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joelly
04-05 03:49 PM
I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
Another option for you is to stay in the same company and re-apply new LC under PERM with EB2 requirement this time. If you are willing to do this, then you won't have to worry about the possible revocation.
Good luck!!
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gapala
05-14 10:21 PM
Technically you will be considered a Bachelors in US + 3 yrs Experience = Masters Equivallent = EB2.
You should be a safe - EB2.
Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.
arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..
Thanks in advance.
I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.
1)US Advance Degree (Masters) OR Equivalent
2) US Bachelors or Equivalent + 5 Years of progressive experience.
3) Three out of 4 below need to be provided to classify under Exceptional ability
---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;
---- b) A license to practice the profession or certification for a particular profession or occupation;
---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
---- d) Membership in professional associations;
---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
You should be a safe - EB2.
Disclaimer: I am not an attorney, pls. consult a immigration attorney for advice.
arc buddy, Is this your guess work OR based on any documentary evidence? I have never heard anythink like that before.. 3 years BCom+ 2 years Masters + 10 years Exp ===> 4 years US Degree + 3 Years Exp ===> US Masters equivalent ????:confused:
could you please provide any links or equivalency guidelines from DOL or CIS or any agency for what you posted above. That will help members like me to understand this little better..
Thanks in advance.
I believe EB2 eligibility depends on the Job requirements and wording in LC for equivalency. Looking at the eligibility requirements.. there are 3 ways to classify as EB2.
1)US Advance Degree (Masters) OR Equivalent
2) US Bachelors or Equivalent + 5 Years of progressive experience.
3) Three out of 4 below need to be provided to classify under Exceptional ability
---- a) Letters documenting at least ten years of full-time experience in the occupation being sought;
---- b) A license to practice the profession or certification for a particular profession or occupation;
---- c) Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
---- d) Membership in professional associations;
---- e) Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
ndbhatt
08-14 12:36 PM
yes u are
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
Sorry but I didn't get what your "Yes" pointed to.
is OP wrong or right in his assumption?
Personally, I don't think it matters whether an applicant is direct employee or works for a consulting company. If it was indeed true, then people would start jumping on the direct client bandwagons :D
Thanks,
Nik
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wandmaker
11-01 10:27 AM
Hi,
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
My employer applied for my H1b Extension and the case was received on Aug 5th by USCIS. The online status still shows the case to be in "Initial Review". Out of curiosity, I called USCIS and they told me that they can only reveal information abuot the case to my employer. So I called my employer and they gave me a shocking news - They had received an RFE about a month ago and they "forgot" to inform me. They are not revealing me the details of the RFE.
We have to respond to the RFE by Nov 3rd, and since I had a change of project(I did provide the previous client letter when we had originally applied for H1b extension) they are asking me to get a client letter and other proofs within a day!!!! My client is taking its on time and I do not think I will get the client letter to send it in time.
1) What are my options here? Not knowing what the RFE is, being told about the RFE with just 2 days remaining, can I threaten to take any legal action against my employer?
2) Is it my right to get a copy of the RFE?
3) How come the case status did not change on USCIS website?
My current visa expires on Nov 20th. Please advice ASAP!
#1 - H1B is company's petition, you are merely a beneficiery, you can not do anything.
#2 - It is not your right to ask for RFE notice copy, but you can request.
#3 - Dont rely on online status
Find a new employer, have your H1 transferred while your I-94 is valid.
more...
tampacoolie
07-14 03:23 PM
Guys,
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.
My lawyer is also suggesting to file next week. He had everything to go by July2 and now he wants to file ASAP. Any thoughts on this?. I am thinking this pure pot shots game with USCIS.
logiclife
08-02 02:19 PM
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
more...
jkays94
03-31 03:01 PM
http://www.washingtonpost.com/wp-dyn/content/discussion/2006/03/30/DI2006033001345.html
S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?
This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html
Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.
S. Mitra Kalita: From a former H-1B holder... You know what strikes me? The minute an H-1B holder gets his or her green card, they seem to forget (and likely want to forget) those days where they agonized and strategized over how to stay in the country, where in the labor cert process the application was, etc. I wonder if the H-1Bs have any lobbying groups out there for them. If so, can you please e-mail me with your contact info. Years ago, I used to quote a group called the Immigrants Support Network but I have tried to reach out and not heard about it in a long time. Any H-1B support groups out there?
This was in the H1-B discussion, could someone from the core group please do the needful. I thought this article written last year was very insightful into the plight of EB based immigrants and with this reporter reaching out, it could be a good opportunity to get the story out http://www.washingtonpost.com/wp-dyn/content/article/2005/07/22/AR2005072202060.html
Some info : If you are trying to reach a Washington Post reporter or staff member, please call 800.627.1150 or 202.334.6000.
