wellwishergc
02-24 02:35 PM
Pages 245 and 246 includes recapture clause
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
From a quick glance, I see all the provisions talked about in various bills for EB category except for recapture of unused visas. Very broad markup.
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Green_Print
07-11 03:00 AM
I saw posts of several members extremely skeptical of the whole idea, even went on calling it stupid, crazy and useless. Some made mockery suggesting sending dead fish etc. I don't see any more posts from them.
Keeping mum now are we, eh?:rolleyes:
Keeping mum now are we, eh?:rolleyes:
desi3933
08-21 10:33 AM
We should write a letter to USCIS director & DOS(Oppenheim) copying Rep Lofgren etc. basically the content should say that any unused visa should be given to the oldest PD irrespective of Country/Category...
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
>> any unused visa should be given to the oldest PD irrespective of Country/Category...
What is the legal basis to back this claim? Probably this should be included in the letter as well.
_____________________________________________
Proud to be an Indian-American and Legal Immigrant
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eb_retrogession
01-17 10:01 AM
An article in news talking about immigrtion reform bill:
http://www.bizjournals.com/houston/stories/2006/01/16/focus5.html?from_rss=1
The gist of it below:
Employers concerned about access to foreign-born talent at the higher-skill end of the scale may also find that the New Year brings good news, of a sort. If the border security and guest worker issues are dealt with early in the year, some in Congress are evidently preparing to try and "fix" the employment-based immigration system, originally designed in 1952, which has become close to unworkable.
However, a Congress fractured on immigration policy most likely lacks the political will to fully reengineer the system. Instead of a major renovation to make the U.S. competitive in the global market for highly skilled talent, there probably will be only the usual technical fixes around the edges.
Good post.
We need to be prepared whenever they decide to work on this. Our involvement may make a huge differecce with the "fixes". The can't fix anything unless they understand what needs to be fixed. We need to start educating the lawmakers.
http://www.bizjournals.com/houston/stories/2006/01/16/focus5.html?from_rss=1
The gist of it below:
Employers concerned about access to foreign-born talent at the higher-skill end of the scale may also find that the New Year brings good news, of a sort. If the border security and guest worker issues are dealt with early in the year, some in Congress are evidently preparing to try and "fix" the employment-based immigration system, originally designed in 1952, which has become close to unworkable.
However, a Congress fractured on immigration policy most likely lacks the political will to fully reengineer the system. Instead of a major renovation to make the U.S. competitive in the global market for highly skilled talent, there probably will be only the usual technical fixes around the edges.
Good post.
We need to be prepared whenever they decide to work on this. Our involvement may make a huge differecce with the "fixes". The can't fix anything unless they understand what needs to be fixed. We need to start educating the lawmakers.
more...
trramesh
01-06 07:06 AM
I think the thread is perfectly valid and we should go for it. If someone has paid income taxes to US for 10 years, it is no mean thing. 10 years represent typcially about 25% of his/her earning life. After spending substantial percentage of one's life living in, and making contributions to, US, especially in his/her youth, the guy is more naturalised except that he does not have a citizenship card. Now how many of these guys will be able to slip back in to their own country to readjust their lives with american born and american grown kids.
I think it is not only reasonable but also humane for the government to consider the plight of such people and issue citizenship. The yardstick for qualification will have to be worked out, but Saralayar listed some of the valid parameters like
- 10 years working in US (legally)
- 40 points in social security
- no criminal record
If I may share my thoughts on yardstick, it would be like this
- 7 years of legal residence, contributions to SSN, and taxes should provide provisional GC
- 10 years of legal residence, contributions to SSN, and taxes should provide citizenship
- 7 years of legal residence post approved I-140 should provide citizenship
Most of us in this forum must have already contributed over 75K-100K to IRS over the years. I strongly believe that the govt owes more than an obligation to take care of the interests of this skilled group.
rgds,
rammy
I think it is not only reasonable but also humane for the government to consider the plight of such people and issue citizenship. The yardstick for qualification will have to be worked out, but Saralayar listed some of the valid parameters like
- 10 years working in US (legally)
- 40 points in social security
- no criminal record
If I may share my thoughts on yardstick, it would be like this
- 7 years of legal residence, contributions to SSN, and taxes should provide provisional GC
- 10 years of legal residence, contributions to SSN, and taxes should provide citizenship
- 7 years of legal residence post approved I-140 should provide citizenship
Most of us in this forum must have already contributed over 75K-100K to IRS over the years. I strongly believe that the govt owes more than an obligation to take care of the interests of this skilled group.
rgds,
rammy
eager_immi
06-25 07:48 AM
Technicaly you should possess only one I-94. So when USCIS asks for a copy you should submit only the latest. If you submit extra copies you will create more confusion why you possess more than one I-94. My advice just send them the one that is valid and latest. USCIS can determine you live in this country legally from your records including ur passport, I-797, I-20 past EADS etc.
