Sachin_Stock
08-25 10:14 AM
While it is true that EB 3 india will take "forever" for those with priority date after 2005, USCIS has been coming down heavily on recent spate of EB3 to EB2 filings. One thing to ask an employer who claims to file EB2 on your behalf is whether they have applied similar EB2s successfully for candidates at similar position that they are offering you. If they fail to provide a satisfactory answer, they are more than likely luring you with a false promise.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
That has always been a standard practice. That is part of PERM Labor process and is NOT new.
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eb3retro
01-13 03:40 PM
u know what, gcseeker2002 is correct to the dot. we do not need a transit visa while coming thru germany in lufthansa. no one even mentions that word. i called and emailed the german consulate b4 i flew out of US, all people including german consulate, travel agent (2 of them),, mentioned that i require it and still i travelled back without it. no one mentioned that word. trust me guys, u wont require it, i just came 10 days ago just with AP.
NOTE : I also recd such emails from German consulate.
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
NOTE : I also recd such emails from German consulate.
Hey gcseeker2002, after 300+ postings also how can you post such a thing.
This is new rule implemented and by thinking you as senior if someone goes and faces problem will you be responsible. So please don't do this boss.
To All Who believe no need to have valid VISA while going back to India or their country.
This is email got from German Consulate at Washington DC to my collegue.
German Cosulate Rep at DC: You wrote that your visa for the United States already expired in September 2010. Therefore you do not fall under Exception Nr. 2. This exception is meant for persons travelling to the US holding a valid US-visa (e.g. a visitors visa with one entry) on their way travelling to the US (Exception 1) and travelling back to their home country during the validity dates of this same visa, but already having used it for entering the US (Exception2) . I hope this clarifies your additional question. I suggest that you apply for an Airport Transit Visa as soon as possible to avoid any problems when travelling back to India via Frankfurt airport.
sunny1000
02-27 07:22 PM
Yes it is just like someone asking labor sub to be allowed again in admin fixes so that they can get a sustitute labor and cut in line.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
I don't think it is the CP filers' fault. They are not cutting in line. It is the USCIS who is sitting on their ass on these 485s while the state dept processes the CP files at the normal pace. It should have been the state dept who should have processed the I-485 and CP (just like how they used to do the H/L visa revalidation inside U.S 4 years ago) and we would not have this issue or the visa bulletin fiasco.
It is a gamble to go with CP just like any other application in this GC mess. I know of guys who got their green card in 18 months while I spent 5.5 years in labor dept alone. But, that does not warrant chastising of the CP filers or anybody else for the Government's ineffiency (except in the case of labor sub).
But, I agree that the requests by the original poster should not be a part of IV's letter campaign.
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Refugee_New
05-15 12:25 PM
hmm, i think munnabhai did the right thing.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
snathan's post is not asking anyone to reconsider their decision. But it clearly shows/explains how and where we as a married couple go wrong. What we really miss in married life and what we never realize as a parents.
Again its a very good post snathan.
sometimes people give irrelevant advice. one guy asks im getting divorced, what shud i do with respect to 485? if people tell him, stop worrying bout 485, focus on ur life and fix ur marraige, then its not helping him from a "forum" perspective.
thanks
snathan's post is not asking anyone to reconsider their decision. But it clearly shows/explains how and where we as a married couple go wrong. What we really miss in married life and what we never realize as a parents.
Again its a very good post snathan.
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doggy
07-21 09:45 PM
Hey Ronhira, I really enjoyed reading your reply.. I really don't care about this so called call but your reply simply made me smile. Thanks...
You are right. I was on the call, and they only blathered about some Job ADS that specify "H1 Only" or something. THey have an rss feed going on the left side of the brightfuturejobs site, and they want the Antis to post en masse about how these jobs violate their rights.
The push is to get the Durbin bill passed. And they want to use these posts as "historical evidence" or some crap like that.
Pretty much BS. What a waste.
I think there were probably 10-15 people who joined. But I could identify 4/5 separate individuals. So, probably rest of them were Indians.
You are right. I was on the call, and they only blathered about some Job ADS that specify "H1 Only" or something. THey have an rss feed going on the left side of the brightfuturejobs site, and they want the Antis to post en masse about how these jobs violate their rights.
The push is to get the Durbin bill passed. And they want to use these posts as "historical evidence" or some crap like that.
Pretty much BS. What a waste.
I think there were probably 10-15 people who joined. But I could identify 4/5 separate individuals. So, probably rest of them were Indians.
nrk
10-27 11:20 AM
Hi Saileshdude,
Here are my responses
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
Ans: No idea o this.
