slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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nemadeni
09-23 07:05 PM
https://spreadsheets.google.com/ccc?key=0Agsah2P-Kr24dFM1dk9zOUVaVzR6RTFHMzlMSHpLLUE&hl=en
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
Information on how to read the report
Questions & Answers: Pending Employment-Based Form I-485 Inventory
Q: Why is the wait so long for my employment-based green card?
A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.
Q: How can I determine my place in line based on my priority date?
A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).
The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.
The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.
Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.
Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?
A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.
Q: What information do I need to have before using the pending Form I-485 inventory reports?
A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.
Q: How do I read the pending I-485 inventory reports?
A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.
Q: Can you tell me when I will get a visa?
A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.
Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?
A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.
If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.
Q: How do I know how many applicants from my country have an earlier priority date than mine?
A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.
To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20%28Left%20Nav%20Parents%29/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
Information on how to read the report
Questions & Answers: Pending Employment-Based Form I-485 Inventory
Q: Why is the wait so long for my employment-based green card?
A: A visa must be available before a person can obtain an employment-based green card. Because more people want a green card than there are visas available, not everyone who wants a green card can get one immediately. Therefore, some people have to wait in line until a visa is available. The U.S. Department of State (DOS) gives out 140,000 employment-based visas each year. About 85% of those visas go to people seeking a green card in the United States, while about 15% go to people seeking to immigrate from abroad. Currently, about 234,000 people have employment-based adjustment of status (green card) applications pending in the United States and are waiting to get a visa. How long you wait for a visa depends on the supply and demand for your particular preference category, your priority date, and the country your visa will be charged to, usually your country of birth.
Q: How can I determine my place in line based on my priority date?
A: Your preference category, priority date, and country of origin determine your place in line for a visa. The earlier your priority date is, the closer you are to the front of the line. To better assist you in knowing your place in line, we are posting a report of our total pending inventory of applications for employment-based green cards (Form I-485, Application to Register Permanent Residence or Adjust Status) for those seeking to adjust status in the United States. See the �Pending Employment-Based Form I-485 Report� link to the right. We are also posting five other reports by country of chargeability (China, India, Mexico, Philippines, and All Other Chargeability) (see the links to the right).
The �Pending Employment-Based Form I-485 Report,� displays the total number of pending adjustment of status applications, per preference classification. The report shows how many pending adjustment of status (green card) applications in each preference classification have priority dates in a given month and year. You can use this chart to determine how many applicants in your preference classification have priority dates in the same month and year as your own. Also, you can determine how many applicants in your preference classification are ahead of you in line for a visa number by adding together the number of cases with an earlier priority date than your own.
The All Other Chargeability report shows how many applicants from countries other than China, India, Mexico, and the Philippines have priority dates in a given month and year. The report is broken down into separate charts for each preference classification. If you are from a country other than China, India, Mexico, or the Philippines, you can use this chart to determine how many applicants for adjustment of status in the same preference classification have a priority date in the same month and year as your own. This chart also lets you know how many applicants in the same preference classification have earlier priority dates.
Because of historically higher demand for visas from China, India, Mexico, and the Philippines, each of those countries has its own separate report. As published in the DOS Visa Bulletin, applicants from those countries will need to have earlier priority dates than like applicants from other countries to get a visa in any given month. If you are from China, India, Mexico, or the Philippines, you may want to use the report for your particular country. Your country report will show you how many applicants from the same country and preference classification have a priority date in the same month and year as your own. The report will also let you know how many applicants from the same country and preference classification have earlier priority dates.
Q: Which report should I use, the Pending Employment-Based Form I-485 Report or the country-specific reports?
A: All applicants for an employment-based green card may use the pending Form I-485 report to determine their place in line for a visa. Because certain countries experience higher demand than others, applicants in these �oversubscribed� countries may move forward in line more slowly than applicants in countries experiencing less demand. In other words, in order to obtain a visa, applicants in oversubscribed countries may need to have earlier priority dates than applicants in countries experiencing less demand. Applicants in oversubscribed countries may therefore want to also refer to the report for their specific country of chargeability to determine where they stand in line with other applicants from that country.
Q: What information do I need to have before using the pending Form I-485 inventory reports?
A: You need to know your priority date and your preference category to use the pending Form I-485 inventory reports. For more information on priority dates and preference categories, see the �Visa Availability & Priority Dates� and �Green Card Eligibility� links to the right.
Q: How do I read the pending I-485 inventory reports?
A: First, click on the link to the report you want to view. Once you click on the link, the report will appear and you will see a series of charts, one for each preference category. You will see that each chart has different numbers for each month and year. These numbers show how many green card applicants have priority dates in that month and year. To figure out how many applicants have earlier priority dates, add all the numbers from all the cells that correspond to earlier months.
Q: Can you tell me when I will get a visa?
