GCNirvana007
10-08 05:48 PM
i sent u PM.
Replied to you.
Replied to you.
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atlfp
04-08 01:26 PM
I guess everything needs to go through the house conference. However there is a much better chance to attach it to the PACE act since Sensenbrenner may not be sitting in that conference at all. PACE act goes to this committe:
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
Committee on Health, Education, Labor, and Pensions Subcommittee on Education and Early Childhood Development
It's none of the Judical committe's business. It will be much better if the Senate just drops the contraversial immigration bill and start to work on this bill. Attaching EB to immigration bill is really dangerous and may just futher delay everything. So pushing the immigration bill may not be a wise thing for us to do.
like S 1932 that deals with other issues then you risk the House getting those thrown out during conference committee.
The advantage is that it will slide thru easily in senate. Problem is that house members use the S 1932 tactic to get immigration provisions thrown out in bills that are not related to immigration or touch immigration on a tangent like competitiveness bills.
sixburgh
06-28 04:09 PM
Why did they allow me (my lawyer) to renew H1 status then?
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.
Lawyer just received the h1 approval, you know?
And I too received my wife's H4.
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punjabi
07-31 02:56 PM
If she has been out of USA during her 6 years of H-1B, she can use that period for her H1B extension. It can give her an extra breathing space.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
Also, for 180 days, she can stay in USA but I am not sure if these 180 days is from the date she last time entered in USA or from the day her visa ends.
I suggest you to consult a good attorney. It is suggested to spend some time and money on attorney and help her stay out of trouble.
Good luck.
Hello,
I have a question, this is about my mom's H1 B visa. Her H1B visa is about to expire in one month.(she had a maximum stay for 6 years). But my
.....
.....
through employment, but I don't see any for family based greencard process). Any help would be really appreciated.
Thank You.
more...
senk1s
02-24 03:03 PM
http://www.irs.gov/taxpros/article/0,,id=165705,00.html
This is what i found on the irs website - still havent decided whether to e-file or paper file
This is what i found on the irs website - still havent decided whether to e-file or paper file
arukala
01-29 11:14 PM
Hi Friends,
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
more...
gopi246
03-20 12:07 PM
I was in the same situation and was told by the SSN office person ( a very helpful guy) to re-apply and enter my address as of the SSN office address and he kept my cell number. He said he will call me as soon as the number arrives and then again when the actual card arrives. He called me on both occasions and I got my number in 2 days and the card in less than a month !
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
I was very grateful for the help and advice the SSN office person provided me at that time.
Thanks guys for the response. I checked with the SSN people if I can resubmit the form. They told they will not allow that. Is there a chance that the immigration people keep it pending so long. If so can I contact them?
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grupak
11-09 12:33 PM
Have analytical and writing (mostly scientific research journal type) skills. Would be glad to help where I can.
more...
logiclife
05-11 12:38 PM
Listen to the program and the number they give would be the number to call. I tried to find the number but its not posted on npr.org website.
Here are some general numbers though if you want to call and find out the Call-in number for participations.
General Phone Numbers:
NPR Staff Directory (202) 513-2000
Listener Services (202) 513-3232
Corporate Sponsorship (202) 513-2093
NPR Foundation (202) 513-2073
Main Fax (202) 513-3329
Media Relations:
Phone Number (202) 513-2300
Here are some general numbers though if you want to call and find out the Call-in number for participations.
General Phone Numbers:
NPR Staff Directory (202) 513-2000
Listener Services (202) 513-3232
Corporate Sponsorship (202) 513-2093
NPR Foundation (202) 513-2073
Main Fax (202) 513-3329
Media Relations:
Phone Number (202) 513-2300
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amitarora74
08-04 01:32 PM
I had absolutely no trouble. I have travelled to India and also to Canada(by Road) and used my AP both times while my wife had GC and my kid her US passport(all different status:-)), we all went to same officer and he never asked anything on why i had different status etc
more...
kanakabyraju
08-18 01:46 PM
Recently received interview letter, scheduled for Sep,3rd.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.
Good luck with the rest.
1. My interview time is 8:15AM and my wife has at 8:45AM. Does it mean we should appear separately or can we go together?
