go2roomshare
07-12 05:51 PM
Will this be same if you are with same employer??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
I mean
Having PD 2003 Jan - EB3 - approved 140
Can this be used to file new I 485 with NEW PERM LABR - EB2??
does EB2 140 needs to be approved ??
wallpaper 2010 VW GOLF 6 GTI DSG
bestin
06-19 02:38 PM
Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
GCSOON-Ihope
11-02 11:47 AM
Some people are really highly sprung and get mad very quickly!
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
If you had expressed yourself better (from your first post, I believed you wanted to file by yourself), I wouldn't have bothered with my response.
Saying that, you are right: attorneys do screw up. It happened to me...
But practically speaking, considering how complex a file can be, good luck to you on checking an attorney's job.
2011 Volkswagen Golf 6 GTi 2.0 TSi
mirage
04-20 11:31 AM
Now I have started to feel nothing is going to happen. They all want to show us carrots, but we'll get sticks. I'm feeling down I am writing a very old hindi song sung by ishore Kumar. I feel as if this song was written for for all of us. I'm sorry for writing this here, but I wanted to share this, as I have this CD in my car and whenever I hear it, I feel I need to share with you guys.
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
dard hamara koi naa jaane aapne garaj ke sab hain diwane
Nobody feels our pain, everybody here is selfish
kise aage rona roye des paraya log begane
infront of whom you are crying, it is an alien country and alien people
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
apne liye yeh sab hain mele hum hai hurek mele mein akele
for me all these celeberations are meaningless as I'm alone here
kya payega isme reh ke jo duniya jeevan se kele
what will you get living in this word where people play with lives
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
dard hamara koi naa jaane aapne garaj ke sab hain diwane
Nobody feels our pain, everybody here is selfish
kise aage rona roye des paraya log begane
infront of whom you are crying, it is an alien country and alien people
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
apne liye yeh sab hain mele hum hai hurek mele mein akele
for me all these celeberations are meaningless as I'm alone here
kya payega isme reh ke jo duniya jeevan se kele
what will you get living in this word where people play with lives
Dukhi mun mere sun mera kehna. jahan nahee chaina wahan nahee rehna
oh my sad soul do not live where there's no peace.
more...
brb2
11-03 07:02 AM
Problems for EB based immigration is due to visa number shortages and relief can be achieved by an increase in the visa numbers. This will require legislation. Ombudsman has no role in this. Every one knows the current problems are due to shortage of visa numbers. Unfortunately, it is looking highly unlikely that congress will do anything until after the presidential elections. I don't know if you noticed it, as the democratic campaigns are going on, Hilary was being attacked for supporting no licenses for illegals in New York State. These people will avoid any immigration legislation. Whereas employment based immigration is non controversial, democrats know if they pass any such legislation, no republican will vote for the legalization. So the stalemate will continue until after next year's house and presidential election. Even republicans such as Cornyn are tiring out for legal immigration bills, where as the democrats are as enthusiastic as ever about solving illegal immigration problems only. Note the frequent atttempts at gettting the Dream act passed every few weeks.
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
....
one thing what we can do is start writing emails to the ombudsman cisombudsman@dhs.gov
i think everybody shall start telling their stories and give the ombudsman a bulleted list about what needs to happen to fix the broken system...just a thought...it may have a chance of better visibility.
i may be too naive but nevertheless why miss the opportunity to spread the word around...
jungalee43
08-27 02:52 PM
Dear Attorney Prashanthi Reddy,
Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
Once again thanks a lot for your reply.
Thank you very much for your reply. It helps a lot comforting and relieving tension in the family.
The denial notice is clear on revocation and withdrawl. My previous employer wrote to them one day after I resigned. He did not waste any time in that.
Surprisingly the denial notice is silent on the two RFEs and our replies and evidence submitted. It mentions when the I-140 was filed, approved and then the date my first employer advised them to revoke. And then it says "based on forgoing disccussion it is ordered to deny..."
Once again thanks a lot for your reply.
more...
ashkam
04-15 08:07 AM
I was in the same situation (got my MS degree after I had already started working) and I was told that I could not use my master's degree to apply in EB2. This is because if the company hired you when you didn't have a master's degree, obviously your job position does not require a master's degree. You still can use the degree if your green card job position is drastically different from your current position job-duties wise and if you can prove that it does, in fact, require a masters degree.