A: Unfortunately, we cannot determine how long it will take for you to get a visa. However, we hope that by showing applicants with a pending Form I-485 where they stand in line to get a visa, you will get a better sense of how long it may take. We intend to update the data in these reports quarterly. By comparing newer versions of the reports with older ones, you may see that the number of applicants ahead of you has gotten smaller, and you may be able to tell how much shorter the line has become. We hope this will give you an even better sense of how long it may take for you to get a visa.
Q: Can you provide me an example of how to use the pending Form I-485 inventory charts?
A: Assume your priority date is in January 2007, your petition was approved for third preference, and you are from China. Using the Sample �Pending Employment-Based Form I-485 Report,� below you will see on the third preference chart that there are 2,618 applicants with a priority date in the same month and year as your priority date.
If you want to find out how many third-preference green card applicants have an earlier priority date than yours, you will need to add all the numbers starting with the number at the beginning of the table, January 1997, and ending with the number immediately before the month and year of your own priority date, December 2006. You will see that there are 131,341 third-preference applicants who have a priority date earlier than yours.
Q: How do I know how many applicants from my country have an earlier priority date than mine?
A: Assume your priority date is in June 2005, your petition was approved for third preference, and you are from India. Using the Sample �I-485 Inventory for Individuals Born in India Report� below, you will see that there are 175 green card applicants from India with a priority date in June 2005.
To find out how many applicants born in India have an earlier priority date than yours, add all the numbers starting at January 1997 and ending at May 2005. You will see that there are 42,796 third-preference applicants from India with a priority date earlier than yours.
gcforall99
03-17 10:42 PM
Received a USCIS email notification today, for my pending 485 (EB3), priority date not current. Waiting for the RFE details, the RFE was only for the primary applicant not for the dependents.
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shantanup
10-15 08:25 AM
Why would anybody ask for visa to issue a driver's license? How is one's driving privilege dependent upon visa? No one has ever asked me or my wife or my friends for a visa to issue a driver's license. Is this some law specific to some states?
more...
sam0407
07-24 02:58 PM
As per my attorney, one year validity is recommended, but, I myself had only 10 months validity in my PP, she said it’s ok and we applied I-485..
BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..
BTW, for safer side I just renewed my PP in NY Consulate..If your are going to NY Consulate in-person . It will be get done on same day..
rbalaji5
03-02 07:53 PM
I was in a similar situation, I got my I-94 renewed by went into the U.S - Mexico border near San Diego on 02/28/2009. It is the simplest way to get your new I-94 if you are near Mexico border.
more...
franklin
02-10 07:43 PM
My gut feeling would be in agreeing with what your attorney says regarding the difficulty with the same job description but differing EB category.
However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.
I guess you'll only really know if the tactic works when your EB2 LC is resolved.
I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.
However, I don't think the attorney would have filled for the EB2 knowing that it would not be accepted, especially if your company is paying for the process.
I guess you'll only really know if the tactic works when your EB2 LC is resolved.
I'm far from an attorney, but your general position seems similar to what I've been considering for a while (that's why I know a little bit about this). Sorry - can't be much more help other than that - its just my guessing, really. Maybe others on this board have applied the same theory with success.
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Prashanthi
02-05 10:13 PM
Hello Chandra, i am trying to figure out how this works, that is why the delay.
more...
nixstor
08-04 01:45 PM
Green..
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
May be you are joking or you didnt get my point.. I was wondering if there are any people who support these DOL sw/hw Systems are struck in Labor as well.
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sbajaj80
09-12 03:40 PM
Register in USCIS.gov and then enter the I140 info in your portfolio and you will see the LUD(last updated date)
18003755283
and then press 12126
Thank you! :)
18003755283
and then press 12126
Thank you! :)
more...
delhirocks
03-30 04:00 PM
Double check with Halifax, as far as I remember Halifax does not entertain 3rd country nationals. I went through this when I was in Boston. Based on my research at that time (2003), I conculded the only options I have available are Montreal & Toronto (I went to Montreal).
Things might have changed since then.
Things might have changed since then.
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saileshdude
03-26 03:34 PM
My husband recieved a transfer notice for his I-485 from TSC saying that the
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
"Preliminary Processing of the application has been completed, and it has been transferred to USCIS office at Lee's summit , MO 64064. The office will notify you when they schedule an interview on the application."
I am the primary applicant and I am on H1. My husband was on H4 and now he is on EAD. My PD is July-04. Is any body in the same situation as me and received such transfer notice. I am really anxious about this. Please let me know is it somethign to worry about and what I take for the interview when I am called.
I will greatly appreciate any help with this.
Thanks.
Seems to me like TSC is processing application based on priority date rather than processing date posted. This seems to be different from NSC which usually goes by the processing date. Lately I have heard of couple of cases whose priority date were or close to being current and they were either sent an RFE or called for interview.
Anyway to OP, there are bunch of threads here on which talk people talk about their interview experience. All you can do is go through them , talk to your attorney and prepare accordingly.
more...