2. Is I-140 approval copy required? Interview letter does not say anything about it.
3. My attorney is not coming since he is too far from my place. Can I take any local attorney? Does it require applying G-28 again?
For 1. It happened to me before and I have requested the officer to consider my wife's interview too with me. In my case, wife's interview date was next day and the IO agreed.
Good luck with the rest.
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rajbgp2002
07-19 04:08 PM
http://www.foreignlaborcert.doleta.gov/pdf/backlog_faqs_07-10-06.pdf
Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.
Frequently Asked Questions on Non-Receipt of 45-Day Letters and on the Process for Addressing Related Requests to Reopen
The Office of Foreign Labor Certification (OFLC) is aware that some employers or their legal representatives who have received �case closed� letters may not have previously received a �45-day� Center Receipt Notification Letter (�45-day letter�) from the Backlog Elimination Center (BEC) processing their respective cases. In additional instances, cases may have been closed after employers or their representatives responded timely to a 45-day letter.
In the backlog, once the vital information in an application is fully entered into the OFLC database, a 45-day letter is the precursor to further processing of that application; the letter functions both as notice to the employer that its application has come up for full processing in the queue, and as a request for confirmation from the employer or its representative that the employer wishes to continue with the case. In cases where the letter attaches a list of corrections or deficiencies in the application, an employer must correct or address these before processing can continue. When a BEC does not receive a response to its 45-day letter, or this response is incomplete in responding to corrections, it closes the case
The process and remedy described below are available to employers who believe a case has been closed due to issues surrounding the receipt of or response to 45-day letters, including:
o Employers who did not receive a 45-day letter after one was issued by a Backlog Elimination Center (BEC); and
o Employers who believe a case was closed after a timely and complete response to a 45-day letter. This includes employers advised of closure through either a case closure letter or a screenshot.
This process is not available for applications closed on grounds unrelated to nonreceipt
of or timely response to a 45-day letter, including applications withdrawn by an employer or its representative; applications for which the response to the 45-day letter was untimely or insufficient; or cases closed for late or insufficient response to any other correspondence or requests other than a 45-day letter. This process is also not an appropriate mechanism for employers, legal representatives, or workers named on an application to inquire about case status or issues not related to case closure. Under any of these additional circumstances, individuals are asked to make use of the more appropriate processes and remedies already in existence at the BECs.
What should I do if I received a �case closed� letter but no 45-day Center Receipt Notification Letter? What if I responded timely to a 45-day letter but my case was subsequently closed? How can I notify the Backlog Elimination Center that I believe my case was erroneously closed and request the Center to reopen the case?
Employers who believe one or more of their cases has been closed for reasons covered by this FAQ, and who wish to request those cases be reopened, must take the following steps:
1.
E-mail the BEC where the closed cased was pending, the Dallas BEC at reopenrequest@dal.dflc.us or the Philadelphia BEC at reopenrequest@phi.dflc.us.
2.
The subject line of the e-mail should read �Request to Reopen�.
3.
Please limit each e-mail request to one application or case number; the nature of the process developed to respond to these requests limits to one the case numbers that can be addressed as a result of any inquiry. Employers with requests for multiple reopenings may submit as many e-mails as appropriate.
4.
The body of the e-mail must include the following information, to allow the BEC to locate, reopen, and prepare to resume processing the appropriate case:
�
Name of employer and correct current address.
�
Correct ETA case number, not a case number from a state workforce agency; alternatively, the e-mail should explain why an ETA case number cannot be provided.
�
Correct current contact information for the employer�s attorney or agent (including name, address, and e-mail address).
�
Name of the alien named on the application.
The body of the e-mail must describe the reason(s) for the request, that is, why the employer believes the case was closed improperly, such as
o �I am the employer/attorney on the application described below. I did not receive a 45-day letter but subsequently received a case closure letter.�
o �I am the employer/attorney on the application described below. I received neither a 45-day letter nor a case closure letter, but the H-1B mailbox indicates my case has been closed.�
o �I am the employer/attorney on the application described below. I received and responded timely to a 45-day letter but subsequently received a case closure letter.�
What can I expect in response to my request to reopen?
