EB3 India---PD !!!!WHEN WILL I GET my GC

M

masala dosa

Registered Users (C)
All

Here is my file stats:
EB3,India, PD July 2002.
I-485 filed Dec 2002

Question:

Is there any remote possibility that EB3 India PD's will move beyond July 2002 come September 2008 ( yes 2008) if:

(a) No change in law.

(b) Change in law.
 
Realistic outlook

masala dosa said:
All

Here is my file stats:
EB3,India, PD July 2002.
I-485 filed Dec 2002

Question:

Is there any remote possibility that EB3 India PD's will move beyond July 2002 come September 2008 ( yes 2008) if:

(a) No change in law.

(b) Change in law.
Click to expand...

masala dosa,

September '08 is to far away to even speculate anything. As things stand today, only a change in the law can ease the problems of retrogression. Without a change in the law, things do not look promising. There are a lot of moving parts to this puzzle. Issues such as the BEC backlogs, # of labors that make it to the 485 stage in the next 12 months, labor sub etc are all going to play a significant role in determining the short term future of India EB3. I don't think anyone on this forum can accurately address your question (although a lot of experts will paint all sort of scenarios). Most of us are just as lost as you are. I have an August '01 PD and have no clue as to when my PD will become current. I have stopped speculating as to when the GC will arrive.

The key is to not pin our entire hopes on the GC. At this point we cannot count on the GC showing up in a specified amount of time. We need to make decisions that are independent of the GC process.

cheers,

saras
 
Saras

My question was due to the fact that I am soon heading out of the country for my studies for one year ( H1B 6 yrs over,, on EAD now) and I do not want them to send a RFE while i am at school.

I am expecting RFE ( assuming PD moves ,:):):) since my file has been rotting for close to 5 yrs now.

Even though, I have a leave of absence from my Co., I dont know if that statement + future job exist will suffice any RFE!:):)

One more question:

How do they define similar job?
What Job code do they follow? Is the code Typically identified as DOT XXX.XXX-XXX ( Picked during Labor)?














saras76 said:
masala dosa,

September '08 is to far away to even speculate anything. As things stand today, only a change in the law can ease the problems of retrogression. Without a change in the law, things do not look promising. There are a lot of moving parts to this puzzle. Issues such as the BEC backlogs, # of labors that make it to the 485 stage in the next 12 months, labor sub etc are all going to play a significant role in determining the short term future of India EB3. I don't think anyone on this forum can accurately address your question (although a lot of experts will paint all sort of scenarios). Most of us are just as lost as you are. I have an August '01 PD and have no clue as to when my PD will become current. I have stopped speculating as to when the GC will arrive.

The key is to not pin our entire hopes on the GC. At this point we cannot count on the GC showing up in a specified amount of time. We need to make decisions that are independent of the GC process.

cheers,

saras
Click to expand...
 
masala dosa said:
Saras

My question was due to the fact that I am soon heading out of the country for my studies for one year ( H1B 6 yrs over,, on EAD now) and I do not want them to send a RFE while i am at school.

I am expecting RFE ( assuming PD moves ,:):):) since my file has been rotting for close to 5 yrs now.

Even though, I have a leave of absence from my Co., I dont know if that statement + future job exist will suffice any RFE!:):)

One more question:

How do they define similar job?
What Job code do they follow? Is the code Typically identified as DOT XXX.XXX-XXX ( Picked during Labor)?
Click to expand...


Hi Dosa,

I am not aware of that kind of strict job codes enforcements though it exist on the DOL website. I remember of seeing it once. I think the "Similar job" issue is as confusing as "leaving the employer after you get GC". There are no clear guidelines on that. People do time to time indicate that the formal education, skills and the experience in the field will define whether you are taking the similar job or not. Again it depends on the Immigration officer who is looking at your case.

BTW, are you leaving the US in the middle of the GC process ? Did you file for the CP ?

Best Luck !
 
Great that u r making 500K/annum.

unitednations said:
I'll write this in a little bit more detail when I get some time;

I went to second local office interview on March 22, 2007 (San Francisco office; apparently if you move while case is already at local office and interview is done; your file still gets transferred and you are re-interviewed again in the new jurisdiction).

I had case pending since 2003. It seems that USCIS is asking for updated biographical information (g-325a) if there is significant time between when your 485 is filed and they ultimately approve it.

They assess based on your job history whether you are doing same/similar job or plausibility that you will take the same/similar job upon greencard approval.

My g-325a showed my name as current employer. Interviewer asked if I was self employed. Told him I was but that was not the job I was going to take upon greencard approval. He wanted to see my company tax returns and my personal tax returns for last two years. Told him I hadn't prepared them yet. He asked for extension form. told him I didn't need to file extension because I didnt' owe any taxes. I had IRS printouts showing I didn't file tax returns for last two years. I actually didn't file on purpose because the salary/income was disproportionately high compared to labor wage and it would raise questions as to whether I was going to do same/similar job.

I actually asked him why he needed my tax returns since I was in a period of authorized stay with no limitation on what i wanted to do until greencard got approved. He simply stated it was to assess intention. He said if person is making $500,000 then it is hard to believe that they will take a lower paying job upon greencard approval. Anyways; I knew he couldn't do anything. He looked at my job offer letter; saw it said "accountant/vice president" looked over the job duties (it wasn't 100% the same but basically the profile of an accountant) and then was ok with it.
Click to expand...
 
unitednations said:
I'll write this in a little bit more detail when I get some time;

I went to second local office interview on March 22, 2007 (San Francisco office; apparently if you move while case is already at local office and interview is done; your file still gets transferred and you are re-interviewed again in the new jurisdiction).

I had case pending since 2003. It seems that USCIS is asking for updated biographical information (g-325a) if there is significant time between when your 485 is filed and they ultimately approve it.

They assess based on your job history whether you are doing same/similar job or plausibility that you will take the same/similar job upon greencard approval.

My g-325a showed my name as current employer. Interviewer asked if I was self employed. Told him I was but that was not the job I was going to take upon greencard approval. He wanted to see my company tax returns and my personal tax returns for last two years. Told him I hadn't prepared them yet. He asked for extension form. told him I didn't need to file extension because I didnt' owe any taxes. I had IRS printouts showing I didn't file tax returns for last two years. I actually didn't file on purpose because the salary/income was disproportionately high compared to labor wage and it would raise questions as to whether I was going to do same/similar job.

I actually asked him why he needed my tax returns since I was in a period of authorized stay with no limitation on what i wanted to do until greencard got approved. He simply stated it was to assess intention. He said if person is making $500,000 then it is hard to believe that they will take a lower paying job upon greencard approval. Anyways; I knew he couldn't do anything. He looked at my job offer letter; saw it said "accountant/vice president" looked over the job duties (it wasn't 100% the same but basically the profile of an accountant) and then was ok with it.
Click to expand...

500K shock shock shock.
 
unitednations said:
you are missing the essence. I was quoting what uscis officer said he looks for in assessing attention and he threw out that number. It was his example; it looks like people who are going to port to self employment they scrutinize things a bit more to assess the intention.
Click to expand...

u r a gutsy guy ...to port to self-employment....AWESOME...WAY TO GO!

wish everybody had the courage to do that....the era of working for employer after 6 months of filing I-485 would be archaic!
 
Last edited by a moderator:
You are truly the guru of immigration. Bend it like Beckham !!

:)

unitednations said:
I'll write this in a little bit more detail when I get some time;

I went to second local office interview on March 22, 2007 (San Francisco office; apparently if you move while case is already at local office and interview is done; your file still gets transferred and you are re-interviewed again in the new jurisdiction).

I had case pending since 2003. It seems that USCIS is asking for updated biographical information (g-325a) if there is significant time between when your 485 is filed and they ultimately approve it.

They assess based on your job history whether you are doing same/similar job or plausibility that you will take the same/similar job upon greencard approval.

My g-325a showed my name as current employer. Interviewer asked if I was self employed. Told him I was but that was not the job I was going to take upon greencard approval. He wanted to see my company tax returns and my personal tax returns for last two years. Told him I hadn't prepared them yet. He asked for extension form. told him I didn't need to file extension because I didnt' owe any taxes. I had IRS printouts showing I didn't file tax returns for last two years. I actually didn't file on purpose because the salary/income was disproportionately high compared to labor wage and it would raise questions as to whether I was going to do same/similar job.