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h1techSlave
02-02 10:35 AM
we must always have a current and valid AP even if we have no plans of travel.
Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.
I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
Last year we were thinking that "1) I'm not planning on going anywhere after / atleast for a year.". Then one of our parents had an accident and we could not go, because there was no valid AP.
I guess, we can not take any chance on AP or EAD. Apply prior to the 120th day of expiry.
Thanks MC thats a valid Point.
There are 2 reasons that I thought of for not applying / renewing.
1) I'm not planning on going anywhere after / atleast for a year.
2) My wife's AP filed last year took Six months to get approved and what happens if you fly out while your AP is pending / sent for renewal. I read in this forum, not fly out, while you AP is pending.
Appreciate your time.
Regards
Karthik
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rr_immaculate
08-05 08:14 AM
Your I-94 SHOULD have the same number as the old one!
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
Whether they give you a new white and stamped or the printed I-797 I-94 is a moot point. The validity date and the number is what matters.
I was once given a new I-94 after visa stamping in Canada at the Derby Line border post in VT with the same I-94 # as the old (and printed I-797 I-94) for a $6 charge.
You saved $6. Go buy nice milkshakes for the family and be cool.
It is a non-issue.
Thanks for the reply.
The printed I-797 bottom left is for employee's records and the right part is the equivalent of the I-94. The officer did not put a seal with the expiry date (normally they put a seal on I-94 mentioning the visa type and expiry date) on the right part. If I am surrendering this part while leaving the country,how can they determine if I overstayed my I-94 date or not since there is no expiry date on the bottom right part.
more...
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inskrish
07-18 01:22 AM
Today is a great day in IV history!
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)
Regards,
IK
We filed our AOS last week (EB3 PD Jan 2007). My wife is currently pregnant and so she could not take all the vaccinations that are required in the medicals. She did the other required medicals though.
My question: Will this cause our applications to be denied? OR will they allow my wife to get the shots after our baby is born?
Anyone with experience please help.
Thanks in advance!
As long as you can submit your wife's pregnency certificate, you are OK. Besides, since your case will take at least 5 years to get the approval, you don't need to bother about RFEs.:-)
Regards,
IK
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chehuan
01-17 04:26 PM
hey
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
i wanted to know what are the chances of a persons i40 to be denied if another with the same profile in the same team and same application is recently denied
for your information both are masters candidates and are eb2 filed
but his was file months before mine and he got audited
mine is in the process of being filed
not sure of whether this even matters and cases are indepedent
but just wanted to know ahead of time if it calls for a sure denial
thanks
chehuan
more...
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gimme_GC2006
09-13 06:50 PM
Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
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cakewalkr7
08-20 01:45 PM
I modified the height instead of the scaleY for the grid and that seemed to work. However I got some unexpected results. When I used the scaleY method all the children in the grid also scaled. But using height left the children's height unaffected. Is this how it should be? It seems strange that the grid below it would slide up as I had hoped yet the upper grid's child textbox and label sizes stay the same and in place.
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krishnam70
05-01 04:44 PM
I got a similar RFE, except I have been asked to provide government documentation stating why mother's name is absent in birth certificate. Can anybody help on what type of government document can I obtain? Getting a new BC won't be possible, as my parents are currently in the US, and would return after the RFE response deadline. Can I get a court order regarding this effect? Any template would help.
Thanks.
EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)
Much easier for you , get them to sign an affidavit here and notarize it and submit it, also get an affidavit from some of your relatives back in your home country as additional evidence and submit them. Any documentation which basically establishes their relationship to you and an affidavit completing the circle would be acceptable
- cheers
kris
Thanks.
EB-2 India
AOS filed July 2007
PD April 2007
Currently on H1-B (renewed till 2011)
Much easier for you , get them to sign an affidavit here and notarize it and submit it, also get an affidavit from some of your relatives back in your home country as additional evidence and submit them. Any documentation which basically establishes their relationship to you and an affidavit completing the circle would be acceptable
- cheers
kris
smuggymba
10-05 11:00 AM
^^
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
they did that in 1996 and all this EB3 backlog is a result of that Z visa.Mnay of them have GC now.
Do you guys know if there is any restrictions on which employer to work for on Z visa and whether there are any travel restrictions?
michael_trs
11-18 05:08 PM
I have H1 visa and my company started processing my GG. They published some ads, and in August applied for the LC. It turned out that they used EB3. They said that LC would be ready by February next year. Then it will take 4 years minimum for other steps. I was very surprised that I was EB3 but not EB2.
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
I have couple of questions:
1. How long does it take if to process it using EB3... 4 years, 5 years?
2. How long does it take if to process it using EB2? I am from Russia.
3. Is it possible to switch to EB2 somehow?
4. If I apply one more time now using Eb2, would it be faster? I will lose time for LC processing.
5. At what step of GC processing can I change a compamy that I work for?
Thank you
Michael
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