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
I-94s are submitted at the airport when you leave the country. In many cases there are no I-94s coz they have been submitted and no one thought of making copies of them before travelling out of country. I am sure I dont have all the I-94s that I ever used. I submitted them at the airport when I went out and didnt make copies.
I think it must be ok if you dont have all of them. Can anyone advise if that's the case?
more...
fatjoe
10-12 01:41 PM
Hi Kewl:
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
Thanks for you encouraging email. My senator's rep. said that my case was assigned to an IO on Sep 21st. Are you sure that it takes 10-30 days(only) once the app is with an IO? May I know how are you so sure about this? Did any NCS rep tell you this time-frame? I only hope what you said comes true.
Also, I have sent 7001 late last week. Is there a # to contact obmudsman's?
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Saralayar
09-23 09:08 PM
how many visas are allocated every year per country, per preference ? say INDIA EB3 ?
No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(
No one is answering for this question in this forum. It makes one to think that no one bothers about EB3 guys.:(
more...
tempy
09-23 02:19 PM
After little bit of "undeliverable mail" drama I got my cards in hand. Thanks IV and all others participating in these forums.
Good luck for who are still waiting!!! Your number will come pretty soon!
Thanks,
I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
My wife received here Welcome letter but I did not get one yet. Here is my timeline...
09/08/2010 - CPO emails for self and wife
09/09/2010 - Got emails updating the status to Decision for self and wife
09/10/2010 - Standard CPO email to self
09/11/2010 - Wife got the welcome letter (I-797) by USPS
09/15/2010 - CPO email to self with the new message (Document sent to address on file)
Still waiting for cards in hand.
Thanks,
Tempy
Good luck for who are still waiting!!! Your number will come pretty soon!
Thanks,
I got one more email with the update (this is third email with the same staus "CPO"). This time I have SLUD on EAD and AP also. Here is the email...
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Your Case Status: Card/ Document Production
On September 14, 2010 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service at 1-800-375-5283.
My wife received here Welcome letter but I did not get one yet. Here is my timeline...
09/08/2010 - CPO emails for self and wife
09/09/2010 - Got emails updating the status to Decision for self and wife
09/10/2010 - Standard CPO email to self
09/11/2010 - Wife got the welcome letter (I-797) by USPS
09/15/2010 - CPO email to self with the new message (Document sent to address on file)
Still waiting for cards in hand.
Thanks,
Tempy
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trueguy
08-20 01:23 PM
It looks like USCIS is interpreting the rule the way they like.
It looks to me that they have lots of pressure from big companies and they are approving their applications in Particular. e.g., EB2-I with PD of 2006 are getting approvals, however EB2-I with PD in 2004 are still waiting.
There is no FIFO here and there is no clear rule. They can do whatever they like.
I am EB3-I too, plz don't take me wrong.
It looks to me that they have lots of pressure from big companies and they are approving their applications in Particular. e.g., EB2-I with PD of 2006 are getting approvals, however EB2-I with PD in 2004 are still waiting.
There is no FIFO here and there is no clear rule. They can do whatever they like.
I am EB3-I too, plz don't take me wrong.
more...
hsbaluja
09-23 05:35 PM
I'm July 07 filer, Received Date is Oct 15 2007.
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caliguy
10-26 04:01 PM
Thanks @ fatjoe
Yeah, I know what you mean. But if one has waited for so long (13 years in my case), you want to see it in writing before you believe anything.
Yes, I will call TSC again in a couple hours.
Thanks for all the info and for all the support you have provided. Good luck to you, hopefully your spouses case will get approved soon too.
Alright, Congrats Caliguy!!!
I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
So cool down, you will get email soon.
If you are doubtful, call uscis one more time, and confirm that your case is approved.
Yeah, I know what you mean. But if one has waited for so long (13 years in my case), you want to see it in writing before you believe anything.
Yes, I will call TSC again in a couple hours.
Thanks for all the info and for all the support you have provided. Good luck to you, hopefully your spouses case will get approved soon too.
Alright, Congrats Caliguy!!!
I guess the emails and updates are sent by some kind of batch processing system. I got the email at 5:15 am, do you think that uscis guys would work that early...., duh....
So cool down, you will get email soon.
If you are doubtful, call uscis one more time, and confirm that your case is approved.
more...
