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  • waitnwatch
    08-05 03:32 PM
    If that's the law then there is not much of a debate here!

    I think admin should close the thread as the point of a lawsuit is moot.
    Incorrect. Read for yourself.

    Sec. 204.5 Petitions for employment-based immigrants.



    (e) Retention of section 203(b)(1) ( , (2) ( , or (3) ( priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) ( or 205 ( of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.

    US Permanent Resident since 2002

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  • GoneSouth
    04-07 06:45 PM
    I think everyone should take a deep breath. This bill hasn't even made it out of committee yet. The Bush administration has made it clear that they are pro immigration and pro h1-b. I'll never say never, but I think it's very unlikely that this bill will ever get to the president's desk, and even less likely that he will sign it.

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  • senthil1
    08-02 11:29 PM
    AC21 tells that one can leave the job after 6 months of filing I485. But the green card is for future job and if anyone is not working for a company after receiving permanent job then green card can be considered as fraud.
    These 2 rules are contraditory in nature.
    Some of my friends quit the job after 6 months of I485 but after receiving GC they went back and worked for a few months.

    Generally USCIS does not have time and resource to track this. But I think they do randomly. One of my other friend resigned the job and he was doing business. He got interview and he postponed the interview to get a job and letter from his previous Company.

    If anyone is happy in their job can stay there till receiving gc. In case of layoffs there is no choice one need to invoke. Even if need to resign the Company it is better try to maintain good relationship. After 8 years GC is denied that will place in tough situation though it will happen for a few cases

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  • somegchuh
    03-25 02:53 PM
    Ss it really "Rent Apartment vs Buy House" ?
    How about renting a home to provide something good to your family?

    With the home values declining I think it makes way more sense to rent the same house (at least in the area I live). If your mortgage payment is only $500 above apartment rent I would say buy. But if you are looking at paying double as mortgage I think its really inflated.

    I would like to read more about buying foreclosed properties. I hear there are some good deals out there :D

    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.


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  • bkarnik
    08-06 06:23 PM
    Hillary Clinton and her driver were cruising along a country road one evening when suddenly an aging cow loomed large in front of the car. The driver tried to avoid it but couldn't - the aging bovine was struck and killed.

    Hillary told her driver to go up to the farmhouse and explain to the owners what had happened. She stayed in the car making phone calls to lobbyists. About an hour later the driver staggered back to the car with his clothes in disarray. He was holding a half-empty bottle of expensive wine in one hand, a rare, huge Cuban cigar in the other and was smiling happily, smeared with lipstick.

    "What happened to you," asked Hillary?

    "Well," the driver replied, "the farmer gave me the cigar, his wife gave me the wine, and their beautiful twin daughters made mad passionate love to me."

    "My God, what did you tell them?" asked Hillary.

    The driver replied, "I just stepped inside the door and said, I'm Hillary Clinton's driver and I've just killed the old cow. The rest happened so fast I couldn't stop it..."

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  • alisa
    01-03 02:36 PM
    Tomorrow the Bombay attack is old too.
    You are right. And so it is imperative that before that happens, the perpetrators and their handlers are hunted down, exposed and punished, in a credible and transparent manner.
    Pakistanis should want to know who is trying to provoke India, and risking a war in the subcontinent, and why.

    You are so good at giving advice to people who suffered at your country men's(like don't start war etc) hands and yet you don't own any responsibility.
    What apology?
    I am not responsible for the actions of those people. Imagine if after 9/11, an American asked you to apologize for the actions of the 19 'Brown men' (I am assuming here that you are a south asian male) who killed 3000 Americans, how silly do you think that situation would be. If cockroaches from my house take a dump in your kitchen, don't ask me to apologize for that.


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  • dpp
    05-16 12:43 PM
    I am not Ronald Regan but I am compelled to say, " There you go again...."

    Why are you consistently discussing about H-1B caps. Green card delays are not because of H-1B quota, I am sure you know this. H-1B caps have nothing to do who applied for the H-1s, whether those were consulting companies in US or a company in Japan. You are just saying it consistently in all your posts because you don�t like more people coming here after you are on path to green cards. In all your posts, you have this mid set where the door closes right behind you and more people should not be allowed on H-1. I am sure you qualify to be the member of IEEE-USA. Please Google search for their membership form. Just because the name of the organization is �Institute of Electrical and Electronics Engineers� doesn�t mean that every thing on their agenda is kosher.