Upon each Center�s receipt of the employer or representative�s e-mail request, the Center will issue a standardized, automated electronic notification that the Center has received the request. Response time will vary, depending on volume
of requests received through this electronic mailbox. The employer will receive a second e-mail informing them of the BEC�s determination to either reopen the case or keep the case closed. If the employer�s request is approved and the case reopened, this second e-mail will include a screenshot of the employer�s case reflecting the case is active. If an application is incomplete, the second e-mail will also include the 45-day letter originally sent to the employer and a corrections list. Employers and their representatives will not be receiving a separate 45-day letter or corrections letter by mail, and should treat these documents as requests for action.
Employers should review the screenshot to ensure the BEC has reopened the correct case. If the screenshot shows the appropriate application, the employer will be able to confirm that its case is open and being processed because the �case status� section will not say �closed�, but rather another phase of the process.
How do I respond to the second e-mail from the BEC, containing the screenshot and other information if relevant?
The BEC will treat the employer�s original electronic request to reopen as the equivalent of a confirmation (in response to a 45-day letter) that the employer wishes to continue processing of a case and, if no additional changes or information are needed, will continue processing the case in the appropriate order.
If an application was deemed incomplete at the time the BEC issued the original 45-day letter, and the attachments to the electronic response to the employer includes a corrections letter requests the curing of deficiencies, or any additional information, then � as with any 45-day letter � the employer or its representative must provide the additional information within 45 days to prevent further delays or re-closure of the application. Employers must submit such responses in hard copy, through the mail.
May I contact the BECs by regular mail instead of email?
No, the request to re-open a case must come into the centers electronically.
Who may make the request to re-open a case if we believe it was improperly closed?
Only the employer or attorney of record may make the request to re-open a case. A request from an alien will not be addressed.
Do I have to submit my request to re-open a case within a certain time period?
Yes, to be considered for reopening, all requests must be received by a BEC within 30 days of the publication of the policy announcement or within 30-days of the receipt of a case closed letter, whichever is later.
To whom will responses be sent?
The email responses will only be sent to the employer or attorney who initiated the request.
What do I do if I have not received a �45-day� letter by July 21, 2006?
If an employer does not receive a �45-day� letter by July 21, 2006, email the appropriate Backlog Elimination Center at nobeccontact@dal.dflc.us for the Dallas BEC or nobeccontact@phi.dflc.us for the Philadelphia BEC. The email must contain the following information:
A. Attorney name and address
B. Employer�s name and address
C. Alien�s name and address
D. Priority Date
E. State or Regional location and/or number where case was originally filed
OFLC will publish its policy regarding such cases under separate cover.
more...
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irrational
06-29 10:13 PM
My Wife and I were scheduled to have our fingerprints taken on July 7th and July 9th respectively. Today, we received a letter for my wife and the letter says "Appointment Canceled" "No need to appear at ASC".
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
The letter does not say if they are going to reschedule OR the reason for cancelling.
I am a July 2007 applicant and this is the first FP appts we have got.
Does anybody have this kind of experience before?
Do you think I should show up at the ASC on the previously scheduled date OR just wait for a new letter and date.
My case is in TSC.
Any comment is appreciated.
Thanks.
Bipin :mad:
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meridiani.planum
06-17 09:38 PM
Thanks to every one for considering my message and answering to the questions.
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
See here:
EB-2 Advanced degrees & Experience | Immigration.Com - Law Offices of Rajiv S. Khanna, PC (http://www.immigration.com/greencard/eb2-green-card/eb-2-advanced-degrees-experience)
specifically:
3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
so your 3+2 will be equivalent to a bachelors, then the additional 11 years of experience you have should put you into EB2.
Having said that, this is not law, it is what USCIS said they "generally" follow. So its upto interpretation. That came out in 2007 (in some AILA Meeting) but there are cases of I-140 being denied in such cases. some very recent (2010/2008):
i-140 denial : India 3 yrs Bachelor + 2 yr Master (http://www.immigration-information.com/forums/i-140-petitions/10141-i-140-denial-india-3-yrs-bachelor-2-yr-master.html)
I-140 Denied due to Education - HELP NEEDED PLEASE (http://www..com/usa-discussion-forums/i140/191165977/i-140-denied-due-to-education-help-needed-please)
Some stay denied, many go through on an appeal with AAO. Some even get through without issues on first go.