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waiting4_gc
10-20 09:00 PM
I have received GC on oct 15 :)
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jsb
09-21 09:11 AM
I am also July 2nd filer with no checks being cashed yet, and no other activities around my case. What can we do when the waiting period is over 90 days???
I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
I believe, USCIS has a formal method of investigation. You or your lawyer will have to give details whatever USCIS asks for. In a normal course, this would have been done a lot sooner, but USCIS themselves admit that they are not yet finished with all July2-Aug17 receipts. Perhaps they will not entertain any formal investigations until they are done with all filings.
I am one of the July2 (J Barret, 10:25am) filers on the waiting, and I know the anxiety we all have. You can write to your Congressman, but think of how USCIS is going to respond to the intervention. They will tell that they are not yet finished with all receipts.
more...
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tikka
07-11 04:21 AM
PRLog.Org) � Furore over the recent incident involving a volte-face by two US federal agencies - the Department of State and the United States Citizenship and Immigration Service, on acceptance of Green Card applications from eager highly-skilled professionals such as engineers, scientists, computer and healthcare professionals, has reached epic proportions.
Earlier this week, the agencies involved claimed that a communication gap and an overzealous attempt at reducing backlogs caused them to use up all available Green Cards for the current fiscal year by Monday, July 2, 2007, revoking a previous press release that they would honor applications through July 2007. The resulting discontent among applicants gained significant media attention across the United States and abroad, even striking a chord in Bollywood, the world�s largest movie industry.
This week, scores of highly-skilled professionals across various ethnicities and nationalities are sending flowers to the US Citizenship and Immigration Service in a symbolic act of "Gandhiism" or Gandhigiri, to demonstrate their displeasure and to request honoring of their Green Card applications filed in July.
In response to this event, Academy Award Nominee Vidhu Vinod Chopra, who produced the run-away successes "Munna Bhai MBBS", and "Lage Raho Munna Bhai" stated, "Mahatma Gandhi has influenced several personalities, including American Civil Rights Leader Martin Luther King, Jr. These young, law-abiding professionals have set out to strive for reform the right way- the Gandhigiri way."
The theme of �Lage Raho Munna Bhai� centers on the usage of non-violent principles to win over difficult and non-co-operating entities. In the movies, character Munna Bhai wins over the tough Dr. Asthana by means of chain deliveries of flower bouquets. The sequel has revived Gandhian principles and popularized the concept of Gandhigiri- literally meaning a symbolic act of peaceful protest across South Asia and the UK.
Rajkumar Hirani, who has directed the Munna Bhai series, had this to say - "When you feel you have been wronged, you feel angry. The best way to overcome what you think is unjust, is to protest peacefully. Be nice to your opponent and let him see your point of view. My well-wishes go out to these educated, highly-skilled professionals who have abided by the law and have been eagerly waiting in line for their Green Cards for nearly ten years."
Boman Irani, who plays hardball Dr. Asthana in the popular series, shared his views � �Gandhigiri is a tool that makes your opponent see your point of view without losing your dignity. With aggression, one usually loses focus over the main issue, whereas good behavior makes the other person open up a dialogue. What�s key is to keep the efforts ongoing � Gandhigiri isn�t easy, but works in the long run!�.
The film personalities shared their solidarity with Immigration Voice, a not-for-profit group that advocates highly-skilled immigration reform.
�Expectations ran high among applicants. Highly-skilled professionals and US employers have incurred financial expenses averaging USD 3,000 or more, per family in just filing and preparation fees, not including the rush to get medical examinations completed on time, or the resulting hurry to get supporting documentation from home countries. Several applicants have had to call off vacations or business trips to be in the US to file �adjustment of status� applications as part of the final stage of the Green Card process. Some applicants or their representatives even traveled personally to Immigration Service Centers to be the first ones to submit. Not to mention the downtime that has resulted in lost productivity to several US businesses", says Aman Kapoor, of Immigration Voice. Aged parents and families in home countries were inconvenienced to source supporting documentation such as birth and baptismal certificates, all resulting in naught.
Although the ability to file for �adjustment of status� during July would not have granted the coveted Green Card, this move alone would have provided several interim benefits to qualifying applicants while waiting for their Green Cards- benefits such as the right to travel and right to work. Several applicants� spouses are highly-skilled and have been eroding their skills over the years in anticipation of a Green Card because they cannot otherwise work on dependent visas.
Also, several applicants have been subject to career stagnation over the years and this move would have provided flexibility to switch employers after 180 days of filing. Employers would have benefited from paperwork reduction as well as additional legal fees required to frequently temporary visas.