I actually asked him why he needed my tax returns since I was in a period of authorized stay with no limitation on what i wanted to do until greencard got approved. He simply stated it was to assess intention. He said if person is making $500,000 then it is hard to believe that they will take a lower paying job upon greencard approval. Anyways; I knew he couldn't do anything. He looked at my job offer letter; saw it said "accountant/vice president" looked over the job duties (it wasn't 100% the same but basically the profile of an accountant) and then was ok with it.
Click to expand...
 
unitednations said:
you are missing the essence. I was quoting what uscis officer said he looks for in assessing attention and he threw out that number. It was his example; it looks like people who are going to port to self employment they scrutinize things a bit more to assess the intention.
Click to expand...

I got it. Anyways, I appreciate your guts.
 
I can surely understand...2 interviews ...can be a toll on the head! and man, TSC really asked you every single doc for AC21...wow!.....

Well, unitednations Congrats....U are a GC holder...
WOW! You made the jump!
 
Congrats UN

UnitedNations
Congratulations! Enjoy your "Life after GC" phase!
I see you are as much of a risk taker as myself in becoming self-employed based on Yates Memo!
 
Congratulations!!!

unitednations said:
Thanks. I actually went one step beyond in what one would consider risk.

I actually didn't port to self employment. My ac21 employer was not myself. I used a differnt job that I was going to port to upon 485 approval. The upon approval job was not what I was currently doing. the currently doing was self employment.

I felt there was a little risk if I made myself the ac21 employer since it may be a little difficult of same/similar job.

Hope to not confuse but what it was: On EAD I worked through my own company; it is a PC (professional corporation) and it has my name on it. I had to show this on the g-325a. However, I said that my ac21 employer was going to be someone else who I hadn't worked with yet.
Click to expand...


UN,
First I heartly congratulate you for getting your GC. Have all the fun.
I am curious that somewhere you have posted that you have not filed Incometax for 2 yrs because you were concerned about your earnings that were more than specified in your labor. Again its all time repeated question, does this really matter, because GC process is long process and you grow in your carrier and get more money when you switch jobs for the betterment. I am little concern after your post even though I make sure that I am in same/similar job profile but my salary have been raised around 40% more what it stated in my Labor. So is this really a big concern.

Thanks,
gckajadoo.
 
unitednations said:
Thanks. I actually went one step beyond in what one would consider risk.

I actually didn't port to self employment. My ac21 employer was not myself. I used a differnt job that I was going to port to upon 485 approval. The upon approval job was not what I was currently doing. the currently doing was self employment.

I felt there was a little risk if I made myself the ac21 employer since it may be a little difficult of same/similar job.

Hope to not confuse but what it was: On EAD I worked through my own company; it is a PC (professional corporation) and it has my name on it. I had to show this on the g-325a. However, I said that my ac21 employer was going to be someone else who I hadn't worked with yet.
Click to expand...


congrats! enjoy now, as you have done great job here and thanks for posting summary of your experience.

Based on your exp, could you post/advise people to pass thro the severe retrogression in fourth coming years particulary self-employment?.

You mentioned that you had a job offer letter from new employer to port the job. Why did you hesitate to port-thro self employment? What is your thoughts if you showed your self-employment as the future GC job? If retro going to be long term for another 5-6 years, what is your advise, if it si difficult to stay in same job for next 5 years? Only self-employment can help to be in same or similar job for next 5-7 years for some peoples..
 
Congrats UnitedNations

UnitedNations :

Hat's off to you buddy....Hearty Congrats.....Enjoy the freedom. Iam sure now with peace of mind you will explore more and more opportunities and help as many people as you can. You are very helpful to everybody in this forum with your wise knowledge and helping Attitude. GOD Bless you and your family.



PD is May 11th 2001 - EB3.
Just applied for my 3rd EAD/AP extension.
 
Congratulations

Hi UN,
CONGRATULATIONS! You deserve it.

Good things happen for good people. Continue your great service to all the people like us.

Cheers...
 
Cangratulations UN

Little late but I just came to know about this. Through this voyage you have not only earned you a GC rather helped others to sail as well with you applied knowledge in accounting profession and immigration system. Almost any lawyer can fill these dumb immigration applications forms but you have really shown us the tips and tricks section.
Hat's off to you. Best wishes
Hidden_Man
 
masala dosa said:
All

Here is my file stats:
EB3,India, PD July 2002.
I-485 filed Dec 2002

Question:

Is there any remote possibility that EB3 India PD's will move beyond July 2002 come September 2008 ( yes 2008) if:

(a) No change in law. 20% Chance

(b) Change in law. 80% Chance
Click to expand...
Good Luck.
 
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