You could take a chance with EB2 (if you do, ensure that your Labor is very specific about the needs "OR bachelors +5" part. If you just says masters+1 it'll be denied. the 3+2 is not considered a masters equivalent)
Also, consider the stakes here (you need that I-140 approval to get an H1 extension). One option might be to go with EB3 now, make sure you get the extension, then later file in EB2 (with a new employer?) and recapture the PD.
Depends on your appetite for risk...
more...
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BharatPremi
07-27 12:46 PM
Instead of starting a new thread. I would appreciate if someone answers a few questions regarding Check details that we send out to USCIS.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
Making separate checks is highly desirable and one should always follow that path. I am wondering why your lawyer did not advise you on this at the first?I have heard that USCIS accepts the checks drawn on USCIS in stead DHS. But 'DHS' is more accurate choice so If you can get them hold for a while I would recommend you to do that not because those were drawn on USCIS but because it was a single check. And since you can hold, you should write separate checks drawing on DHS.
Note: This is just an opinion. Consult your own lawyer for immigration need and advise.
Adding to this: Per person per application separate check should be drawn.
Went to lawyers office last week and signed all the applications. I made out onc check in the amount of $745 ($395 I-485 + $170 I-131 (AP) + $180 I-765 (EAD)) Payble to U.S Citizenship and Immigration Service. Now when I see the forms online it says the checks should be payable to Department of Homeland Security. Should I ask the lawyer to hold on to the application and send new checks.
Also , should I write three separate checks for $395 $170 $180. Just to make sure if there is an error in say Advanced payroll application, USCIS will keep the two check and send me back the Advanced Parol application.
Making separate checks is highly desirable and one should always follow that path. I am wondering why your lawyer did not advise you on this at the first?I have heard that USCIS accepts the checks drawn on USCIS in stead DHS. But 'DHS' is more accurate choice so If you can get them hold for a while I would recommend you to do that not because those were drawn on USCIS but because it was a single check. And since you can hold, you should write separate checks drawing on DHS.
Note: This is just an opinion. Consult your own lawyer for immigration need and advise.
Adding to this: Per person per application separate check should be drawn.
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anilsal
09-17 12:36 PM
2 times I returned back from Intl trips, the officer kept 1 original. I am left with 1 original. I have one intl trip to make before my renewed AP arrives.
From the discussion, I think the officer will stamp the last original, make a copy and give the original back.
From the discussion, I think the officer will stamp the last original, make a copy and give the original back.
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franklin
12-12 11:49 PM
It depends on the terms of the contract.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
I think Washington is an "At Will" employment state, so no matter what a contract says, its pretty much !#*$. I'd do some research if I were you -google, get some state specific employment law advice, check your employee handbook etc.
At Will means that either side (employer or employee) can end a contract at any point, AFAIK
Employee handbook should spell it out. I guess they "could" force you to use your PTO - don't know of the legality in that.
Just my opinion, not legal advice:o
Quick search online got this:-
At Will
In Washington, employees are presumed to be "at will." At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees that work under an employment contract can only be terminated for reasons specified in the contract. In Washington, in order to overcome the at-will presumption, an employee must show that the employer made clear and unequivocal statements of job security to the employee.
The most common exception to employment-at will is for public policy. This holds that an employee is wrongfully discharged if the termination is counter to an explicit policy of the government. One example is the discharge of an employee for filing a workers' compensation claim.
Employee Handbooks
While an employer is not required by law to have an employee handbook, in most cases, it is recommended. An employee handbook provides a centralized, complete and certain record of the employer's policies and procedures. It also provides more convenient access by employees and managers. At a minimum, an employee handbook should include:
* A statement regarding the at-will employment relationship
* An equal employment opportunity statement
* A policy regarding sexual and other types of harassment in the workplace
* Internet access, e-mail, and voice mail policies
* The Family Medical Leave Act
In Washington, in limited circumstances, the at-will presumption can be overcome and a just-cause employment relationship can be created by an employee's legitimate expectations that are grounded in an employer's policy statements. The employee has to show that the employer, through the employee manual or otherwise, made representations or promises that termination would be only for just cause.