Says Kapoor, "Disconcert among highly-skilled professionals grew exponentially in the last few days. Several members, out of their own initiative decided to organize a peaceful protest in the Gandhigiri style to display their resentment.�
Dr. Emilio Gonzales, USCIS Director, announced in a press release Monday that the agency would arrange for the flowers to be sent to recuperating service personnel. In the movie, Dr. Asthana finally relents to Munna Bhai's chain flower campaign. Although, this symbolic gesture has by highly-skilled professionals has evinced a reaction from movie moguls, it is hoped that the incident will prompt real meaningful reform in the US immigration system in the days to come.
- - - - -
http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
Earlier this week, the agencies involved claimed that a communication gap and an overzealous attempt at reducing backlogs caused them to use up all available Green Cards for the current fiscal year by Monday, July 2, 2007, revoking a previous press release that they would honor applications through July 2007. The resulting discontent among applicants gained significant media attention across the United States and abroad, even striking a chord in Bollywood, the world�s largest movie industry.
This week, scores of highly-skilled professionals across various ethnicities and nationalities are sending flowers to the US Citizenship and Immigration Service in a symbolic act of "Gandhiism" or Gandhigiri, to demonstrate their displeasure and to request honoring of their Green Card applications filed in July.
In response to this event, Academy Award Nominee Vidhu Vinod Chopra, who produced the run-away successes "Munna Bhai MBBS", and "Lage Raho Munna Bhai" stated, "Mahatma Gandhi has influenced several personalities, including American Civil Rights Leader Martin Luther King, Jr. These young, law-abiding professionals have set out to strive for reform the right way- the Gandhigiri way."
The theme of �Lage Raho Munna Bhai� centers on the usage of non-violent principles to win over difficult and non-co-operating entities. In the movies, character Munna Bhai wins over the tough Dr. Asthana by means of chain deliveries of flower bouquets. The sequel has revived Gandhian principles and popularized the concept of Gandhigiri- literally meaning a symbolic act of peaceful protest across South Asia and the UK.
Rajkumar Hirani, who has directed the Munna Bhai series, had this to say - "When you feel you have been wronged, you feel angry. The best way to overcome what you think is unjust, is to protest peacefully. Be nice to your opponent and let him see your point of view. My well-wishes go out to these educated, highly-skilled professionals who have abided by the law and have been eagerly waiting in line for their Green Cards for nearly ten years."
Boman Irani, who plays hardball Dr. Asthana in the popular series, shared his views � �Gandhigiri is a tool that makes your opponent see your point of view without losing your dignity. With aggression, one usually loses focus over the main issue, whereas good behavior makes the other person open up a dialogue. What�s key is to keep the efforts ongoing � Gandhigiri isn�t easy, but works in the long run!�.
The film personalities shared their solidarity with Immigration Voice, a not-for-profit group that advocates highly-skilled immigration reform.
�Expectations ran high among applicants. Highly-skilled professionals and US employers have incurred financial expenses averaging USD 3,000 or more, per family in just filing and preparation fees, not including the rush to get medical examinations completed on time, or the resulting hurry to get supporting documentation from home countries. Several applicants have had to call off vacations or business trips to be in the US to file �adjustment of status� applications as part of the final stage of the Green Card process. Some applicants or their representatives even traveled personally to Immigration Service Centers to be the first ones to submit. Not to mention the downtime that has resulted in lost productivity to several US businesses", says Aman Kapoor, of Immigration Voice. Aged parents and families in home countries were inconvenienced to source supporting documentation such as birth and baptismal certificates, all resulting in naught.
Although the ability to file for �adjustment of status� during July would not have granted the coveted Green Card, this move alone would have provided several interim benefits to qualifying applicants while waiting for their Green Cards- benefits such as the right to travel and right to work. Several applicants� spouses are highly-skilled and have been eroding their skills over the years in anticipation of a Green Card because they cannot otherwise work on dependent visas.
Also, several applicants have been subject to career stagnation over the years and this move would have provided flexibility to switch employers after 180 days of filing. Employers would have benefited from paperwork reduction as well as additional legal fees required to frequently temporary visas.
Says Kapoor, "Disconcert among highly-skilled professionals grew exponentially in the last few days. Several members, out of their own initiative decided to organize a peaceful protest in the Gandhigiri style to display their resentment.�
Dr. Emilio Gonzales, USCIS Director, announced in a press release Monday that the agency would arrange for the flowers to be sent to recuperating service personnel. In the movie, Dr. Asthana finally relents to Munna Bhai's chain flower campaign. Although, this symbolic gesture has by highly-skilled professionals has evinced a reaction from movie moguls, it is hoped that the incident will prompt real meaningful reform in the US immigration system in the days to come.
