Riakapoor
09-16 05:20 PM
here is an article from murthy about unemployment benefits:
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
Thank you!
MurthyDotCom : Unemployment Benefits and Impact on U.S. Immigration (http://www.murthy.com/news/n_unembe.html)
Thank you!
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Better_Days
12-01 12:55 PM
Guys,
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.
While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.
I want to know what are the chances of getting I-140 approve if we file a new petition and current I-140 appeal process is pending with USCIS. My I-140 was denied on education basis. In denial notice USCIS wrote that we did not prove that my 3+3 (Diploma + Engg degree from India) degree is not equivalent to B.S in Computer science from Labor certification.
Guys please share your experience with me since its important for me to get I-140 approve for future growth.
Thanks
To answer your original question, my I-140 under EB3 was denied on the basis that my 3-year Bachelor in Computer Science was not equivalent to a 4-year BCS degree. I appealed to the AAO and attached an evaluation from Sheila Danzig.
While the AAO was pending, I started the process from scratch by filing a new PERM and my second I-140 was approved. So I guess it is possible to file a new I-140 while the original one is under appeal.
RayP
12-11 02:31 AM
wow !! Good... so you too applied after your EAD had expired... and you continued to work on H1. That gives me a good feeling... thanks. Can you share your situation a little more (or I can give my email seperately). I was also wanting to know if you ae aware whether EAD can be applied from outside the US, just in case I had to do that...
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Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
more...
conchshell
09-21 09:31 AM
With US Govt. bailing out all banks from their debt, the house price will not fall so fast anymore. The reason is - banks are in not hurry anymore to sell the short sell or foreclosure properties because the losses are taken over by government. Normal house price will not compete with short sale/foreclousers anymore. This is what happened in 1989 too. This will stabilize the prices in coming months once congress makes the RTC a law.
yestogc
06-11 04:04 PM
Correction it 2 years out of 5 for maintaining PR
http://www.cic.gc.ca/english/newcomers/about-pr.asp
http://www.cic.gc.ca/english/newcomers/about-pr.asp
more...
sac-r-ten
03-12 09:54 AM
really funny...
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
but hey it should go in the "Lighten Up" thread, instead of creating a new thread. just a thought.
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apb
08-17 03:25 PM
My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.
Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.
In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.
If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.
Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.
I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.
There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.
And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.
Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.
In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.
If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.
Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.
I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.
There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.
And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.
more...
GotFreedom?
03-12 10:33 AM
Congratulations and Enjoy.
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pranavgandhi
07-16 12:59 PM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
Is there offered salary criteria associated with this category?
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
Is there offered salary criteria associated with this category?
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virtual55
05-06 06:41 PM
This conference is for lawyers and employers and organized by lawyers. The organizers are charging fees for it too.
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
First use your common sense and think positively instead of commenting posts
So what will IV gain by meeting lawyers and paying money to just get in?
Or by showing our face to USCIS official, Do you think by showing your face you will get your greencard and can promote IV? If that is true why don't you go and sit in front of USCIS and show your face to everyone entering that building?
And if you want to go then go. Why do you want IV to pay your $350?
First use your common sense and think positively instead of commenting posts
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rjgleason
January 5th, 2005, 02:08 PM
Just some saturation on the reds...but that's how it looks in real life
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
Fantastic shot, Freddy.......You have come into this forum with both guns-a-blazin' and your work is quite creative.
OH.....can you get me a diet-Pepsi????
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singhsa3
11-15 09:12 AM
Tri State Folks,
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
You just saw priority dates in Dec visa bulletin. What do you plan to do now?
I have some answers for you but would like to hear from you first..
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johnggberg
07-17 02:30 PM
but it dose not add any value, as the message does not give any more information then, what we already know
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meher
12-26 10:50 AM
Today based on the talks with my employer, he told that he will not be able to process my payments. I informed him that i am going to DOL. He has not committed but has said that legally he has to pay only the minimum wage requirement which is the 44000$ only. I am in the process to consult attorney at present.
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
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sammyb
10-19 04:54 PM
if you want to pay $100, it is easy. lesser amount is very difficult. I went through pain of using my banks online bill pay. It took me an hour to set it up. And couple of days back I received an email saying the bill has been returned - probably because it is more than 90 days!
I lost valuable time , IV lost some donation.
I am not sure why paying less than $100 has been made so difficult.
if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...
I lost valuable time , IV lost some donation.
I am not sure why paying less than $100 has been made so difficult.
if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...
more...
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raysaikat
07-30 07:18 PM
I am stuck out side of US for my name check for last 9 months when I applied for my H-1. I have approved I 140. is there any way I can file my I 1485 and Advance parole or any thing to get back into US.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
Some one has told me that I can use consular processing but have no idea about that.
Please help me and let me know what are possible options for me to return to US.
You cannot file I-485 unless you are physically present in the US. You can request a consular processing; i.e., for getting the green card when your PD is current, you will have to be in your home country where the IO in the US consulate will interview you (just like H1-B interview) and make a decision regarding whether to give you green card or not. Applying for CP or anything else connected to GC will not make you eligible to enter US. You must have a visa (or green card) for that.
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prioritydate
07-28 11:48 PM
Where is the presence of other guys? how many of them responded to "the country of birth" poll? People of other nations doesn't suffer as much as people of India.
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_shoonya
11-14 10:44 PM
Deleted
vpgreencard
07-30 09:46 PM
The date will move to sept 2002 since this is my PD and then it will stuck for another 5 years.
little_willy
11-25 12:18 AM
I would suggest just sending the G-28 forms with the new attorney information. Once this is submitted, call USCIS customer service a week or two later to confirm that the correct attorney information is on file. Later, if you wish, you can send the AC21 documentation. As always, any documents to USCIS should be sent by certified mail or something similar to show the proof if you need it later.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
As far as I know G-28 won't trigger an RFE but don't know about AC-21 documents. If you search the forums, you will find that almost always the AC-21 papers don't reach your file.
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