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  #76 (permalink)  
Old 04-21-2015, 04:24 PM
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Post AOS Eligibility for Future PERM approved?

Quote:
Originally Posted by Gudluck10 View Post
Firstly I wanted to say big big thanks to your team.

Here is my question.

I have my PERM approved three month before by future employer. Yet to file I-140.

Am I eligible for concurrent filing or Do I need to get my I-140 approved?

Do I need to be in future employer's payroll for applying AOS?

Please advise, Thanks in advance.
a
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  #77 (permalink)  
Old 04-21-2015, 04:27 PM
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Originally Posted by DMX17 View Post
I am not sure if you question is clear. This new fix changes nothing related to your situation. At some point if the EB2 PD is current, you should consult a lawyer and try to change the basis of the I-485 using the EB2 applicant as the primary. In other words, for you special case, you need special guidance from a lawyer when the time comes.
Thanks for the reply. Just wanted to check if this new change is just for primary applicants or provides PD (filed for primary in EB3) benfits if dervatives files a 485 . From your reply it is same as earlier. but wanted to check with IV.
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  #78 (permalink)  
Old 04-21-2015, 04:33 PM
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Assuming that we are able to apply for EAD anytime soon, Do you think that there will be delays in getting the EAD? As there will be thousands of applicants..
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  #79 (permalink)  
Old 04-21-2015, 04:46 PM
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Default Thanks

Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards
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  #80 (permalink)  
Old 04-21-2015, 04:50 PM
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Originally Posted by groovypash View Post
Assuming that we are able to apply for EAD anytime soon, Do you think that there will be delays in getting the EAD? As there will be thousands of applicants..
Are you suggesting that we should not allow all people any benefits if it happened. So maybe we have a rule where first only EB2 people should get EAD and then EB3 ROW get EAD and when there is nobody left in the line, EB3 India applications should be considered for EAD?

I think you are sympathizing with USCIS workers because they will be burdened. But you are not understanding the pain of immigrants waiting for many years.
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  #81 (permalink)  
Old 04-21-2015, 04:53 PM
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Default

Quote:
Originally Posted by toarpit View Post
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards
If you search the internet you wil see thousands of people saying they could not take promotions because if they changed jobs or took promotions, they will lose their spot in the greencard line. This is one of the reason why we all need greencards. I think you missed all those posts and newspaper articles so far, Check around on forums and you will get an idea of the amount on agony people have stuck in the same job, position and salary for 10 years.
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  #82 (permalink)  
Old 04-21-2015, 05:02 PM
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Quote:
Originally Posted by waitingnwaiting View Post
Are you suggesting that we should not allow all people any benefits if it happened. So maybe we have a rule where first only EB2 people should get EAD and then EB3 ROW get EAD and when there is nobody left in the line, EB3 India applications should be considered for EAD?

I think you are sympathizing with USCIS workers because they will be burdened. But you are not understanding the pain of immigrants waiting for many years.
Dude It was a simple question. Where did you come up with EB2 , EB3 ROW ,sympathizing with USCIS workers , walking on the moon..etc.I have also been waiting for 10+ years. It will difficult to go to visa stamping if EAD is applied. I was just curious as to how much time it would take to get EAD for planning my trip.
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  #83 (permalink)  
Old 04-21-2015, 05:04 PM
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Default

Quote:
Originally Posted by toarpit View Post
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards
My opinion... you probably will not have to if the "same or similar" fix is also published at the same time.
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  #84 (permalink)  
Old 04-21-2015, 05:09 PM
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groovypash is on a distinguished road
Default

Quote:
Originally Posted by toarpit View Post
Hello Admin/Pappu,

Many thanks for all the effort you guys have put for high skilled community. I have a question below and would appreciate if you can help me with your perspective-
I have an approved I-140 as Senior Architect and I changed my role to Enterprise Architect with same employer, can I go ahead and file I-485 with approved I-140 or do I need to do PERM and new I-140 again under this new rule?

