Eb3 Rest Of The World 2007
- Thread starter david_lyon
- Start date
sfmars said:
Here you go.
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web818.pdf
You may apply to adjust your status if:
An immigrant visa number is immediately available to you
based on an approved immigrant petition; or
You are filing this application with a completed relative
petition, special immigrant juvenile petition or special
immigrant military petition which if approved would
make an immigrant visa number immediately available
to you.
May be that's why you are still watiting to file your I-485
desi3933 said:
It is internal document which regulates how DHS and USCIS are going to treat filing of AOS. Even that document says, if you read further that statement based on an approved immigrant petition.
Do you understand the same that since your I140 is approved and ROW does not have "U" you can file I485 ?
But seriously:
Why do I have to prove to you and to some "immigration practitioners" that I understand that I485 will be not accepted if PD is not current or has "U" ?
My point was that may be internal agreement/rule between USCIS and DHS but not the law which was approved by Congress. The reason for that rule could be INS backlog elimination.
sfmars said:It is internal document which regulates how DHS and USCIS are going to treat filing of AOS. Even that document says, if you read further that statement based on an approved immigrant petition.
Do you understand the same that since your I140 is approved and ROW does not have "U" you can file I485 ?
But seriously:
Why do I have to prove to you and to some "immigration practitioners" that I understand that I485 will be not accepted if PD is not current or has "U" ?
My point was that may be internal agreement/rule between USCIS and DHS but not the law which was approved by Congress. The reason for that rule could be INS backlog elimination.
Here is the quote from law:
INA: ACT 245 - ADJUSTMENT OF STATUS OF NONIMMIGRANT TO THAT OF PERSON ADMITTED FOR PERMANENT RESIDENCE
Sec. 245. [8 U.S.C. 1255]
(a) The status of an alien who was inspected and admitted or paroled into the United States 1/ or the status of any other alien having an approved petition for classification as a VAWA self-petitioner 1a/ may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if
(1) the alien makes an application for such adjustment,
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
(3) an immigrant visa is immediately available to him at the time his application is filed.
http://www.uscis.gov/propub/template.htm?view=document&doc_action=sethitdoc&doc_hit=1&doc_searchcontext=jump&s_context=jump&s_action=newSearch&s_method=applyFilter&s_fieldSearch=nxthomecollectionid|SLB&s_fieldSearch=foliodestination|ACT245&s_type=all&hash=0-0-0-195
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I do not know why this topic becomes hot. The INA 245 says how any one can be adjusted to PR in US. Based on this law USCIS has framed the regulation how to receive and process 485 applications. To do that applicant must satisfy 3 conditions. As per condition three, visas must be available at the time 485 filed. The law even does not say 140 should have been approved. Therefore sfmars understanding is wrong.
The only thing one may argue here is visa number "must be available at the time of approval also". The law does not say this. USCIS has formed an inefficient processing strategy in processing 485s and allocating visa numbers. They must allocate visa numbers once 485 is received form apparently-eligible candidates (140 approved candidates). Once number is allocated to them, their PD (cutoff dates) should not go back. This is the ombudsman recommended procedure. Most of us have applied 485, when visa numbers were available. Now USCIS saying that visas are not available for our PD. This does not make sense.
The only thing one may argue here is visa number "must be available at the time of approval also". The law does not say this. USCIS has formed an inefficient processing strategy in processing 485s and allocating visa numbers. They must allocate visa numbers once 485 is received form apparently-eligible candidates (140 approved candidates). Once number is allocated to them, their PD (cutoff dates) should not go back. This is the ombudsman recommended procedure. Most of us have applied 485, when visa numbers were available. Now USCIS saying that visas are not available for our PD. This does not make sense.
desi3933 said:
The law itself does not have exact wording "You may apply to adjust your status if ...". It looks different to me. The same time the first internal DHS/UCSIS document (which you reffered) has these words.
My understanding is that law says about approval of the person who has AOS filed. And clause (1) the alien makes an application for such adjustment, proves that.
Exactly. Let's take your friend scenario when application was filed as EB2 and then converted to EB3.sfmars said:
At time of adjudication officer will look how these 3 points are satisfied:
(1) the alien makes an application for such adjustment,
Yes
(2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and
Yes
(3) an immigrant visa is immediately available to him at the time his application is filed.
No
Verdict - denied.
I don't want to scare anybody. Search Murthy web site. There was a case when GC was approved without visa number available. Lawyers advised clients not to accept GC in such case.
When are you applying for I-485 based on "your understanding".
It is clause (1) and (2) and (3). Read clause 3 again.
USCIS has upto 5 years to revoke if I-485 was approved in error. I hope your friend knows this.
PS: When are you applying for I-485 based on "your understanding".
sfmars said:
It is clause (1) and (2) and (3). Read clause 3 again.
USCIS has upto 5 years to revoke if I-485 was approved in error. I hope your friend knows this.
PS: When are you applying for I-485 based on "your understanding".
sfmars,
Please be reasonable here sir. Its enough said about it. Thousands of people are waiting for dates to be current before they can file for AOS. They would have found a way to do it if there was one.