    This shows that you have no clue about the reality. You have looked at the IEEE website and formulated the opinion about the nice people at IEEE-USA, who are working overtime for you to get your green card. This is what you think, right? Well! My friend we live in a very strange world in which political organization (like IEEE) show stuff on their website just so that they don�t appear to be outright anti-immigrants.
    Also, I do think that anybody who do not want to pick up their ass to find a job and rather chose to whine about someone else taking away the job is lazy and for sure undeserving. They are interested to put restrictions on H-1B because they want to eliminate their competition. Every community/group, big or small, have their opponents and enemies just because of the sheer nature of the competition for resource with other groups/communities. H-1B community now forms substantially large group of people. It is natural that orgs like IEEE-USA will be a natural opponent of H-1B community because there is a competition. Now, most members of IEEE-USA are older and middle aged folks, who are not able to compete with good quality engineers from other parts of the world. The folks on H-1 are young, dynamic and fast learners. IEEE-USA folks cannot compete with this group and so they are working to eliminate competition from H-1B folks by other means. Sometimes they call H-1Bs as indentured servants, sometimes promoting outsourcing, sometimes taking away their jobs and sometime depressing wages. They throw out all sorts of rationale to hurt H-1B community. And some idiots on this and other forums have not clue of the bigger picture and are hell bent on screwing the so called �body shoppers� as if it is ok to work at the client site to do the same job at the same amount if you are employees of KPMG or Accenture or Bearing Point. But it is not ok to do the same thing if you are an employee of TCS, INFY or SIFY etc. If this is not discrimination, then tell me what is????? I sincerely do want to understand your view and please consider me to be totally ignorant person who is here to learn from you. I sincerely mean it.

    So you do think that anything associated with the word �IEEE� is gospel. Let me share with you my friend that IEEE and IEEE-USA are totally different organizations. Just like any other organization in the world, IEEE-USA is working to address the issues of their members only. IEEE-USA is working to fix the issues of their members who live in USA ONLY. It has no clue and no desire and no objective to look at any of your issues, no matter what they are. We all acknowledge that are problems with the H-1B program but the question is, Is Durbin-Grassley approach the real solution to the problem? Congress did not address anything associated with H-1B visa for last 6-7 years. If you write to lawmakers they only understand only thing about the word �H-1B� and that is increase in H-1B� that�s it. Now every system in the world needs tweaking from time to time and this has not happened with H-1B program for a very long time. Either way, throwing out people waiting for green cards for 6-7 years is not the solution, putting in restrictions to undermine the entire H-1B program (because they know they will not have enough votes to reduce the visa numbers or eliminate the program) is not the solution, �investigating� companies when they hire someone on H-1B as if hiring someone on H-1B is a crime is not the solution, singling out companies from one country because the guy driving IEEE-USA (Ron Hira) doesn�t want more people to come from India because he hates his heritage � is not the solution. Yes there are problems, but Durbin-Grassley bill is not the solution.

    Who needs enemies if we have friends like you? I mean why do you want hard working people to unnecessary go through more problems before getting their green cards, as if the existing problems for us are not enough. You simple want to make the system difficult to test human endurance? You know what, we can do this, how about all the stringent conditions of Durbin-Grassley bill will apply ONLY on you and we are all sure that the �HIGH-SKILLED� that you are, you will pass all the �tests� with flying colors. For rest all the others, please consider us lowly skilled and please set a bar lower to the extent that is humanly achievable, we are not �highly-skilled� super-humans like yourself.

    Yes, you have not yet clearly said that �I support banning all H-1Bs�, not in those words, not yet. But reading your posts, it is apparent that you are headed there, as soon as you get your green card. As I said earlier, form now on, just think that all the Durbin-Grassley conditions apply on you and live your life as per the standard set by Durbin-Grassley. For the rest of us, please have mercy on us.

    Well said.

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  • gcisadawg
    12-22 03:29 PM
    Well, my dear freind you obviously did not understand what I meant. I still maintain that Kashmir is the root of the problem and India has nothing to gain by keeping it. Caring for India and Caring for Kashmir are two different issues. The very reason , I want to cut off the cancerous finger is to prevent the spread of cancer to the other parts.

    On the other hand if some is attacking me in my home and/or hurting my family or freinds, I have full rights to defend and call of justice to prosecute the attacker.

    More than the people of Kashmir or the land of Kashmir, it is the waters of Kashmir that is becoming a huge issue. This hasn't gotten a huge attention in the media. I read an article in one of the foreign affairs magazine at a local book store and they have explained this issue at length.


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  • desi3933
    07-08 10:20 AM
    1. When you filed I-485, you should file under 245(K) immediately - I believe someone already mentioned that below. For derivative applications, the derivative applicant may be "out of status" for any length without any issues for AOS approval.

    2. For the 6 mos period he was without pay check, does he have any proof of employment and correspondingly any letter showing that he was on vacation/leave of absense. I had a 15 day period between 2 jobs where I took time off but had no vacation, hence leave without pay but I have leave letter from my manager in letter-head (I know a lot of people do that as taking vacation between jobs gives them a fresh start).

    3. Did the period length where he did not have a pay check exceed 180 days at a stretch?

    Bottomline, it seems an overzealous USCIS officer is trying to find ways to deny your application - you should involve a good lawyer and get immediate rebuttal for Notice of Denial.

    1. 245(k) is applicable automatically for all eb I-485. There is no penalty fee for 245(k).

    2. Each I-485 application is independent for out of status issues. Does not matter Primary or Dependent.

    3. Needs more information. A person can be out of status even with pay-checks. Example: H-1B LCA location is different from actual job location, putting him/her out of status.

    Not a legal advice.

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  • mrane1
    04-07 02:45 AM

    I had no idea my two humble posts would stir up such a hornets' nest among the desi junta here. I certainly see more "bears" coming out of their hibernation now that spring is here :).

    OK, I admit that I am also in the camp that really wants to buy a house and "settle down" in a good area with good schools for my kids. The mythical "nesting instinct" is alive and well here. I am obsessed with the real estate market, and am constantly watching real estate porn as my wife calls it, i.e., surfing on and trying to spot good deals.

    However, the reality is that I am scared sh*tless of the market right now. I do not want to burn my hard earned equity in the form of a good 20% plus downpayment. If you are in the same situation as I am, then I would offer the following practical suggestions to help you cope with the situation:

    1. Rent a house/townhouse/condo from private parties instead of an apartment complex to help you understand the responsibilities and expenses of homeownership.

    2. If renting an apartment in an area with moderate schools, and have school age kids, instead of trying to chase the dream of building equity in a house in an area with good public schools, in the short run, consider sending your kids to a decent private school. The cost of added property taxes in case of home purchase would alone balance out the high monthly payments of private schooling, with probably better "return on investment" at a private school.

    3. Feel good about renting an apartment: You should not succumb to peer pressure and try to keep up with the Janardhan's (OK, bad joke, "Joneses") and buy a house just because other people took the plunge at the wrong time. Your time will come. Just be patient. Not to be taken lightly is the fact that in the month of April we celebrate Earth Day - think positively about all the energy you are saving living in an apartment with shared utilities with other people living in the complex. A house is a big energy guzzler (although I am sure an enjoyable one!) in all respects - more heating and cooling costs, more water used (esp. in summer with lawn watering), more greenhouse gas emissions from your individual lawn mower, leaf blower, and snow blower (can you picture yourself mowing your lawn or riding the snow blower in your lungi :D- OK this joke is getting old)...

    4. More quality time spent at home with the kids - when you are not having to do chores around a big house. A house seems to take up a lot of maintenance time, not to mention time spent cleaning/vacuuming /dusting the entire 3000 sq ft area and otherwise maintaining the 1/4 acre yard. You could instead spend a lot of quality time with your kids doing projects/homework/art work with them and being a kid again yourself. In a house it is more likely that unless you have kids big enough to help you do those chores for some incentive, your kids will be watching Dora and Diego while you are cleaning up.