2010 2010 VW Golf GTI DSG 5 Door
northedman
06-13 05:38 PM
Hello My current Consultancy is not paying me well, they are holding $1000 from my monthly pay check. :( I have a long term contract with client where I am currently working. I am think of H1 Transfer to other consultancy.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
I want to know is this the right time to go for H1 Transfer? :confused: Are H1 Transfers getting rejected?
What happens if my H1 transfer got rejected? My H1 with the existing will remain right? Will my current consultancy knows if my H1 Transfer is rejected?
H1 Transfer rejecting = H1 Visa rejection? :confused:
Please let me know.
Thanks a lot.
more...
msyedy
01-25 11:28 AM
Nuke bill was an agreement between two nations - India and USA - hence Indian govt had a legtimate interest to lobby for it. Lobbying to change the immigration laws of a sovereign nation by a foreign govt is another cup of tea altogether, and will definitely give a bad name to our cause. You have seen what happened when Vincente Fox lobbied for CIR: even americans who were otherwise sympathetic to CIR were hostile to the idea of a foreign head of state telling them what to do with their immigration laws, and quite understandably so. This is a dead horse anyways - what is the point of flogging it further ?
How nuke bill is related to SKIL bill......
Admin close this forum.
How nuke bill is related to SKIL bill......
Admin close this forum.
hair 2010 Volkswagen Golf 6 Speed
prem_goel
07-22 03:56 PM
IMHO the proper response would have been that dude...this is technically illegal..and may cause problems...but personally i know a few people who've made through but YMMV.
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
It is not a misleading information..I told what happened to the people I know. Recently In march , mid march my friend filed H1 to h4 transfer and it got approved in 17 days. She did not work from October 2007 till date. She did not get any queries. There is one more case like this,. But hat person got her h1-h4 in one year with no queries, SOmetimes people do get queries, I do not know how they manage it.
So what is your advice to the OP. consult a lawyer. If she/he consult a lawyer, what will the lawyer say..Same thing, you are staying illegally here. Go back to India and apply fresh H4. Because I heard this from many lawyers. or they will simply file for H1 - H4 transfer.
Even then My advice is also consult a lawyer and let us know what did the lawyer say.Please update us. There are thousands of H1s who didnot get pay and converted to h4. Have all these people got queries are sent back to India. I dont think so. I am not saying staying without pay on H1 is not breaking law. it is breaking law. But there must be a way ...when you convert to H4. I do not know what is that way? If all these payless H1 are breaking the law and USCIS finds them then thousands will be banned for 10 years from entering US rt. Can anybody tell me to how many people it happened till now?
more...
godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
hot Volkswagen Golf VI 2.0 GTI 210
ashkam
12-07 07:52 AM
I applied for my 485 in August and then applied for my H1B extension in november. Obviously your lawyer is incompetent.
more...
house 2009 Mcchip Volkswagen Golf VI
martinvisalaw
09-22 07:34 PM
my fiancee has F-1 visa too, but we are getting married next month so excited. should i ask my employer to apply for us the same time?
Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.
i don't know how is this work, and how much is the f-1 to h-4 status change costs.
That depends on the lawyer, Filing fees are $300
if i get denied, she will be denied too
Yes
but if she gets denied, will i get denied?
No, not necessarily
in other word, is filing both visa same time affect the chance of getting approved?
I've done thousands of H-1B and H-4 cases filed together. It's very common.
u guys know the odds of getting approved on h1b from non profit organization these days?
If the job meets the H-1B criteria, and you do also, you should be fine.
Yes, if she wants to change from F-1. She might want to stay in F-1 status as long as she can, especially since she can get work authorization.
i don't know how is this work, and how much is the f-1 to h-4 status change costs.
That depends on the lawyer, Filing fees are $300
if i get denied, she will be denied too
Yes
but if she gets denied, will i get denied?
No, not necessarily
in other word, is filing both visa same time affect the chance of getting approved?
I've done thousands of H-1B and H-4 cases filed together. It's very common.
u guys know the odds of getting approved on h1b from non profit organization these days?