The laws regarding an employer's duties and responsibilities arising under an employee handbook are complex, and a licensed attorney should be contacted to review individual circumstances.
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neobuddha
10-17 06:37 PM
Hi,
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
In my case, it was concurrent filling on July 02. I received receipts of I-485, EAD and AP early Aug. However, I never received receipt for I-140. My Lawyer check the encashment of checks and found the LIN number. According to that number, my case was approved on Aug 30th.
However, we never received any receipt or notice of approval for my I-140. Thus, not sure, if everything is correct. My lawyer has promised me to check with USCIS guys and get more concrete information soon.
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pyaradesi
01-10 12:09 PM
Hi H1TechSlave,
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
I am guessing you are basing your proposal on the UC Davis report/link in your post. Yes, there are companies and individuals who are misusing the H1b system, but this is the case with any law, regulation not just immigration. You will never have a perfect system. An example of this is democracy, we are well aware that democracy with its virtues, comes with a price of chaos and corruption. This does not mean we opt for a totalitarian system.
The H1b represents the American Dream for Indians and a lot of other folks from across the world. Plumbers, carpenters, coal workers, homeless people, and literally bums were allowed to immigrate thorough Ellis Island without even needing a visa. Now to come and say that you need to be a genius to get an H1b visa, and IITs are not the best institutions is just preposterous. This report basically states that mojority of H1bs are incompetent folks who come from weak US universities. The Amercican Dream is a universal concept that should be protected at any cost. Protectionist legislation with stymie growth.
The report focuses on H1bs stealing American Jobs, is there any data on the kind of people being displaced, their qualifications?
Put aside the h1b for a minute, what about the agricultural workers who come here, do you need to be the best cherry picker in all of Mexico to work in the US?
Now, this report was published in 2003, it has been buried for good reason.
How do you define "Genius", is Albert Einstein a genius? Is this a measurable concept? Do geniuses create jobs? History tells us that geniuses made a lot of news and history but very little else. The world runs not because of geniuses, but because of a few smart people and millions of average folks.
Do we need to tackle mom&pop h1b sweatshops? yes, but not by changing the fundamental nature of "h1b".
hiralal
05-11 08:01 PM
What I intend to say is "No one will help you" - YOU HAVE TO HELP YOURSELF
Chandu ..your posts are always sensible and you describe the problems correctly ..I had a quick question though ..how do you help yourself / ourself (apart from donations to IV, volunteering etc) ?
do we meet congress man ,, if yes, then everyone should do it simultaneously .. but again they will talk about jobs for americans !!
and hence I say ..we need to meet realtors in large numbers ..show interest and make them salivate for your business and then back out of the deal !!!
Chandu ..your posts are always sensible and you describe the problems correctly ..I had a quick question though ..how do you help yourself / ourself (apart from donations to IV, volunteering etc) ?
do we meet congress man ,, if yes, then everyone should do it simultaneously .. but again they will talk about jobs for americans !!
and hence I say ..we need to meet realtors in large numbers ..show interest and make them salivate for your business and then back out of the deal !!!
gc_maine2
05-20 01:02 PM
Gurus
What should we write in these sections of Ap Application
Part 3: ( Still not decided the trip, but renewing the application for safe side.. so not sure what should we write? or leave blank?
Part 4:
Part 5: (should we leave this blank or say N/A??)
part 6: (should we leave this blank or say N/A??)
part7: checked (more than one trip), but for other fields.. should we leave blank??
If these are answered already please let me know the thread.
Thanks
sree
What should we write in these sections of Ap Application
Part 3: ( Still not decided the trip, but renewing the application for safe side.. so not sure what should we write? or leave blank?
Part 4:
Part 5: (should we leave this blank or say N/A??)
part 6: (should we leave this blank or say N/A??)
part7: checked (more than one trip), but for other fields.. should we leave blank??
If these are answered already please let me know the thread.
Thanks
sree
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