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allinoneuser
07-12-2011, 07:36 PM
Hello,

Here's my situation:
1. H1B - 6 years + 1 year complete, into my 9th year valid through November 2012
2. LC and 140 approved - EB3 (priority date: Aug 2007)
3. I have a B. Sc. degree from India and total of 17 years of experience - 6 years with the current employer who filed LC/140

When the employer filed for my LC/140 had confirmed that they will file under EB2 and I got my approval sometime in 2009. I was stupid enough to not confirm then, but I verified my approval notice recently and found thaty had filed under EB3.

I have already spent 8+ years in the US and have been working in this field for 17+ years, if I continue waiting for EB3, not sure when I'll get it. Also, I think, my case should be have been filed under EB2, given that I had 11+ years experience when I started working for this company...

Questions:
1. Can I do EB3 to EB2 with the same employee? My job profile has changed considerably since I started working with this company.
2. Can I move to another company and have them refile my LC/140? Would there be any issues given that I am in my 9th year?
3. What, if any, are my other options?

Please help.

tampacoolie
07-12-2011, 07:51 PM
Hello,

Here's my situation:
1. H1B - 6 years + 1 year complete, into my 9th year valid through November 2012
2. LC and 140 approved - EB3 (priority date: Aug 2007)
3. I have a B. Sc. degree from India and total of 17 years of experience - 6 years with the current employer who filed LC/140

When the employer filed for my LC/140 had confirmed that they will file under EB2 and I got my approval sometime in 2009. I was stupid enough to not confirm then, but I verified my approval notice recently and found thaty had filed under EB3.

I have already spent 8+ years in the US and have been working in this field for 17+ years, if I continue waiting for EB3, not sure when I'll get it. Also, I think, my case should be have been filed under EB2, given that I had 11+ years experience when I started working for this company...

Questions:
1. Can I do EB3 to EB2 with the same employee? My job profile has changed considerably since I started working with this company.
2. Can I move to another company and have them refile my LC/140? Would there be any issues given that I am in my 9th year?
3. What, if any, are my other options?

Please help.

1. It is possible. However this may require a H1B amendment to change job duties and responsibilities, prior filing PERM with DOL. That will substantiate the claim of EB2 I140 petition later.

2. Yes, you can. But make sure that you have copy of approved I140. You don't need original. The new company can use the approved I140 copy of old employer and ask for new 3 year when they file a H1B transfer. You are eligible for indefinite H1B renewal until you get your GC, if your I140 is approved. Each renewal or transfer is eligible for 3 years. But make sure that old employer is not revoked your I140 before H1B is approved from the second employer. After you join the second employer, you have 3 years to get new PERM approved and new I140 is approved.


Here is the USCIS link for EB2 qualifications.

USCIS - Employment-Based Immigration: Second Preference EB-2 (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=816a83453d4a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=816a83453d4a3210VgnVCM100000b92ca60a RCRD)

See whether you can qualify in any of those areas with sub categories. You have 3 year degree, which is very risky for EB2.
I am also in the beginning of making porting and my lawyer discourages to port and telling me that B.E ( 4 year) + 5 year work experience is not done deal for EB2. There may be some RFEs during I140. However many of my friends ported successfully in last one year. I will be senior citizen by the time i get greened. So every EB3 holders with priority date between 2004-2007 should really explore the porting. Otherwise we'll never get greened.

gk_2000
07-12-2011, 08:02 PM
Chanda mama so gaye sooraj chachu jage
Dekho pakdo yaaron, ghadi ke kaante bhage

Ek kahani khatam to dooji shuru ho gayi mamu

Subah ho gayi mamu, mamu, manu
Subah ho gayi mamu, mamu, re manu

Welcome to forum.. we need more EB3 to wake up!

gc_on_demand
07-12-2011, 08:31 PM
Chanda mama so gaye sooraj chachu jage
Dekho pakdo yaaron, ghadi ke kaante bhage

Ek kahani khatam to dooji shuru ho gayi mamu

Subah ho gayi mamu, mamu, manu
Subah ho gayi mamu, mamu, re manu

Welcome to forum.. we need more EB3 to wake up!