Regarding starting your EB-2 for yourself... your company has to start it by filing a labor application. Also, it is not entirely dependent upon the degree that you have but on the job requirement. If the job that you are doing has a requirement for B.S., then it doesn't matter if you have an MS or a PhD. You'll have to go in EB-3.
Please be reasonable here sir. Its enough said about it. Thousands of people are waiting for dates to be current before they can file for AOS. They would have found a way to do it if there was one.
Regarding starting your EB-2 for yourself... your company has to start it by filing a labor application. Also, it is not entirely dependent upon the degree that you have but on the job requirement. If the job that you are doing has a requirement for B.S., then it doesn't matter if you have an MS or a PhD. You'll have to go in EB-3.
desi3933 said:
I meant this guy http://boards.immigrationportal.com/showpost.php?p=1610087&postcount=31
He is not my friend.
See his signature, I do not think that they are scared with his attorney, because he placed these data in the signature.
a101 said:
Thanks for the info...... please do not think that I did not know all that staff which you said.
Before to start my green card process I was asked by lawyer which category to use EB2/EB3 how many experience to place in the ads and how to do it RIR/TR. My organization does not care.
If I am from oversubscribed country I would not hesitate to select EB2.
But I was thinking that EB3 is going to be easy.
The reason that I did not stated yet ... I think because I am lazy.
As I Said In Many, Many Postings So Far, But Kind Of No Body Wants To See The Truth ))))))))
Again I'm Right!!!!!!!
I Feel Sorry For You Guys That Think That There Will Be Change )))))))
Forget About Your Green Card If There Is No Legal Solution Of The Shit!!!!!!!
I'll Post Next Month Again My Prediction, Hopefully Somobody Listens!!!!!!!!
Again I'm Right!!!!!!!
I Feel Sorry For You Guys That Think That There Will Be Change )))))))
Forget About Your Green Card If There Is No Legal Solution Of The Shit!!!!!!!
I'll Post Next Month Again My Prediction, Hopefully Somobody Listens!!!!!!!!
sfmars,
I'm from non-oversubscribed country, and I'm Eb3-wow . See my signature.
Regarding to "I can file with EB2 because I'm MS bla bla ...) . It's right but not enough. It is required BOTH your MS degree AND the nature of H1B-job requires MS degree. The agent from labor department will take a look into the labor application in very details and justify if the job really requires Master/Doctor degree. If s/he finds the advanced degree is not necessary for the job, the application is immediately denied, does not matter how advance your Degree is.
I'm also MS, having 20 years in my professional skills. When my lawyer applied labor EB3 for me 6 years ago, I did not buy the logic. Then I searched and searched tons of websites and asked many other lawyers, all give the same logic. I remembered I also read a official memo transferred among Labors offices state so.
The logic is very simple : United States do not need Ph.D/Master for regular coding job, for ex.
Yes or course your lawyer+ your company can elaborate the job title to be "advanced" and give out the job descriptions so that it can persuade the labor agent. However, the labor agent of course is not stupid. Some risks you have.
And I also believe many many people in this forum are like me: Master/Ph.D degree with EB3 category. You are not alone.
songlan
I'm from non-oversubscribed country, and I'm Eb3-wow . See my signature.
Regarding to "I can file with EB2 because I'm MS bla bla ...) . It's right but not enough. It is required BOTH your MS degree AND the nature of H1B-job requires MS degree. The agent from labor department will take a look into the labor application in very details and justify if the job really requires Master/Doctor degree. If s/he finds the advanced degree is not necessary for the job, the application is immediately denied, does not matter how advance your Degree is.
I'm also MS, having 20 years in my professional skills. When my lawyer applied labor EB3 for me 6 years ago, I did not buy the logic. Then I searched and searched tons of websites and asked many other lawyers, all give the same logic. I remembered I also read a official memo transferred among Labors offices state so.
The logic is very simple : United States do not need Ph.D/Master for regular coding job, for ex.
Yes or course your lawyer+ your company can elaborate the job title to be "advanced" and give out the job descriptions so that it can persuade the labor agent. However, the labor agent of course is not stupid. Some risks you have.
And I also believe many many people in this forum are like me: Master/Ph.D degree with EB3 category. You are not alone.
songlan
sfmars said:
marlon2006
Registered Users (C)
For the first time in the immigration process, lucky
Guys I am monitoring this because I have a dear friend on Dec 2002 EB3 RoW.
I am sorry for your pain.
Thanks Good Lord, my PD was April 2002 RoW; I got the damn GC back on Nov 2006. At this point I am just working hard on my CCVP cert to hit the job market hard.
I have to tell that I have forwarded resumes to test the job market. It is fine if I wanted contract jobs, but I feel that 5 years stuck to a certain employer somewhat caused some damage to my career. God Willing this damage will be repairable.
Just wanted to say hello.
Guys I am monitoring this because I have a dear friend on Dec 2002 EB3 RoW.
I am sorry for your pain.
Thanks Good Lord, my PD was April 2002 RoW; I got the damn GC back on Nov 2006. At this point I am just working hard on my CCVP cert to hit the job market hard.
I have to tell that I have forwarded resumes to test the job market. It is fine if I wanted contract jobs, but I feel that 5 years stuck to a certain employer somewhat caused some damage to my career. God Willing this damage will be repairable.
Just wanted to say hello.
songlan said: