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  #6076 (permalink)  
Old 05-11-2012, 07:21 PM
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wow you have 3 job offers, and all three companies filing I140 for you. How does that work? Since you can only work for one company at a time, how are the other two companies managing the work that they need you for?

Quote:
Originally Posted by chikki77 View Post
Teddy & other gurus,

My situation:
Category: EB2 INDIA
Priority Date: June 27 2007

Employer A: Approved PERM labor and I-140 (Priority date June 27 2007)
Employer B: Applied for PERM labor on 3/25/2011 and is stuck in RFE.
Employer C: Applied for PERM labor on 5/9/2012
Employer A confirmed that they are not going to revoke I-140.
I am waiting for PERM labor from Employer C to be approved, which might take 2 to 3 months if no RFEs and planning on filing I-140 under premium processing and port my priority date.
Based on June 2012 VISA BULLETIN EB2 INDIA will become unavailable.
Employer A is willing to hire me back but is not willing to provide proof of employment letter needed to apply I-485.
I wanted to apply for I-485 with an Employment letter dated January 2010 by Employer A and the rest of the other supporting documents.
I will join Employer A after I get my EAD or continue with Employer C and apply for AC-21 after 6 months from I-485 Receipt date.

Let me know if this will work.

Thanks
Chikki
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  #6077 (permalink)  
Old 05-11-2012, 07:41 PM
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It seems that Eb3 to Eb2 porting has really screwed things up for original Eb2 applicants and any future Eb2 applicants as well. As long as Eb2 PD is years ahead of Eb3, applicants will use all possible techniques to file under Eb2 regardless of the actual job being under Eb2. I do not know if it is possible to fix this mess anytime soon.

Quote:
Originally Posted by Pappu_Pager View Post
USCIS has confirmed the same in the bulletin --

"Despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Such demand is primarily based on cases which had originally been filed with the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third preference category, and are now eligible to be upgraded to Employment Second preference status. The potential amount of such “upgrade” demand is not currently being reported, but it was evident that the continued availability of Employment Second preference numbers for countries other than China and India was being jeopardized. Therefore, it was necessary to make the China and India Employment Second preference category “Unavailable” in early April, and it will remain so for the remainder of FY-2012."
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  #6078 (permalink)  
Old 05-11-2012, 09:00 PM
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Priority Date
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Jul-04
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EB3
I140 Mailed Date
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India
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07/25/2007
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Quote:
Originally Posted by Pappu_Pager View Post
That is true. Based on that, only, they are predicting that bringing April 2010 for EB-2 will not be anytime before Spring 2013 - (i.e. April-May 2013). I doubt, even that would be possible, with current rate of porting happening from EB-3 to EB-2 -- Now, EB-2 will be stuck -- No spillover from EB-1, and increased porting from EB-3 to EB-2. With this trend, I don't think, it will come back to April 2010 or around that, until, Fiscal Year 2015 i.e. until Oct, 2014. Good luck to all high-skilled workers, including me

USCIS has confirmed the same in the bulletin --

"Despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Such demand is primarily based on cases which had originally been filed with the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third preference category, and are now eligible to be upgraded to Employment Second preference status. The potential amount of such “upgrade” demand is not currently being reported, but it was evident that the continued availability of Employment Second preference numbers for countries other than China and India was being jeopardized. Therefore, it was necessary to make the China and India Employment Second preference category “Unavailable” in early April, and it will remain so for the remainder of FY-2012."
Can someone really analyze howcome EB1 is getting full when Labor department on other hand is making life impossible for EB2 folks? This system is crap and fraud because everything is so obscure.
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  #6079 (permalink)  
Old 05-11-2012, 09:05 PM
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Quote:
Originally Posted by hatighora View Post
It seems that Eb3 to Eb2 porting has really screwed things up for original Eb2 applicants and any future Eb2 applicants as well. As long as Eb2 PD is years ahead of Eb3, applicants will use all possible techniques to file under Eb2 regardless of the actual job being under Eb2. I do not know if it is possible to fix this mess anytime soon.
Porting doesnt mean you simply take your EB3 and fill out some form because you've been waiting for more than 5 years. It involves going through a new PERM certification with the job description qualifying the position for EB2. It has been slow and audit-filled so far.
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  #6080 (permalink)  
Old 05-12-2012, 03:02 PM
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Aug-07
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Quote:
Originally Posted by immigrant2007 View Post
Can someone really analyze howcome EB1 is getting full when Labor department on other hand is making life impossible for EB2 folks? This system is crap and fraud because everything is so obscure.
First of all know that the GC process is not just for IT programmers.. Here is the trend in several industries (all non-IT - CPG, HC, Mfg, Auto) that I am consulting.. They are bringing in top execs from Europe/Asia and filing them on EB1.. At the same time lower level and middle level managerial jobs are slowly moving out of this country to Asia ..