    All in all, I think there are many positives to look forward to while you save money renting, and like I said before, when the time is nigh, you will have your turn. You will also by then, hopefully have your green cards in hand and may even be able to move to a more desirable city or other states looking for better work opportunities and where your downpayment savings will take you farther in getting you more for your buck.


    "Real estate porn".... I just burst out laughing... Yeah I am a hardcore RE porn lover! I have been studying the market since 2004... I even got my GC in sept (although my wife is still stuck in name check... hopefully now that she is current again we might get the news!). So anywho, I completely agree with you junglee. Something tells me that you are an old timer who saw the 2001 crash unfold. I currently live in BA and I am shocked to see even desis spread so thin its really hard for me to fathom how they sleep at night. Many are just a few paychecks away from foreclosure... So did you invest in any of the inverse ETFs such as SRS, SKF, DXD, SDS?


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  • cinqsit
    04-13 03:04 PM
    Hi gimme_GC2006,

    I am no expert in this matter but may be you should respond with all the info you have. Contact Number, Address, Supervisor Name, Phone Number etc - and a brief statement saying that the company does not exist anymore etc etc. If they want to -- they can track down your supervisor etc from the non-existent company if they want to verify your employment.

    Again its best if you get help with a qualified attorney - (should'nt hurt to spend a few $$ more to have a peace of mind) plus yours is the only case of this type I am seeing on these boards so is a bit disconcerting...

    All the best,

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  • pthoko
    07-11 10:10 AM

    wait for UN's reply

    but I think it is better to be honest on the G328 form and not lie as it mentions in coconut sized letters that we r mentioning the facts and signing the forms. Later on they will have all the rights to ask proof documents thru RFE for paystubs,w2 etc, after that we cannot lie anymore and might land in further mess. we submit all the H1/L1 approvals at the time of 485 filing..they can just enter the case# and get the whole history of the case...

    AFAIK..I don't think yours is a violation of status, you were eligible to work on L1 until 2006 and also eligible to work on H1 since Oct 2005. In a H1 scenario,if I extend my H1 with current employer until next July, meanwhile find another employer and file a H1 with new employer until next July, after 4 months with new employer, you change your mind and want to go back to old can work with old employer until July as long as the old employer does not cancel your old H1..

    * i140 stage,only the companies financial records r checked,you even need not be employed with them when you r filing the i140.
    * 1st time stamping in Canada/Mexico for H1b is not possible I think as it has to be done in home country,unless you have a US Masters.

    btw...I have a question, does your H1b approval have an i94 attached with it...? hopefully ..yes..

    YES my H1B approval had an I-94 attached with it. Same no: as my L1 I-94.



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  • xyzgc
    02-12 10:31 PM
    its all forgotten now, just wait for a bright tomorrow.:D

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  • NKR
    03-25 02:32 PM
    I completely agree that buying a house is a long term move. But I disagree with some of the points:

    1. Does rent always go up? No, my rent did not go up at all during the real estate boom as the number of ppl renting was low. Recently my rent has gone up only $75 pm. (love rent control!!!) So in 5 years, my monthly rent has gone up a total of $125 per month
    2. I hear about tax rebate for homeowners. But what about property tax?
    3. What about mortgage insurance payments?

    It is a misconception that 5-10 years is the cycle for real estate.

    Here's how in a sane real estate market the cycle should work:

    No population influx in your area or there is no exodus from your area:
    Your real estate ownership should be 25 years because that's when the next generation is ready to buy houses.

    However, in places like SF Bay Area/new York/Boston where there is continuous influx of young working ppl this cycle can be reduced to 15-20 years.

    Over the last few years, nobody thought of longevity required to make money in RE. Now that it is tanking ppl are talking about 5-10 years. Unless you are buying in a booming place, your ownership has to be 15+ years to turn a real profit.

    This is purely the financial aspect of ownership. If you have a family I think its really nice to have a house but you don't have to really take on the liability. You can rent the same house for much less. But if you are clear in your mind that no matter what I am going to live in XYZ town/city for the next 20 years, go for it.