2) Do you have any case against you (ciminal or civil) in your home country?
Ans: Never been to a police station here or any where (I mean to say no cases at all)
3) Did you have any unlawful status of more than 6 months during your presence in US.
Ans: Never
4) Do you have any case pending here?
Ans: No
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
Ans: No.
Apart from this i have seen 3 cases in .com today all the cases were files a service request in TSC either on 10/14/2009 or 10/15/2009 resulted the same status.
nrk,
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
Here are my responses
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
Ans: No idea o this.
2) Do you have any case against you (ciminal or civil) in your home country?
Ans: Never been to a police station here or any where (I mean to say no cases at all)
3) Did you have any unlawful status of more than 6 months during your presence in US.
Ans: Never
4) Do you have any case pending here?
Ans: No
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
Ans: No.
Apart from this i have seen 3 cases in .com today all the cases were files a service request in TSC either on 10/14/2009 or 10/15/2009 resulted the same status.
nrk,
I see various possibilities. Best bet would be to take Infopass soon and find out.
1) DHS trying some new exercises which are completely new. I thought we had seen it all but this is a new one.
2) Do you have any case against you (ciminal or civil) in your home country?
3) Did you have any unlawful status of more than 6 months during your presence in US.
4) Do you have any case pending here?
5) Did you, in past, provide any fake documentation or info pertaining to any benefit you were seeking?
These are just few things that may cause this.
Do update us what you find out after Infopass.
more...
cse_us
07-24 04:57 PM
Here's update on my cases
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
I Efiled mine on may 19th, FP on jul 3rd, no update yet.
Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.
We are currently working on EADs which expire on 30th Aug.
Am worried if I will have the card by then or not.
If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.
It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.
Jul 2nd filer, EB2 - PD Apr 2007
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
I Efiled mine on may 19th, FP on jul 3rd, no update yet.
Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.
We are currently working on EADs which expire on 30th Aug.
Am worried if I will have the card by then or not.
If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.
It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.
Jul 2nd filer, EB2 - PD Apr 2007
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Sheila Danzig
12-05 02:08 PM
We have shown the CA (Chartered Accountncy) equivalent to both a US bachelor's degree and a US Masters degree with an expert opinion letter. As far as I know they have all been approved. We have detailed research and we suggest the attorney cite it in the brief as well because that makes the case even stronger than just citing it in an evaluation or expert opinion letter.
It was approved under EB2
It was approved under EB2
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seetheavatar
12-21 12:23 PM
Yes all the above/below said happened to a foreign citizen(you) not to their own citizens when they apply for passport renewal.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
But indian consulates show their skills to their own people.No other consulate/government offices in the world treats their own citizen in similar manner.
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
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sats123
04-01 03:39 PM
I faxed to AZ senators
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Macaca
09-21 11:47 AM
Don't judge each day by
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
the harvest you reap, but
by the seeds you plant
Robert Louis Stevenson
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jsb
12-18 04:20 PM
Guys, AC21 rule says "I-485 pending for more than 180 days". It doesn't require that you work for the petitioning employer for 180 days. Even if you work or not, as long as I-485 is pending for more than 180 days, you can invoke AC21.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
USCIS will look if you still have "future" and valid offer of employment according to your LC. USCIS is not interested in the past but the future.
Yes, after 180 days of I-485 pending, such "future" offer for same/similiar job as in LC, should exist - from any employer.
more...
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goel_ar
12-20 01:21 PM
NY never picks up call (passport, pio & receptions) or replies to mail.
Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
Their turnaround time is pretty good.
I prefer to deal with via postal even though it is walkable distance from my work.
Wait times in person are horrible - 5-6 hours. only 1 person to serve all the people for passports, pio /oci cards etc.
Their turnaround time is pretty good.
I prefer to deal with via postal even though it is walkable distance from my work.
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iptel
01-30 06:13 PM
There has to be reason why greencard holder been deported likely due to some illegal act. Here we are law abiding resident waiting for our legal status in legal ways.
So I dont understand where this deportation issue coming from.
So I dont understand where this deportation issue coming from.
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chanduv23
10-10 06:03 AM
Dude...you still remember this Alpheratta GA company?
Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time
Oh, they were about to trap me into joining them, I did an interview through them back in 2001 the client wanted to hire and when I told them I am not interested, they started forcing me, then they sent a employee to my apartment to bring me to their place, my roommate joined them and he also had a tough time, he later transferred his h1 to a middle client and after that both me and my roommate had to constantly workout strategies to get his w2s, paystubs etc.... they gave him a real tough time
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Jayr
04-13 12:52 PM
Under predictions for the following months, it is noted that the demand for numbers has not materialized because of persistent backlog. To move things forward they have moved ahead the dates for ROW and the Phillipines. They have also stated that in the future months, they may continue this to include other areas and preference categories. This sounds like good news for those who have their labor certification completed. They also add a caveat that this advancement of dates may lead to eventual sudden and significant backlog in the future when the demand for numbers does materialize (read: when the backlog is actually cleared)
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akhilmahajan
07-10 10:25 AM
There has to be some other way. LOU DOBB is not the only program for CNN which gets them ratings.
I guess we need to explore ways.
I guess we need to explore ways.
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Sakthisagar
07-29 03:19 PM
Guys we see a very unhealthy trend here where any disagreement is not tolerated. This forum is for legal skilled immigrants and we sometimes show how unskilled we are when it comes to tolerance of opinion here.
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
The last line is only a Dream.. I value your opinion, and wish that to happem. as they say Sounds Good, given the situation Political and economic in India and China it will never ever happen. Politically motivated religious fights, killing the political opponent who is having a diferent opinion, no entry for good thinking poeple in all levels in India. So thie last statements in your paragraph is only SOUNDS GOOD! India still is 60 % poor economically. Never Compare The USA with Third world developing countries. Please be Sane ...
isantem, while I understand the diversity argument, when it comes to skilled immigration it doesn't really help. The data itself shows that the overwhelming number of skilled immigrants come from India/China. If the objective is to let the most skilled immigrants in, then the US should forget about diversity. Unfortunately in terms of volume and talent combined, India and China handily beat the rest of the world. Even if EB3 goes to 2002 so be it, but at least you are treating all skilled immigrants on a level playing field rather than discriminating them based on where they were born. If the US continues to do this, there is a serious danger (and this has been documented) that skilled folks in India/China will no longer find the US attractive. Its already happening with the economy booming in India. In fact, we'll probably see you or your kids standing in line for an Indian or Chinese green card in a few years (and I doubt India or China will focus on diversity when it comes to attracting the most skilled talent).
The last line is only a Dream.. I value your opinion, and wish that to happem. as they say Sounds Good, given the situation Political and economic in India and China it will never ever happen. Politically motivated religious fights, killing the political opponent who is having a diferent opinion, no entry for good thinking poeple in all levels in India. So thie last statements in your paragraph is only SOUNDS GOOD! India still is 60 % poor economically. Never Compare The USA with Third world developing countries. Please be Sane ...
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enthu999
08-25 11:56 PM
Hello Friends,
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
As you might have guessed, I am on the EB3 bandwagon because of circumstances that were beyond my control [The filing attorney screwed up :( ]
At the time of my EB3 filing (Feb. 2004) I did possess a Masters degree and more than 5 years of Work Experience and the job responsibility that my petition was filed for, did require a Senior worker with Masters experience. Unfortunately, things didn't go that way and here I am.
I keep reading about some lucky souls [god bless their souls :) ] who have managed to retain their priority dates and converted to EB2.
I really want to do that. I am not sure where to start.
1. I used AC21 and took up a new job recently. Do I approach my new employer and talk to them to see whether they would be able to file my petition in EB2 category? The bad thing is, when I joined them, I told them I don't need any sponsorship or assistance from them. It would be a volte face to go back to them and request them to do something. And the best part is, there is no guarantee that my company would file my petition.
2. Do I look for a new employment and if and when I clear the selection process, do I tell them that the only way I could join them is if they could file my EB2 petition? If they think that my services is a necessity, they might do it else they might look for other candidates. It s like throwing a dice.
3. Do I look around for desi consulting companies that would file my EB2 and in return I work for them (using my EAD) through the EB2 petition/adjudication process. With this approach, the desi companies might do it, but like other people, I also think the reputation of these desi consulting companies is severely dented and there is all the more chance that the EB2 petition might get denied.
Gurus...any help or advise or information is really appreciated.
Thanks,
I filed my EB3 with PD of 2003; due the backlog my company filed EB2 Perm considering the costs for H1B costs and the constraints attached.
If you are working in a full-time job and if they want to retain you on permenant basis considering the risk with EAD they might help you with the process. It is worth checking.
If step # 1 doesn't work then obviously you might need to consider step#2. All desi consultancies are not bad..consider size of the company before you take up any thing..any thing with 300-500 employees might be good to consider.
venkygct
08-30 07:42 PM
^^^^^^^^^^^^^^^^
rajuram
06-19 09:48 PM
Pay and move forward. Most of us have spent years to get this stage. Do not spoil it now....hopefully more $$$ will pour in once you get past this stage!
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
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