bugsbunny
05-03 12:46 PM
Hi, all:
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
I have a few questions regarding changing job, if anyone knows it , please reply to me. My current situation is:
(1). I-485 was sumitted on 07/2007 and it is still pending. EB3 category.
(2). EAD card valid until 10/2012.
(3). H1-B visa valid until 03/2012 through my current employer.
I find another job which similar to what I-140 describes. But this new employer is a job agency and unwilling to tranfer my H1-B visa. It wants me to work on my EAD card on 1099 form.
So, my questions are:
(1). Will it be problem if I work as independent contractor on 1099 form not W2 form?
i think you can do this on EAD but confirm with and immigration attorney
(2). Is there any problem to new my EAD card since I lost my H1-B visa?
you can work on EAD without H1B but you will be carrying more risk
(3). Do I need to inform INS about this job changing? If so, what docuements I need to submit?
Yes you should file AC 21 related forms and supporting documents. your new job should be in "same or similar" category as you GC job as defined by dept. of labor job codes and descriptions.
BTW its not INS anymore its USCIS
(4). What if my current employer revoke my I - 140, does that mean my GC will be denied? what should I do if I want to keep legal?
Make sure you obtain a copy of your approved I-140. If your current employer revokes it, USCIS might send you a RFE or NOID and you will need to respond with letter of employment from the new employer and submit supporting documentation that your I-140 was already approved and that your new job is similar to the old one.
Thanks.
Bruce
see answers inline
you can also ask your questions during the free weekly attorney calls we have on thursdays
wallpaper Table with bowl of apples
rameshvaid
04-21 06:27 PM
Gurus,
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul.
This is the most shocking of the threads, I have ever read. I know it needs lot of courage to go through what you are going through. MAY GOD BLESS you with a long life and gives courage and wisdom to your family. Getting another opinion from a reputed hospital should be your top most priority. MUST GET SECOND OPINION. Miracles do happen. A friend of mine survived for almost 12 years after the doctors told him 6 months.
I will keep you in my daily prayers and I AM SURE with so many hands folded in prayers for you, GOD will have to SHOWER with his choicest blessings and MAY YOU LIVE LONG.
Contact the IO diectly with all the medical documents and I am sure they are HUMAN too and some one will definately be there for you to help.
I am out of words and do not know as to how I can be of any help to YOU and YOUR family. PLS. do not hesitate to contact me.
GOD BLESS..
Ramesh
P.S: CAN SENIOR IV MEMBERS TAKE UP HIS CASE AND TALK TO A SENIOR OFFICER AT USCIS
I have a unique position. couple of weeks back I was told that have fatal cancer and won't live pass 4-6 months. After recovering from initial shock I am wondering if my wife will be able to continue her american dream or she will have to head home after me.
I have filed 485 with approved 140 back in june, 2007 with PD of March, 2003
Please help.
Mehul
Dear Mehul.
This is the most shocking of the threads, I have ever read. I know it needs lot of courage to go through what you are going through. MAY GOD BLESS you with a long life and gives courage and wisdom to your family. Getting another opinion from a reputed hospital should be your top most priority. MUST GET SECOND OPINION. Miracles do happen. A friend of mine survived for almost 12 years after the doctors told him 6 months.
I will keep you in my daily prayers and I AM SURE with so many hands folded in prayers for you, GOD will have to SHOWER with his choicest blessings and MAY YOU LIVE LONG.
Contact the IO diectly with all the medical documents and I am sure they are HUMAN too and some one will definately be there for you to help.
I am out of words and do not know as to how I can be of any help to YOU and YOUR family. PLS. do not hesitate to contact me.
GOD BLESS..
Ramesh
P.S: CAN SENIOR IV MEMBERS TAKE UP HIS CASE AND TALK TO A SENIOR OFFICER AT USCIS
sanz
04-16 12:58 PM
nice work digging old threads
2011 Boy carrying a crate of apples
gccovet
02-10 02:53 PM
Hi GCCovet,
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
Thank you Sanjay!!!
With Sanjay's additional contribution as promised, we are now at $1169.00
Thank you to all who have contributed so far... and a request to those who have not contributed yet, to please contribute.
Thank you all.
GCCovet
As promised, I am contributing another $25.00 as $1000.00 has crossed.