    As a sidenote for Indians. We all have either aging or soon to start aging parents. The way I see it, caring for aging parents is a social debt that we must pay back. This will need me to go back to India. Therefore, if you feel you need to care for your parents, don't commit to a house.

    When you sell, you need to pay 3% as commission to both the seller and buyer agent. You will break even as soon as the house appreciates 6% plus your closing costs, anything above that would be your profit.

    Now with the market going down, my guess as to when the house appreciates is as good as anybody else�s.

    As far as Rent vs Mortgage goes, I would go with owning a house and paying mortgage than being on rent, I just cannot live in an apartment anymore. Caring for aging parents is our duty and responsibility as much as providing a decent home to our children and giving them a life. If I can strike a balance and fulfill my duties to both, I am happy. Coming to think of it, sometimes I wonder why I did not buy the small house I am in a couple of years ago.


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  • sroyc
    08-06 10:34 AM
    Although the discussion has deteriorated to a point where it will not be healthy anymore, these are valid questions.

    I think a good compromise would be if interfiling is allowed only if the candidate was eligible for the EB2 position at the time of filing the EB3 labor. The current rule punishes those who go to grad school full-time, especially if you did a PhD but do not qualify for EB1.

    I do agree that points raised by Rolling Flood is not well received by most in this forum.But I would pray that no one gets personal and keep the exchanges healthy.

    I do feel that this porting rule is a double edged sword with both pros and cons.But the question is : is it flawed enough to scrapped??

    I must add though, I see were Rolling flood is coming from.Just consider this scenario: Two guyz A&B graduate with a Bachelors degree at the same time.A decides to pursue higher studies and B takes up a job. After a year they file for B' EB3 at his work, while A is still at school.By the time A graduates and a EB2 is filed for him , B is also eligible for EB2.But here is the catch,B gets a much earlier PD than A.So was A a dumb dude that he decided to go to grad school.Does academic experience count for nothing against work experience???

    Its something to ponder upon.

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  • obviously
    08-05 07:07 PM
    Good points below.

    Now, FreshEb2, through the handle itself, comes across as a stoker not a sensible person.

    EB2 and EB3 are two very different EMPLOYMENT BASED legal immigration categories. Filing in one category DOES NOT PRECLUDE one from filing in another category, for another *future* job, as long the *future* jobs themselves meet the criteria to qualify for that EB category.

    Coming to tihnk of, the coward parading as RollingFlood has not posted his/her company, EB job posting, and other pieces of information that I had challenged him/her to post. Seriously you coward, come out and post it... this community can help validate whether there really is no US worker to take that position. Now, dont chicken out and fillibuster this with more weak arguments. Post your glorified EB2 job posting for all of us to see ... and let us see if you have illegally gotten ahead in the line ahead of all those hardworking US citizens that have been laid off in the last 2 quarters across all major sectors. C'mon, do it ... do it...

    Also, somewhere you had said that you were an MBA from a top US university. Welcome to the club. Though, I am sad to share the boat with you! Now, look back at the essay you wrote to get into B-School. Are you doing exactly what you claimed you would do after the MBA? Shall we take that up and go back to the school to have them rescind your diploma because you misused the system? One can say you got into an MBA on a fundamentally false premise. So, give back that diploma.

    Also, did you come into the country on a F1 visa? What did you tell the visa officer? That you were going back to your home country, right? Didnt you need to show proof of ties to your home country. Can we take you to court stating that you committed a felony by lying to a Government official regarding matters of homeland security? Seriously. Why not?

    No amount trying to sub-optimize logic to fit your specific narrow needs will make your holier-than-thou arguments even remotely credible, let alone valid in a court of law. What is clear from this 10 page thread, is that we have a few folks like FreshEB2, RollingFlood etc that present themselves as 'high skilled' workers in the US immigration system but clearly lack the basic level of logic to have a factual conversation. Their ladders of inferences are stark and substantive.

    By sub-optimally picking 'argument points' based the 'weakest links' that you invent and trying to super-size that to reflect a larger interest is very weak attempt to preserve your position.