Regards
I have gone through a title change,however my responsibilities have not changed. My lawyer said that it won't impact my application process. Two of my other friends have also gone through the same job title change and were able to get their EAD. Please consult your lawyer and good luck to you.
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  #85 (permalink)  
Old 04-21-2015, 05:54 PM
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Question Being Fearless !!

Quote:
Originally Posted by pappu View Post
If the concern is fear of employer and ability to file I485 without the employer then the choices under the existing law is to either file in EB1a/ investment greencard or family greencard.

In the employment based greencard for your EB2 where your employer has filed a petition for you because the employer has not found any US citizen qualified to do the job you are doing, by saying that you want to bypass the employer you are going against the intent of the law. The greencard law is made for employers to hire employees for a longer term and this is why it is called employment based greencard.

For self filing/point based system etc there needs to be a new law made by completely changing the existing law. It requires a huge effort.

If the concern is employers who take advantage of employees, then the first step to work against such employers is to become fearless. Fear breeds more fear and exploitation. Each one of us need to stand up for ourselves and for others like us in the community. We should not be concerned just for our greencard but finding the solution for the problem for all of us even after getting our greencard.

Immigration voice has advocated for many fixes that empower employees so that they cannot be exploited. We have been doing a lot of meetings, made several presentations, fought a whole lot. It is time that everyone joins hands to fight it together instead of spending time tracking, predicting and squabbling over petty issues on the web. Everything is possible if there is a strong will and a strong support of the community.
Pappu and IV Team,

Its nice that you brought up the topic of being fearless and united with employers. That's exactly what I have been trying to do in my last 15 years in USA. And that is probably why in spite of having a Master's Degree in high demand computer science field with a GPA of 3.8 I do not still have a Green Card. I have learned from being fearless that it has consequences...for yourself (professionally, financially and psychologically) as well as your employers (only financially). Generally the consequences are more serious for the employee as expected.

Even at the best tech companies the game is rigged in such a way that the buck stops nowhere. Your Manager immediately agrees to your very legitimate GC filing demands before you accept offer. If you are assertive and careful, they even give it in writing with the offer letter that the GC "Process" would "START" immediately. The keywords being "process" and "start". So, because of the "process" the written commitment means nothing. Then they delegate the responsibility to other departments...usually HR and somebody called "Mobility Manager". So basically it has nothing to do with your supervisor anymore. It is very difficult to get an employer to stick to their commitment due to this model where you are made to run from pillar to post...Manager, HR, Mobility Manager and of course the Lawyers and then the USCIS...at least 6 places where the process can get stuck. Generally in this scenario the initial attempt of an honest person is to work his ass out to prove his worth hoping that the company would keep its commitment. But usually it does not happen. If a person quits, she/he has more to lose than the employer considering the employment market, location, time required to prepare for interviews and finding other employer who would also agree to do the GC promptly.

I believe that many of the admin fixes would tilt the balance little bit in favor of the employees. But in the meantime, I would like to know IV's specific advice on being fearless with employers. Given all of the above what can an employee to do ensure that the employers sticks to their commitment without quitting ?

Thanks in advance for your advice.
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  #86 (permalink)  
Old 04-21-2015, 06:31 PM
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Default Attorney for filing I485/EAD/AP?

Hi, My employer doesn't support AOS filing for my spouse so i may need to pay for attorney fees that seems very high. I have few questions below if i choose to file it on my own

1. I already filed my AOS in 2007 so what documents are needed for filing AOS for my spouse? Do i still need to send the complete list that was used by my attorney for filing my AOS?
2. I assume there are no additional filing fees for EAD/AP if i file them together with I485?
3. In case of RFE's, Do you recommend that i have an attorney? Also, what is the average attorney fees for AOS filing?

Thanks in advance!
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  #87 (permalink)  
Old 04-21-2015, 07:18 PM
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Default

Quote:
Originally Posted by jsd123 View Post
Pappu and IV Team,

Its nice that you brought up the topic of being fearless and united with employers. That's exactly what I have been trying to do in my last 15 years in USA. And that is probably why in spite of having a Master's Degree in high demand computer science field with a GPA of 3.8 I do not still have a Green Card. I have learned from being fearless that it has consequences...for yourself (professionally, financially and psychologically) as well as your employers (only financially). Generally the consequences are more serious for the employee as expected.

Even at the best tech companies the game is rigged in such a way that the buck stops nowhere. Your Manager immediately agrees to your very legitimate GC filing demands before you accept offer. If you are assertive and careful, they even give it in writing with the offer letter that the GC "Process" would "START" immediately. The keywords being "process" and "start". So, because of the "process" the written commitment means nothing. Then they delegate the responsibility to other departments...usually HR and somebody called "Mobility Manager". So basically it has nothing to do with your supervisor anymore. It is very difficult to get an employer to stick to their commitment due to this model where you are made to run from pillar to post...Manager, HR, Mobility Manager and of course the Lawyers and then the USCIS...at least 6 places where the process can get stuck. Generally in this scenario the initial attempt of an honest person is to work his ass out to prove his worth hoping that the company would keep its commitment. But usually it does not happen. If a person quits, she/he has more to lose than the employer considering the employment market, location, time required to prepare for interviews and finding other employer who would also agree to do the GC promptly.

I believe that many of the admin fixes would tilt the balance little bit in favor of the employees. But in the meantime, I would like to know IV's specific advice on being fearless with employers. Given all of the above what can an employee to do ensure that the employers sticks to their commitment without quitting ?

Thanks in advance for your advice.
I can give a very detailed answer to deal with it. For now let me put some points that one can do right off the bat


* Support Immigration Voice because those $$ will go towards advocating for changes in the interest of employees. Employers and lawyers are well represented but employees lack a strong advocacy group with enough capital to fight. Volunteer your time and skills to the organization
* Attend every advocacy day of Immigration Voice. Among other fixes we talk about fixes specific to stopping exploitation. Sitting at home or office and signing petitions or tweeting will not fix anything. One will have to come often to advocacy day meetings and speak up.
* Know your rights
* Report bad employers to DOL/authorities as applicable
* Do not be fearful of reporting in your name. Anonymity goes only as far as putting pots on forums that have no significance. Real action is filing a complaint and not posting on a forum with a fake ID.
* Sometimes lawsuit is an option to explore.
* Stay United a community.
* Journey of an immigrant does not end with getting greencard, H1B or EAD... or even citizenship. Stay involved and help people behind you.
* be politically active by being active in IV advocacy. You will learn a lot.
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  #88 (permalink)  
Old 04-21-2015, 07:38 PM
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Post AOS Eligibility for Future PERM approved?

Quote:
Originally Posted by Gudluck10 View Post
Firstly I wanted to say big big thanks to your team.

Here is my question.

I have my PERM approved three month before by future employer. Yet to file I-140.

Am I eligible for concurrent filing or Do I need to get my I-140 approved?

Do I need to be in future employer's payroll for applying AOS?

Please advise, Thanks in advance.
Dear Admin or Senior member look into my question and clarify.
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  #89 (permalink)  
Old 04-21-2015, 08:04 PM
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Default Filing for AOS with I140 approved by H1 Extension pending

I would like to know if you can file AOS if the dates become current while your H1 extension is still pending? I have an approved I140 and have a priority date of June 2004. My H1 extension is pending post RFE (which was replied to and acknowledged by USCIS). If, in the meanwhile, the dates do become current miraculously, would I be eligible to file my I485 while the extension approval has not yet arrived?

Keep up the good work.
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  #90 (permalink)  
Old 04-21-2015, 09:35 PM
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Exclamation QUESTION for Admin re. NIW and AOS

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Originally Posted by sengs View Post
Hi Admin, Thanks a ton.

Since I have EB2-NIW, I do not have a PERM (because of employer-independent self-petition). Should I use the job description language from my H-1B LCA application?
Do you have any suggestions for the above? I also had title changes since I started this current position, but since I do not have any PERM, is that going to matter during AOS? I did my I-140 filing by myself without any lawyer. I will probably file the AOS by myself. So as much help I can get from IV and the community would be very helpful.
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