I will again donate another $25 when we cross $2000.00
Details:
--------
Payment Sent (Unique Transaction ID #3LK7417540480844L)
Total:$25.00 USD
Date:Feb. 10, 2009
Time:11:23:38 PST
Status:Completed
Subject:Immigration Voice
Method: PayPal
Thank you Sanjay!!!
With Sanjay's additional contribution as promised, we are now at $1169.00
Thank you to all who have contributed so far... and a request to those who have not contributed yet, to please contribute.
Thank you all.
GCCovet
more...
eb3_nepa
07-06 09:44 AM
DEAD FISH DEAD FISH!! :p
diptam
06-22 01:50 PM
Please keep us posted how you managed your employer...
I laid out my plan above but yet to execute that :)
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
I laid out my plan above but yet to execute that :)
My situation is similar too.
The employer is not ready to file the 485, thinking that I may leave the company after 6 months.
I have the I-140 receipt notice , but no approval notice.
There is no way he is going to issue a employment letter , still debating my options.
more...
danu2007
07-09 06:50 PM
mcuban@hd.net,
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
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Cash@foxnews.com,
Cavuto@foxnews.com,
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Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
letters@msnbc.com
wnelson@hd.net,
nytnews@nytimes.com,
news-tips@nytimes.com,
washington@nytimes.com,
AmericasNewsroom@foxnews.com,
satya.prakash@hindustantimes.com,
pmagazine@hindustantimes.com,
aditya.ghosh@hindustantimes.com,
Fatherjonathan@foxnews.com,
Drmanny@foxnews.com,
Beltway@foxnews.com,
Myword@foxnews.com,
Bigstory-weekend@foxnews.com,
Bigstoryweekend@foxnews.com,
Bullsandbears@foxnews.com,
Cash@foxnews.com,
Cavuto@foxnews.com,
Fncimag@foxnews.com,
Forbes@foxnews.com,
Friends@foxnews.com,
Feedback@foxnews.com,
Jamie@foxnews.com,
Fncspecials@foxnews.com,
FNS@foxnews.com,
Newswatch@foxnews.com,
Foxreport@foxnews.com,
Atlarge@foxnews.com,
Heartland@foxnews.com,
JER@foxnews.com,
Lineup@foxnews.com,
Ontherecord@foxnews.com,
Oreilly@foxnews.com,
Redeye@foxnews.com,
Special@foxnews.com,
Studiob@foxnews.com,
Hemmer@foxnews.com,
Colonelscorner@foxnews.com,
Housecall@foxnews.com,
Hannity@foxnews.com,
Colmes@foxnews.com,
Letters@newsweek.com,
Customer.Care@newsweek.com,
viewerservices@msnbc.com,
today@nbc.com,
wt@nbc.com,
mtp@nbc.com,
abc.news.magazines@abc.com,
letters@msnbc.com
2010 Close-up of apples in a row
deepak
09-10 09:32 PM
Deepak,
You are very practical and have excellent points.
Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.
I am becoming a donor for the following reasons -
1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
2. It is not free to get anything done in the commercial capital of the planet
3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.
Wish us luck and my best to everyone in all their endeavors.
All the best to all of us. The only way we can make our way out of this mess is by sticking together and helping each other out. IV is doing a good job of rallying everyone around and I think all things considered we are doing a good job of doing the best we can.
You are very practical and have excellent points.
Sometimes, ppl do get carried away by their passion (height of desperation if one looks at it another angle). We have to accommodate folks that cannot have a nonchalant attitude towards Immigration. Just like health care, GC stirs up our deepest and strongest emotions. For many, GC is an all-or-nothing proposition (again let's not fret about why it might be so, because they might have their own good reasons). Regardless, i agree with you completely, civility should not be lost. We have a broken Immigration system - all i care is how to fix it.
I am becoming a donor for the following reasons -
1. It is better to be informed and be involved rather than be "out of the loop" or in the dark
2. It is not free to get anything done in the commercial capital of the planet
3. Selfish motivation - life is short. i would like to see the end of this struggle as soon as i can. personally, cannot be a mute spectator esp. when i see someone else fighting for MY cause and I being fortunate to lend a helping hand
4. Altruistic motivation - gives some meaning to life whether we get anything done or not at the end of the day. if successful, would have the satisfaction of being part of the solution - the intangible benefits of that feeling is unexplainable.
Wish us luck and my best to everyone in all their endeavors.