    You had also mentioned that you would be filing a 'public interest litigation'. That is a very Indian concept. PIL type cases work differently in the US. You dont just run to your local court and claim 'PIL' because you felt wronged. Any court in the US would deem your case as narrowly defined to challenge legislation and throw you out because judiciary cannot legislate.

    Obviously, you grossly underestimated the intellect of this group and thought your big words and b-board bravado would scare people. :D

    Come on!, give me a break. You guys are now worried that EB3 will spoil your (what I still consider, ill gotten) party by PD porting. You now come up with arguments about what is EB2.

    First argument: "EB2 requires advanced degree"

    If that is the case, there is no one who is eligible for Eb2, as "Advanced degrees" is not a degree that is offered by any university in US. Mostly the ones I know offer, Masters and PHD and likes. No one says I am offering "advanced degree". ;)

    Further more, advanced degree is subjective. Bachelors is advanced compared to Diploma, which is advanced compared to 10th passed, which is advanced compared someone who failed 10th.

    Second: It is not fair to allow EB3s to port.
    It is in the law. that part is not grounds for a lawsuit. If you still want to complain, then complain about the fact that AC21 allows you to jump jobs without even getting your GC.

    Third (these are my own points)

    When people got their F1, they said there are here without immigrant intention. Why is USCIS giving them H1 and then also accepting GCs for them. Come to think of it, OPT is not required by any university for granting the degree, so why are F1s even allowed to work??

    The point I am trying to make is that if you try to open one can of worms, everyone else has a Costo or a Sams club to go to and buy a boat load of cans of worms to open - that is going to put you in a bad situation.


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  • bondgoli007
    01-06 05:06 PM
    At the same time read about "Greater Middle East", "Greater Isreal" and "New world Order" , "Unipolar world" etc if you have time.
    What would be the purpose of reading all that? I thought the spotlight was on hamas...this is how you try to move the spotlight away huh!!

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  • araj_98
    05-25 12:45 PM
    retrogression is there was no unified voice to atleast speak out, when the serious problems that the legal immigrants are facing was anticipated, write about these issues. Now we have one in IV.

    The only problem in what you advocate is this: while each of us is free to speak as we like, that dilutes our focus and produces a gaggle of voices. This results in lack of attention and gradual erosion of the effort. We don't have a full time paid director / administrators to brings things to order. All work here is at IV is voluntary. That's why we need to stop people from promoting Lou Dobbs. Remember, one swallow doen't make a summer.

    Also remember: these channels have (or may have) an hidden agenda. Rather than pure news and opinion disseminating channels, they are jockeying to be a opinion influencing channel. That's where they fail; when they can't convince people (how can you, in a few minutes of news coverage), they confuse poeple.

    February 23, 2006
    Watch Video of Author Tom Friedman's Lecture

    Please note: You will need Quicktime 7 to view this video.

    BTW People who support Lou and his view are as ignorant and xenophobic as he is.

    Communique - Your posts dont suggest that you are an immigrant or even pro-immigrant.

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  • americandesi
    08-06 02:09 PM
    After making a trip of South India, Santa Singh, his wife and his son were returning to Punjab in Tamilnadu Express.

    Santa Singh was occupying the lower berth, his wife the middle berth and his son the top most berth in the train. When the train stopped at one of the stations on the way back the son requested Santa Singh to bring him a cup of Ice cream to which Santa readily agreed. When Santa and his son returned they found that a South Indian who couldn't understand Hindi had occupied his son's berth.

    Outraged, Santa Singh called the TT and asked him to help. TT requested that he could not understand Hindi/Punjabi so it would be better if Santa Singh explained the whole situation to him in English.

    Santa Singh explained, "That man sleeping on top of my wife is not giving birth to my child."

    08-02 10:26 AM
    I read this thread ONLY to not to miss any single word from US, no wonder.. his advises are indirectly helping many others like me in getting more understanding about what we are doing..
    Long live UN(even chain smoke cant distroy you ;) )

    Coming to my situatation,
    I came in July 2000, got job in Nov 2000. in 2002, I left for India to help my Dad who was hospitalized for Cancer. I came back in Dec'02 and have been on the payroll till today without fail.