If the job meets the H-1B criteria, and you do also, you should be fine.
tattoo Brand New Volkswagen Golf VI
ampudhukode
03-24 03:04 PM
Hello All,
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
Had a qstn. Is it good enough to take just the offer letter from the current co and latest paystub to the consulate in Chennai to stamp H1B ? Its for a friend of mine and he is a first time H1B applicant. Problem is if he puts in a req to the HR for exp letter they will ask him a reason and the reason will be printed on top of the letter, and obviously he cant ask for a letter to US consulate for H1B since they will come to know he has intentions to leave.
I am sure a lot of people would have been in similar situation. Did not find any other thread that discussed this issue, so in case there is one please point it out to me otherwise any suggestions would eb welcome.
Thanks,
ampudhukode
more...
pictures Volkswagen Golf VI MY11 GTI
rksaigal
10-16 07:10 PM
Wishing you all a Very Happy Diwali.
dresses GTI 2011 GOLF
needgc1712
06-03 05:36 PM
Hi All,
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
My company applied 485 and h1b. I am in AOS status and having EAD. My company laid off me on March and they are not revoke my h1b and 140(they may hire me back once get new job). Mean time shall i work hourly job and get around $1200 per month with same job description with using my EAD(new company will run payroll and W2). Also i am keep looking permanent full time job with my higher salary.
For the hourly job they asking to fill I-9(employment eligibility verification will inform USCIS). On that form asking my A# with EAD expiration date.
Is there a chance USCIS will know my hourly job?. My concern - this hourly job will create a problem for my GC process (chance to get REF) because rate is low
Please give me your valuable suggestion
Thanks
more...
makeup Volkswagen Golf Gti DSG
santa123
07-01 11:48 PM
Hello IVans,
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
According to Attorney Murthy on June 27, 2008,
"It is hoped that, as the USCIS works through the numerous pending I-140 petitions, premium processing will resume on a more widespread basis"
http://www.murthy.com/news/n_pp4140.html
I strongly feel that AILA and their associates are pretty good at predicting the policy changes within USCIS / DOL. In my observation, such statements by leading immigration Attorneys have resulted in near future procedural / policy changes. I consider this as an hint to all GC seekers to brace for I140 PP across the board, not just for people on the H1B brink.
Does anyone feel the same? any thoughts?
girlfriend Volkswagen Golf 6 GTi (DSG)
bp333
09-25 12:51 PM
I had a similar issue for my son (I attached the check and it appeared that they lost the check) and it can be re-submitted again as long as the receipt date stamped on the rejected application is before retrogression which must be the case for you. But you need to wait for the rejected App.
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
Thanks for your response. Clarification on your stmt "as long as the receipt date stamped on the rejected application is before retrogression" assuming mine gets rejected say "09/20/2007" with a receipt date "july 12 2007" and for EB3 dates being retrogressed to Apr 2001 will I be able to refile in Oct 2007 ??
hairstyles VIDEO Volkswagen Golf R
Mahatma
08-22 08:33 PM
Congrats Conchshell!
Enjoy, celebrate and forget us not.
Keep contributing through wisdom.
what a weekend, you will always remember this one.
Enjoy, celebrate and forget us not.
Keep contributing through wisdom.
what a weekend, you will always remember this one.
sertasheep
04-03 05:51 PM
Jinger,
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
You will be able to plead hardship based on humanitarian grounds and family unity to get your spouse into the US, if you already have a GC provided the GC holder is doing work in the national interest of the US (physician, scientist, et al) .At least, there is a solution to this particular problem.
There is no solution, other than legislative change to the objectives listed by the IV team.
you should visit kamya.com for spouse related issues.
Bogdan
10-22 01:02 PM
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I signed a I-9 form in 2005. At that time, I indeed was on a marriage based EAD because I had an I-485 pending, which later I withdrew and went for H1B. Since then, nobody talked to me about changing the I-9 (I should have thought about it though). However, I provided them with a H1B copy when it was issued.
Since HR mentioned that my EAD expired and they needed a new one, it is clear that they were not refering to the old EAD (marriage based I-485), since that one expired in 2006. So somehow the lawyers, to whom I gave a copy of the EAD last year (they requested it), forwarded the EAD to HR.
Of course HR can change my status in their records now (by renewing the I-9?), but I am worried about the damage is done already and my H1B is invalidated. I don't know how I can find that out.
No comments:
Post a Comment