All the best to all of us. The only way we can make our way out of this mess is by sticking together and helping each other out. IV is doing a good job of rallying everyone around and I think all things considered we are doing a good job of doing the best we can.
more...
sunny1000
12-15 11:26 PM
See the answers and hope my answers do not depress you.
I don't know why what (s)he has done to India or U.S or any other place should be any of our business? What has that got to do with his/her depression about not receiving GC? Why is that as soon as someone poses a simple question, people tend to get on the moral high-horse? BTW, the poster never said (s)he is going back yet.
2: just don't lose hope. Your day in the sun will come. I am kinda in the similar situation as you are too (came in 1999, PD of 2002, was in the labor backlog for 5 years...). Just keep your chin up. As someone else said, you are getting closer to your GC.
I don't know why what (s)he has done to India or U.S or any other place should be any of our business? What has that got to do with his/her depression about not receiving GC? Why is that as soon as someone poses a simple question, people tend to get on the moral high-horse? BTW, the poster never said (s)he is going back yet.
2: just don't lose hope. Your day in the sun will come. I am kinda in the similar situation as you are too (came in 1999, PD of 2002, was in the labor backlog for 5 years...). Just keep your chin up. As someone else said, you are getting closer to your GC.
hair The Plate of Apples
slowwin
01-30 05:33 PM
Guys,
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
as long as there is a leeway, people do tend to take the maximum advantage of that leeway. this applies in life in every aspect. OP did the same.
being moral or ethical is not the criterion here I guess, otherwise we would all have (I,C) have been current ( if no labor subs, eb3 to eb2 conversions etc).
I feel bad too, seeing some one who landed on H1B in 2006 , got hold of a 2002 labor sub. and is enjoying GC right now(thanks to July 2007 fiasco)., and for crying out loud I have been in USA since 2001, went to school here, is working in a physical science research position, have one patent and filed for 2 more.
I consider myself to have contributed to the USA, more than the guy I gave an example of (in terms of taxes, tuition, original research, etc). But does that all matter to the other guy, when he did what he did.
that is life :D
more...
immm
07-02 04:16 PM
Mine delivered 9:00 AM via Fedex shipped on 6/30 lets see what others have i did it on saturday late evening.
What address did you use to send the I-485 using FedEx or UPS?I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
What address did you use to send the I-485 using FedEx or UPS?I sent it to the PO Box address:
USCIS Nebraska Service Center
P.O. Box 87485
Lincoln, NE 68501-7485
I did not know that FedEx/UPS could deliver to PO boxes and that you would have a person receiving and signing for it???
TIA
hot holding basket of apples
sanjayc
08-18 08:41 PM
Applied for EAD on 24 July 2008, recd today. Valid for 2 years from the date of approval. Though lost almost 2 months on the previous EAD.
Mine AOS is EB2 - PD Aug 2006
Mine AOS is EB2 - PD Aug 2006
more...
house Dish Of Apples (1875-1876)
h1techSlave
04-29 10:59 PM
H1B quotas for 2001, 2002 and 2003 were 195000. Three times the norm. This could be the reason they quotas were not met during those years. Sure market conditions also helped.
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
I thinks EB3 INDIA will move between 9/11/2001 to JAN 2004 , because after 9/11 probably few people applied for GreenCrd because of market condition, even h1b quotas are not used for 2002 and 2003, i applied for h1b on 2004 April , no surprise the quota available because of market condition.
tattoo holding basket of apples
abhijitp
01-24 08:01 PM
People spending time on this thread, why not spend 5 minutes to print and sign a letter, then spend 82c and mail one copy each to USCIS and IV.
Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
Do you not like the idea of 3 year long EAD's and more job portability which will come from a revised definition of "same or similar" job description??
more...
pictures Life with Basket of Apples
amitjoey
11-18 10:05 AM
We need 3-4000 people viewing this thread and sending emails.
dresses holding a basket of apples
chand11
08-22 10:30 AM
Here is the details:
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
PD: Feb 16, 06
I-485 Applied: Aug 9, 07
I-485 Received by TSC: Aug 10, 07
I-485 Notice Date: Oct 3, 07
Case Transferred to NSC: January 2008
Soft LUD: July 28, 2009 (probably pre-adjudicated)
Opened SR: Aug 2, 2010
Response to SR: Aug 4, 2010 ( SR was routed to Boson regional center and they provided no useful info - case is being reviewed and NSC and as of May 2010 it was with pre-adjudication department)
Opened another SR (dependent): Aug 10, 2010 (no reply yet)
Received SMS on case update: Aug 18, 2010 at 9:48 PM (case status changed to Decision)
Card production ordered: Aug 19, 2010 (SMS alert at 3:33 PM)
Another soft LUD: Aug 20, 2010
Yet to receive Notice of Action, Welcome Notice or actual card. I changed job twice on EAD once in June 2008 and again Nov 2009. Never filed AC-21.
more...
makeup Basket of apples
desi3933
07-09 01:48 PM
Yes, that is understood.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
The AC-21 job offer must be full-time and permanent.