    Once when I am applying for a H4 for my spouse, the US consulate at India issued a 221(g) to give the details about "Why the employee was paid less then the LCA promised wages?" In fact the officer didnt check all of the paperwork submitted, I had shown that I used FMLA (Family Medical Leave Act) to assisit my Dad. My spouse went on the next day, pulled out the same letters and my Dad's hospital bills and Doctor letters etc and shown, and got the Visa approved..

    So, folks who got their payroll significantly showing the gaps, please show the real reason, if you start covering up something, you will end up in the Original poster's spouse of this thread.

    Once again, thanks UN...

    first i'll tell a brief story.

    I am a chain smoker. my brother is a ph.d who researches cancer. He told me I would die one day of cancer (thanked him for that advice). I told him that you gotta die one day.

    he is the only person who had this comeback. He said that is what everyone says until they are on their death bed.

    now; why is this story relevant? How comfortable are you in arguing this. I remember a long time ago a person had this query; and he responded that he was on medical leave. USCIS came back and asked for verification with medical records. Others tried to get letters from their employers saying they had extended absences, etc. but employers won't give the letters because they think they will be on hook for payment of wages to you if they give such a letter.

    It is not an easy thing to overcome or argue as one may think.

    08-06 12:59 PM
    Same as you, I saw your post and couldn't help responding :-)

    For what its worth, I too have a PhD, and one would generally agree my academic credentials are impeccable, etc. etc. (Honest, I am not tooting my own horn)

    But I think Rolling Flood is wrong. Way off base. The reason is simple. Work experience COUNTS. You are a fresh Ph.D. graduate, but believe me even you will feel the difference 5 years down the line (3 years in your case :-). If a person gains experience, the USCIS believes that allows a person to be eligible for a job that falls under EB2 classification.

    Now as a very separate and distinct matter, the law says if a person already has a prior approved I140, then that priority date rules. That is the law.

    Now the logical conclusion of the two separate concepts above is that if a person is the beneficiary for an EB2 job, which by dint of experience, he/she simply is per USCIS and most companies (which is why people get promoted to senior/management positions :-), then that person is allowed by law to port their priority date.

    What RollingFlood and the other so-called (RollingFlood: I am not calling you one, but others have called you something similar ;-) smarter-than-thous are making a mistake on is to conflate two separate issues and making a ego-oriented mess in the process. Make no mistake, RollingFlood is very clear in delineating the skill of a person from the job requirements, which many of the EB3 IVians appear to have missed. But nonetheless, his logic is a bit mixed up on the law. It is incontrovertible (assuming that we have correct citations) that the language of the law is saying that an earlier priority date rules. The only issue is whether 5 years or more of experience required for a job makes that job worthy of an EB2 classification. RollingFlood has not explained why a job that requires 5 years or more experience in addition to a B.S. does not make it eligible for EB2. Without that he is likely going to waste a lot of money on lawyers.

    I agree with "singhsa".
    I was reading through this thread and couldn't help replying.

    Before i voice my opinion, i would like to mention that I have a Ph.D in Aerospace Engineering (2002-2006 from a very reputed univ. in the US). My husband's employer (non-IT) had applied for his GC in EB3 - in 2005 which makes sense since the job required a B.S (Even though he was MS and was working for this company since 2002). We have our 485s filed and are using our APs/EADs. Now, i haven't applied for GC through my employer yet, but if i apply, it would most likely be EB1 or 2, and would love to port my PD of 2005. The reason i haven't done that is because i personally do not think that getting a GC couple of years earlier is going to make my life any different than it currently is.

    Having said that, I completely understand what "rolling flood" is trying to say. And I also agree to what his point of view is. When a person who initially agreed to apply with EB3, changes his mind/company/ or whatever and wants to apply in EB2, he should theoretically start over. Why is it reasonable that he/she cuts in line ahead of a person who was already there. There is a reason why these categories are formed.

    Shady means or non-shady means, EB2 means that u have superior qualifications and you are more desirable in the US.
    EB3 means there are a lot like u, so u gotta wait more. Period.

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