- - - - -
http://www.prlog.org/10023531-bollywood-supports-highly-skilled-workers-green-card-concerns.html
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NKR
08-07 10:26 AM
But what if it is successful... What will happen then...
Then you will get GC faster though you had cut the GC line. What else...
Then you will get GC faster though you had cut the GC line. What else...
more...
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PD_Dec2002
06-29 04:32 PM
My receipt date is June 20 and my PD is Oct 2002. If the July visa bulletin does retrogress, will I still be affected with regards to I-765?
No. Since USCIS accepted your application when your PD was current, then you are fine.
Thanks,
Jayant
No. Since USCIS accepted your application when your PD was current, then you are fine.
Thanks,
Jayant
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09-11 08:27 PM
Called Bob Goodlatte (R-Va.)202- 225-5431 and left a VM
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walking_dude
10-29 11:18 AM
Yes, we must all understand that AC21 is not a law.
The correct way of stating it is AC21 Act of 2000, signed by Pres. Clinton is law of the land. But, that law doesn't come into effect until and unless the concerned Government department (in this case USCIS) publishes the regulations in the Federal Register. This hasn't happened so far with AC21 law, though we are approaching a decade of it's passage.
An unfortunate example I can give to illustrate the point is the U & T visas created by US Congress some years back to help victims of sexual-trafficking and domestic violence to remain in the country and adjust status to LPRs. Unfortunately for these hapless victims, they couldn't get the benefit of these visas as USCIS did not make the regulations for years. ( I'm not sure of the status now).
There is a saying that 'what the legislature gave in the law, the department took away in regulations'. Department can deny the benefits in two ways. Delaying/not framing the regulations or framing them in such a way as to take away the benefits of the law.
The correct way of stating it is AC21 Act of 2000, signed by Pres. Clinton is law of the land. But, that law doesn't come into effect until and unless the concerned Government department (in this case USCIS) publishes the regulations in the Federal Register. This hasn't happened so far with AC21 law, though we are approaching a decade of it's passage.
An unfortunate example I can give to illustrate the point is the U & T visas created by US Congress some years back to help victims of sexual-trafficking and domestic violence to remain in the country and adjust status to LPRs. Unfortunately for these hapless victims, they couldn't get the benefit of these visas as USCIS did not make the regulations for years. ( I'm not sure of the status now).
There is a saying that 'what the legislature gave in the law, the department took away in regulations'. Department can deny the benefits in two ways. Delaying/not framing the regulations or framing them in such a way as to take away the benefits of the law.
kate123
03-31 11:59 AM
Agreed, Thanks for correcting me :)
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
The calculation looks incorrect.
You considered the I+ C allocations and subtracted those in line 1. You again subtracted those in your final calculation.
The straight forward calculation is EB2 ROW is entitled to 34,436 (1) and they used 27,406 (2). So splillover was around 7 K.
beautifulMind
09-24 04:59 PM
"interfiling" to use old EB3 PD for new EB2 is not the easiest path for EB3-I guys specially if they have used AC21 and work on EAD now ( Most of us are in this category). Priority date porting is not an issue, USCIS does not have a problem with that. The problem is with "Job definition and level". While one use AC21 claims job position matching EB3 job classification and if there no enough progression gap between AC21 usage and "inerfiling" It becomes hard for a lawyer to convince USCIS that fellow is matching EB2 capability under same job classification. Hundred of such intefilings are waiting without no action from USCIS. My lawyer's advice wait till we logically can establish the skill progression, in other words minimum 3 years of wait from the day AC21 usage. And other important thing is "real promotion" in position should happen at employment and this whole explanation is based on assumption of employment at the same employer. If you change employment inbetween after AC21 usage and before interfiling , your 3 years wait cycle starts from new emploment date. I have not filed "interfiling" just because of these reasons and waiting for correct time to do that. In other words Eb3-I is really and badly screwed.\
I am in a similar situation
I have EAD from an EB3 application and I applied for labor in EB2 with same company but different position while working in the new position on EB3 EAD
My eligible date for ac21 is Jan 2008
so are you saying I should only interfile 485 in Eb2 in jan 2011?
You reply would really appreciated since I am really confused
I am in a similar situation
I have EAD from an EB3 application and I applied for labor in EB2 with same company but different position while working in the new position on EB3 EAD
My eligible date for ac21 is Jan 2008
so are you saying I should only interfile 485 in Eb2 in jan 2011?
You reply would really appreciated since I am really confused
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