I would say EB2 with PD later than Q1 2008 has no chance until Fall 2014. That is 3 Years from now. Everyone should get involved in advocacy.

gk_2000
07-12-2011, 08:35 PM
I would say EB2 with PD later than Q1 2008 has no chance until Fall 2014. That is 3 Years from now. Everyone should get involved in advocacy.

Yeah, let those youngsters watch us and learn something from our suffering!

allinoneuser
07-12-2011, 08:38 PM
Yes, I woke up late... but I was always under the impression that the employer filed under EB2, as promised and my bad that I trusted them. Anyways, whatever is gone is gone, I am going to focus on what can be done.

About 3 years degree, I thought that the experience could substitute for a year's worth of education. Maybe I am wrong.

You know the worst part, I (and my family) haven't been able to visit India since we came here - initially because we never thought we were going to stay here, but then once the process started and I got into this consulting thing... always due to the fear of 221g.

snathan
07-12-2011, 08:43 PM
Yes, I woke up late... but I was always under the impression that the employer filed under EB2, as promised and my bad that I trusted them. Anyways, whatever is gone is gone, I am going to focus on what can be done.

About 3 years degree, I thought that the experience could substitute for a year's worth of education. Maybe I am wrong.

You know the worst part, I (and my family) haven't been able to visit India since we came here - initially because we never thought we were going to stay here, but then once the process started and I got into this consulting thing... always due to the fear of 221g.

How did you confirm if its EB2 or EB3....

allinoneuser
07-12-2011, 08:49 PM
Sec. 203 (b) (3) (A) (i) or (ii) printed on my 140 approval notice.

tampacoolie
07-12-2011, 09:19 PM
Chanda mama so gaye sooraj chachu jage
Dekho pakdo yaaron, ghadi ke kaante bhage

Ek kahani khatam to dooji shuru ho gayi mamu

Subah ho gayi mamu, mamu, manu
Subah ho gayi mamu, mamu, re manu

Welcome to forum.. we need more EB3 to wake up!

Since, I don't speak Hindi, Can I get separate country for TN so that at least I could move to EB3 ROW? South Sudan is a new country now. I hope TN separates from India. We all can ask for separate country for each state and confuse the hell out of USCIS and DOS visa bulletin :p

veni001
07-12-2011, 09:28 PM
Hello,

Here's my situation:
1. H1B - 6 years + 1 year complete, into my 9th year valid through November 2012
2. LC and 140 approved - EB3 (priority date: Aug 2007)
3. I have a B. Sc. degree from India and total of 17 years of experience - 6 years with the current employer who filed LC/140

When the employer filed for my LC/140 had confirmed that they will file under EB2 and I got my approval sometime in 2009. I was stupid enough to not confirm then, but I verified my approval notice recently and found thaty had filed under EB3.

I have already spent 8+ years in the US and have been working in this field for 17+ years, if I continue waiting for EB3, not sure when I'll get it. Also, I think, my case should be have been filed under EB2, given that I had 11+ years experience when I started working for this company...

Questions:
1. Can I do EB3 to EB2 with the same employee? My job profile has changed considerably since I started working with this company.
2. Can I move to another company and have them refile my LC/140? Would there be any issues given that I am in my 9th year?
3. What, if any, are my other options?

Please help.

This is what Murthy Law firms Attorney's quoted for a 3-yr degree from IND in response to question by different person.

"In general, it is well settled case law that an Indian 3-year Bachelors degree will not be able to be used to equate to qualifications necessary for an EB2 Greencard position, no matter how many years of experience or Indian PGDs one has. However, there is a separate category for individuals with exceptional abilities who are working in a job that requires these abilities to qualify for an EB2 position even having a 3-year degree. These applications have higher standards that can be difficult to meet, however, if you think you may qualify, you should consult a knowledgeable immigration attorney in regard to your case."

allinoneuser
07-13-2011, 09:59 AM
Thank you all for your responses.

So, even if I cannot get ported to EB2, changing an employer should not be a problem right?

On a lighter note, is there any hope for EB3?

pappu
07-13-2011, 10:38 AM
Thank you all for your responses.

So, even if I cannot get ported to EB2, changing an employer should not be a problem right?

On a lighter note, is there any hope for EB3?

Yes. There is hope. But only when you take it seriously.
Advocacy is the option for EB3 to get relief.

gk_2000
07-13-2011, 10:44 AM
Since, I don't speak Hindi, Can I get separate country for TN so that at least I could move to EB3 ROW? South Sudan is a new country now. I hope TN separates from India. We all can ask for separate country for each state and confuse the hell out of USCIS and DOS visa bulletin :p

I think it would be better for you guys to bite the bullet and learn some Hindi. I am sure you guys are intelligent enough

allinoneuser
07-13-2011, 11:36 AM
Yes. There is hope. But only when you take it seriously.
Advocacy is the option for EB3 to get relief.
How can we help?

belmontboy
07-13-2011, 11:38 AM
I think it would be better for you guys to bite the bullet and learn some Hindi. I am sure you guys are intelligent enough

it's not question of intelligence, rather it's the necessity.
Do we have to spend time & money and learn hindi just to read what gets scribbled in this forum??

gk_2000
07-13-2011, 02:53 PM
it's not question of intelligence, rather it's the necessity.
Do we have to spend time & money and learn hindi just to read what gets scribbled in this forum??

I wasn't talking about this forum anymore. I was alluring to the situation in our country where a small group of rebellious and proud people refuse to learn what has been deemed a national language

I object to the talk of dividing the country by state, even though I like the idea myself. I reject this talk because of the reasons it assumes. Yes, even though it was a joke (a very poor one at that)

Anyway, it is obvious we will be moving away from the topic if we continue this. You are free to ignore this post

belmontboy
07-13-2011, 03:57 PM
I wasn't talking about this forum anymore. I was alluring to the situation in our country where a small group of rebellious and proud people refuse to learn what has been deemed a national language

I object to the talk of dividing the country by state, even though I like the idea myself. I reject this talk because of the reasons it assumes. Yes, even though it was a joke (a very poor one at that)

Anyway, it is obvious we will be moving away from the topic if we continue this. You are free to ignore this post

If it's needed people will learn it. Since "those" small group have not learned the "official" language, my point is "they" don't need it

snathan
07-13-2011, 04:19 PM
I wasn't talking about this forum anymore. I was alluring to the situation in our country where a small group of rebellious and proud people refuse to learn what has been deemed a national language
I object to the talk of dividing the country by state, even though I like the idea myself. I reject this talk because of the reasons it assumes. Yes, even though it was a joke (a very poor one at that)

Anyway, it is obvious we will be moving away from the topic if we continue this. You are free to ignore this post

How learning Hindi is going to help the small rebellious group? India has 26 official language and are you ready to learn all those official languages.

Moreover, India is a democracy and one needs to decide what they want to do or to learn.

chikna
07-13-2011, 04:30 PM
Yes. There is hope. But only when you take it seriously.
Advocacy is the option for EB3 to get relief.

pappu, I am a donor and contributing to this forum. Does this help? OR what else do you need from us for EB3 campaign? 10 year wait is not enough for USCIS? Thanks.

gk_2000
07-13-2011, 04:51 PM
If it's needed people will learn it. Since "those" small group have not learned the "official" language, my point is "they" don't need it

How learning Hindi is going to help the small rebellious group? India has 26 official language and are you ready to learn all those official languages.

Moreover, India is a democracy and one needs to decide what they want to do or to learn.

@bb The question is not whether it is needed, rather, whether people care enough and love their country enough to do a small duty to learn the national language. Why this partitionship and rigidity, and not to mention misplaced pride? If they learn it they will find use for it, and definitely not the other way round, because you cant learn a language on the spur of a moment

@nathan: Thank god, there is only one national language. If everyone starts demanding then we will all be in a nice hot soup and we can bid adieu to subjects like Science!

snathan
07-13-2011, 05:41 PM
@bb The question is not whether it is needed, rather, whether people care enough and love their country enough to do a small duty to learn the national language. Why this partitionship and rigidity, and not to mention misplaced pride? If they learn it they will find use for it, and definitely not the other way round, because you cant learn a language on the spur of a moment

@nathan: Thank god, there is only one national language. If everyone starts demanding then we will all be in a nice hot soup and we can bid adieu to subjects like Science!

Languages of India - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_of_India#Official_languages)


Article 345 of the Indian constitution provides recognition to "official languages" of the union to include Standard Hindi or any one or more of the languages adopted by a state legislature as the official language. Until the Twenty-First Amendment of the Constitution in 1967, the country recognised 14 official regional languages. The Eighth Schedule and the Seventy-First Amendment provided for the inclusion of Sindhi, Konkani, Manipuri and Nepali, thereby increasing the number of official regional languages of India to 18.[22] Individual states, whose borders are mostly drawn on socio-linguistic lines, are free to decide their own language for internal administration and education.

Moreover, one does not need to learn a language until there is a need or interest. I dont see any pride in that.

allinoneuser
07-13-2011, 06:15 PM
Guys... your views are much appreciated, but can we stick to the topic here please?

gk_2000
07-13-2011, 07:00 PM
Languages of India - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_of_India#Official_languages)


Article 345 of the Indian constitution provides recognition to "official languages" of the union to include Standard Hindi or any one or more of the languages adopted by a state legislature as the official language. Until the Twenty-First Amendment of the Constitution in 1967, the country recognised 14 official regional languages. The Eighth Schedule and the Seventy-First Amendment provided for the inclusion of Sindhi, Konkani, Manipuri and Nepali, thereby increasing the number of official regional languages of India to 18.[22] Individual states, whose borders are mostly drawn on socio-linguistic lines, are free to decide their own language for internal administration and education.

Moreover, one does not need to learn a language until there is a need or interest. I dont see any pride in that.


My dear friend, you will note that I never said "Don't learn your favorite language(s)". I just said that learning (or not learning) the national language should not be a matter of misplaced pride or regionalism. The national language is something we own, so people dont think we Indians have been taught to speak by England. So here it is our own pride and dignity

IMO "A" language and "national" language should be viewed a bit differently

snathan
07-13-2011, 07:08 PM
My dear friend, you will note that I never said "Don't learn your favorite language(s)". I just said that learning (or not learning) the national language should not be a matter of misplaced pride or regionalism. The national language is something we own, so people dont think we Indians have been taught to speak by England. So here it is our own pride and dignity

IMO "A" language and "national" language should be viewed a bit differently

So basically you forgot how diversified India is...no more arguments..

gk_2000
07-13-2011, 07:34 PM
So basically you forgot how diversified India is...no more arguments..

Better than forgetting we are ONE nation

tampacoolie
07-13-2011, 07:39 PM
My dear friend, you will note that I never said "Don't learn your favorite language(s)". I just said that learning (or not learning) the national language should not be a matter of misplaced pride or regionalism. The national language is something we own, so people dont think we Indians have been taught to speak by England. So here it is our own pride and dignity

IMO "A" language and "national" language should be viewed a bit differently

India doesn't have single national language period. Hindi and other 14 languages plus English are just official languages to facilitate communication and commerce between states. If two parties or states will have to agree on the language communicate to trade or exchange ideas. That's where Hindi gets knocked out and English gets used. I don't speak or understand Hindi. So I don't deal with conversation in Hindi. I am happy with it and I don't want damn my country to tell what language I should be learning. That's individual liberty and choice.

gk_2000
07-13-2011, 07:50 PM
Friends, let's not confuse between what IS, and what SHOULD be.

On my part, I agree, maybe there is no "national" language (just read the wikipedia). But on the other hand, we have the official Indian language, which is Hindi

Where I grew up, Hindi was a second language, English was first and the regional language was last

I was given no choice and the regional language, and even the second and first languages were forced upon me.

If we extend the doctrine of individual liberty and choice I would not have shortlisted any of the subjects other than maths and science :). Oh, and maybe drawing and PT (LOL)

sk76012w
07-14-2011, 01:12 PM
Good that you found out there is no national language. Even if there is one, it does not need to be embraced by all just because the word "national" is added to it. People may recognize something "national" as "national". But they don't have to necessarily embrace it. That is where the question of necessity comes into picture. Convenience and interest also matter. Best cases are our national sport and calendar. How many times have you played or watched hockey? How many times have you referred to our national calendar?