Dont be surprised if EB1 starts filling up in years to come... EB3 as we have seen are all moving up to EB2 and therefore EB2 is the new EB3....

I think HR3012 did more harm thus far than good.. Most of the non I/C/Ph folks are aware of that and are asking HR to file them on EB2. Earlier this was not the case.. So increasingly EB2 ROW is going to be filled.. In my industry there are tons of non I/C/Ph/M folks on EB2 waiting to get their GC.. granted they are getting in a year but they are not going to be filing on EB3 anytime now..
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  #6081 (permalink)  
Old 05-12-2012, 04:32 PM
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Apr-10
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So suddenly the whole world wants to come to US and they all want to apply in EB1 / EB2, meaning little or no spillover to EB2?

First come first serve without per country quota makes even more sense.
Or the total number of visas should be increased.
Or change laws to give EAD / AP to all approved I-140 applicants
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  #6082 (permalink)  
Old 05-12-2012, 08:25 PM
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Quote:
Originally Posted by hatighora View Post
It seems that Eb3 to Eb2 porting has really screwed things up for original Eb2 applicants and any future Eb2 applicants as well. As long as Eb2 PD is years ahead of Eb3, applicants will use all possible techniques to file under Eb2 regardless of the actual job being under Eb2. I do not know if it is possible to fix this mess anytime soon.
I don''t see much porting happening from EB3 india to EB2. People here see 100 cases of porting out of pool of 50k is even less than 1% compare to the pending inventory and pointing fingers on porting and screaming loud rather than helping HR 3012 in IV. if you all compare the pending 485 inventory from October 2010 to till today - number of inventory has gone down less than 7k - out of which 5600 is official allocation, few will be rejection, few of them will have their spouse in EB2 and 500 to 1000 may be porting which is not a big number compare to amount of spillover visas EB2 has received in last 2 years.

Other than consulting companies few - none of american companies do any wrong or help to port to EB2. Only way to fix this mess is helping IV.
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  #6083 (permalink)  
Old 05-12-2012, 09:47 PM
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Quote:
Originally Posted by hatighora View Post
It seems that Eb3 to Eb2 porting has really screwed things up for original Eb2 applicants and any future Eb2 applicants as well. As long as Eb2 PD is years ahead of Eb3, applicants will use all possible techniques to file under Eb2 regardless of the actual job being under Eb2. I do not know if it is possible to fix this mess anytime soon.
90% off the original EB2 applicants aren't really qualified as the job requirements are manipulated to fit it the category. I think, it is time to start a campaign for auditing all the EB1 and EB2 applications. It is a fact that fraud in the system creates problem for everyone.
__________________
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  #6084 (permalink)  
Old 05-12-2012, 11:01 PM
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@snthambi - On what basis you are saying "90% off the original EB2 applicants aren't really qualified"? Do you have any evidence or facts supporting your claim?
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  #6085 (permalink)  
Old 05-12-2012, 11:44 PM
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Quote:
Originally Posted by jimmar View Post
@snthambi - On what basis you are saying "90% off the original EB2 applicants aren't really qualified"? Do you have any evidence or facts supporting your claim?
Yes, I do. May be I will discuss that with some senator or congressman. This massive fraud is screwing it up for every would be immigrant group. I have met a lot of folks who have applied on EB2 shouldn't have even got a H1 (a lot of EB3 folks also fall under that group). But, that is a different story altogether. Truth be told. If you don't the truth, ...
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  #6086 (permalink)  
Old 05-13-2012, 10:06 AM
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Jul-04
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Quote:
Originally Posted by snthampi View Post
Yes, I do. May be I will discuss that with some senator or congressman. This massive fraud is screwing it up for every would be immigrant group. I have met a lot of folks who have applied on EB2 shouldn't have even got a H1 (a lot of EB3 folks also fall under that group). But, that is a different story altogether. Truth be told. If you don't the truth, ...
I would appreciate if you can have them scrutinize EB1s, I believe most of them are frauds, and in lot of cases the EB1s desn't make any sense the current EB2 and EB3 guys are more qualified than them it's just they are being held hostage by this system. It's like comparing Apples and kiwi fruit. From my limited knowledge if the system is not transparent then the people who are running the system are holding the truth.
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  #6087 (permalink)  
Old 05-13-2012, 10:27 AM
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Angry

Yes , I agree. EB1, EB2 and EB3 is full of fraud. This system is rigged by Indians - software companies and individuals. We got this mess on to ourselves and now we are trying to blame US politicians for holding up bills like HR 3012. As long as this fraud and abuse is going on nothing will fix the system. There are several physicians with years of medical school, residency and fellowship waiting in EB2 line and people with engineered qualifications get in EB1 and EB2. What a shame! After all how can we forget our old ways from back home. If IV is really interested in fixing employment based immigration system, they need to work on fixing the abuse and fraud first. By the way I am an Indian and not ROW
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  #6088 (permalink)  
Old 05-13-2012, 12:23 PM
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Quote:
Originally Posted by bibliophile2020 View Post
Yes , I agree. EB1, EB2 and EB3 is full of fraud. This system is rigged by Indians - software companies and individuals. We got this mess on to ourselves and now we are trying to blame US politicians for holding up bills like HR 3012. As long as this fraud and abuse is going on nothing will fix the system. There are several physicians with years of medical school, residency and fellowship waiting in EB2 line and people with engineered qualifications get in EB1 and EB2. What a shame! After all how can we forget our old ways from back home. If IV is really interested in fixing employment based immigration system, they need to work on fixing the abuse and fraud first. By the way I am an Indian and not ROW
Well, I won't say it is becuase of Indians, it is because of the faws in the system, if we look closely case y case everyone does it. Indians are highlighted becuase they are in large numbers as compared to others so they are the culprit for everything, I think gaurdians of the system are responsible for this? What happened to that?
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  #6089 (permalink)  
Old 05-13-2012, 12:53 PM
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Quote:
Originally Posted by bibliophile2020 View Post
Yes , I agree. EB1, EB2 and EB3 is full of fraud. This system is rigged by Indians - software companies and individuals. We got this mess on to ourselves and now we are trying to blame US politicians for holding up bills like HR 3012. As long as this fraud and abuse is going on nothing will fix the system. There are several physicians with years of medical school, residency and fellowship waiting in EB2 line and people with engineered qualifications get in EB1 and EB2. What a shame! After all how can we forget our old ways from back home. If IV is really interested in fixing employment based immigration system, they need to work on fixing the abuse and fraud first. By the way I am an Indian and not ROW
Can't agree more. We got it on ourselves when we committed the frauds, and more importantly when we saw these frauds being committed and did not report it to the concerned authorities. We expect a just and fair system but we forget our responsibility towards such a system.

A system is created by people, mostly great thinkers who see a pattern in the problems faced by people, and they also see a way to resolve the problem. Understand this that most of the times, system is static whereas people are forever evolving. So it does not take long for "smart" people who realize the static nature of the system, to come up with their "work arounds". A fool proof system is something that can always be demanded but can almost never be built/maintained. It is us, the people that are part of the system, who are responsible to make the system "an invincible one". So answer this, "How many times did you take the pain to report the abuse to concerned authorities when you saw the abuse?" Remember, "All that's necessary for the forces of evil to win in the world is for enough good men to do nothing."
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  #6090 (permalink)  
Old 05-13-2012, 03:40 PM
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I wrote several letter to my cogressmen in support of HR3012. I am going to write as many asking my congressmen to look in to EB visa fraud and abuse.
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