.
The question is if one has worked as a contractor and got a employment RFE and the company provided a letter stating a full time consultant job, has USCIS rejected such a response?
The AC-21 job offer must be full-time and permanent.
.
girlfriend Man carrying basket of apples
hindu_king
05-08 03:17 PM
I dont believe in flower/food/sos campaigns to resolve this problem...just because it worked once before doesnt mean it is going to work again..have we pursued a class action lawsuit against Department of State/Labor/USCIS for unlawful discrimination based on the country of birth in Employment Based Visas. Any idea if IV core ever took up this path? Can we attempt to do this? What are the costs involved and can we get some good lawyer representation to this goal?
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
Absolutely we should do it. It's going to be expensive but we should at least try to talk to a lawyer first and find out if this is winnable. Lawyers can quickly examine (for some hourly fee) and determine if indeed these Country Caps are a violation of US discrimination laws. If Lawyer says we got a point to argue then we can ask the lawyer what the costs are going to be to bring the lawsuit. Thats part 2 and thats a different story. If it's going to cost something like a 100,000 dollars, we can try to raise the money somehow. or maybe we can make it part of the law suit that if we win the case, the losing party will pay the legal fees. we need to talk to lawyers first about this issue and we can do it individually.
hairstyles Girl carrying bucket of apples
smisachu
10-08 06:28 PM
Bump
pa_arora
06-22 05:16 PM
Get on with sweet talks with him, do whatever he tells u to do (like sign a contract, pay ur GC cost etc). After filing u have an option to change the employer after 6 months and then no employment bond works. He will just ask for money when ur leaving him and if he doesnt give ur salary, talk to him polietly and mention the words 'Dept of Labor' in your conversation.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
BTW, I got my wife salary from her employer and one of my friend was also 'bonded' ..got rid of his employer too ...using those words.
My employer is desi consultant too and is very good in such matters, quite helpful. I would recommend him to anyone. Most desi consultants are blood suckers but not all.
Good luck.
manishs7
09-24 04:54 PM
Consider the scenario:
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
Two guys (A and B) come to US in 2005, both do not have MS and experience less than 5 years. Therefore both not elligible for EB2 on 2005. They are from a retrogressed country.
A does MS and joins job in 2007, becomes eligible for EB2 and files GC on 2007.
B joins a job on 2005 that do not need MS and experience and files for EB3.
Till 2010 both of them did not get GC. But B crossed 5 years of experience and from EB3 to EB2. Now B's priority date is 2005, although he was not elligible for EB2 at that time.
Although A was elligible for EB2 in 2007 earlier than B (2010), A is pushed behind B.
SHould it be acceptable to people like A? And there is not one or two pleale like B, thousands arer doing that?
If you see my priority date you will understand I am not saying this for myself. I have a bro and friends who are facing this isssue.
Therefore EB2s who are from mid 2006 onwards will really get pushed back..
I see this porting simillar to the labor substitition.. Till it was in place it was legal although thousands bought labors and that is one main reason EB2 had retrogressed back to 2000. I predict simillar thing is happending again, people are paying money to the desi employers to file perm in EB2 again pretty soon same tertrogression will happen to EB2 I if any urgent action is not taken.
I hace passed this stage.. now its for you all to decide..
Mr RSharama, it's 'A's ignorance of the process. He should be aware at the time of starting the Masters that GC is based on the position in the queue ( no body's gives a rat's if the person in front of you is a retard). Porting was legal in 2005 and it is now. there is no change in Law.
You can't compare porting with labor substitution. For porting, you have to go through the complete process and not just throw some dollars.
Same logic applies to people who say "I was eligible to file for EB2, but my employer/lawyer forced me to file on EB3".
It's the ignorance of process, if you are eligible for EB2 .. go join any other company.. it's America .. for God's sake..
If it doesn't suit me it's injustice.
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