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gcdreamer05
12-18 08:33 PM
hi goel,
Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
Can you find out if you had applied for Change of Status - to change from h4 to h1... talk to your company attornies to find out about it.
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ilwaiting
09-27 11:26 AM
Unless one were being paid a EB2 salary back then but employer filed you in EB3.
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
this is a hot topic right now..!!
many of us who filed our labor right in the age-old days, atleast me,had no idea of EB2/3 category and it will affect our life so drastically. The paralegal/attnys just filed it(at that point of time just filing the LC was crucial..)
anyway,for retaining the old EB3 PD for the later EB2 date..should the salaries match..?? obviuosly, they wouldnt...?? then how will this be doable..
In no way,this situation can be treated as a substituted labor...
So may I take it from this thread, bottom line that we cant do it..
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chillfakter
02-11 08:45 PM
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
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gc_kaavaali
12-09 08:57 AM
come on guys...time to realize what IV is doing...please contribute
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riva2005
11-16 05:58 PM
That is exactly what the senate has been doing. And the House too.
Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.
1. Immigration Reform: cant do.
2. Ending the war : cant do.
3. Reducing healthcare costs, reforming healthcare: cant do.
4. Upcoming social security deficit : cant do.
5. Budget deficits reduction : cant do.
Next week, senate is going to do following things:
1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.
2. Pass a resolution that water is wet and fire is hot.
3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.
4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.
5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.
6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.
Naming post offices, designating and recognizing festivals, naming courthouses and writing checks to run the government.
1. Immigration Reform: cant do.
2. Ending the war : cant do.
3. Reducing healthcare costs, reforming healthcare: cant do.
4. Upcoming social security deficit : cant do.
5. Budget deficits reduction : cant do.
Next week, senate is going to do following things:
1. Pass a resolution stating that it is the sense of the senate that sky is usually blue in color but on cloudier days, it tends to be green.
2. Pass a resolution that water is wet and fire is hot.
3. Pass a resolution that the building of Capitol is White is color, December is the last month of the year and the White House is also white in color.
4. Take a break, eat peanut-butter and jelly sandwich, play in swings outside the senate building and then take a little afternoon nap. A little fight between Democrats and Republicans on getting equal time on swings and equal time with possession of soccer ball and baseball bat.
5. Afternoon post-nap, easy-going session, name a few more post offices, praise the troops, criticize the war, praise the troops again, criticize the war again.
6. Pass a resolution of Holi, Bhai-Dooj, Kadwa-Chowth etc.
more...
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chansek
07-21 11:38 PM
Hi,
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
can we send Personnel check for I-485, EAD and Advance Parole filing fees.
Thank you.
chansek
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satishku_2000
08-15 03:32 PM
I got an RFE for the latest employment letter. After I sent the required documents, in about 8 days I got approved. I'm hoping yours should be close
Did you use AC21? how long ago you applied for 485?
Did you use AC21? how long ago you applied for 485?
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Digitalosophy
03-30 12:16 PM
I'm impressed by the quality of all your guys' work. I voted mlkdave :)
co-sign well done fellas
co-sign well done fellas
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nk2
08-04 12:17 PM
My EB3 140 is pending from August 2007
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lostinbeta
10-28 10:06 PM
Oh, I meant your situation eberth.
Not your site. The site was good. I like the house and grass, it was cool :)
Sorry, I should have specified in the first place.
Not your site. The site was good. I like the house and grass, it was cool :)
Sorry, I should have specified in the first place.
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ca_immigrant
02-11 12:08 PM
Hi Folks,
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
What is the fastest and perhaps a little economic way to get documents over to chennai (Tamil Nadu) or Calicut (Kerala) from here in San Jose, ca.
USPS has this service called Express Mail ($27.95) or Priority Mail ($12.95)
I guess USPS is claiming 6-10 days (guess no gurantee) to india.
Other couriers seems to be $70+ (FedEx, UPS, DHL)..
Anyone has had good luck with USPS ? or do you suggest the couriers mentioned above ?
Need to get docs for an interview for parents on Feb 26th in Chennai...
Thanks in Advance for your reply !!
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GCapplicant
08-10 05:35 PM
I think this person is just making fun.Whatever he is stating here cant be true just creating confusion-It cant be India.
this is his first post too.
this is his first post too.
JunRN
11-05 08:57 PM
Yes, you can attach your spouse even after approval IF the PD is current. If there's retrogression, and PD is not current, you cannot do that.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
However, for "follow-to-join", PD needs not be current. That's what I know. Please correct if wrong. And "follow-to-join" is via Consular Processing, so needs to go back home.
njboy
07-26 11:18 AM
last i heard, ins was planning to introduce a rule saying - if i140 is not filed within 45 days of labor approval, it was going to be voided. Many people opposed this idea..but at the same time, it had its benefits because, people file labor and then sell it many years later. this rule was meant to prevent these kind of shady substitutions.
