nothing happened after that.
Since my dates are current (EB2 I, June 2005), I am just thinking they MAY aprove my 485 instead of EAD. Just a thought. What do you guys say?
Since my dates are current (EB2 I, June 2005), I am just thinking they MAY aprove my 485 instead of EAD. Just a thought. What do you guys say?
GC_Wait2002
05-14 11:11 AM
Hi Folks,
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
Here is my situation.
My current working company - EB2- August 2002 - 140 is under processing....
(receipt date for 140 is October 2007)
(thanks to labor backlog center :mad: got stuck in backlog center for 5 years)
With my friend's company - EB3 - April 2004 - 140 is under processing....
(receipt date for 140 is July 2007) 485, EAD, AP filed and got them also.
What all the options I have now? Which one will be better assuming both 140 gets approved.
Thanks
repy_ram
06-24 01:25 PM
Got the following email from USCIS.
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 22, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
At last after waiting for 5 long years got my GC approved on 22 Jun07!!
Don't want anybody to be stuck in the process for 5-10 years. Will be supporting this team till we reach our goals. And I really hope we do..
Thanks to IV & all my friends over here, for keeping me sane during this time :)
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Card production ordered.
On June 22, 2007, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service. You can also receive automatic e-mail updates as we process your case. Just follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
At last after waiting for 5 long years got my GC approved on 22 Jun07!!
Don't want anybody to be stuck in the process for 5-10 years. Will be supporting this team till we reach our goals. And I really hope we do..
Thanks to IV & all my friends over here, for keeping me sane during this time :)
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