javadeveloper
11-25 05:13 PM
One of my friends got GC without any problems.He got substitution labor.
Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.
USCIS really rocks :D:D:D
Another friend (who didn't changed his employer) got RFE asking for employment verification letter.But many of his friends got GCs even after changing employer without any RFE.
USCIS really rocks :D:D:D
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Better_Days
03-04 02:44 AM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Suva
05-19 11:07 AM
Who has told you that he is on H1B. He could be on L1B also. Anyone can qualify under L1B.
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
No offence here.
There might be some Education evaluation when You first came to US, use that evaluation here too.
I have a question regarding this (no offense here, may be my ignorence)
for H1B. the minimum qualification asked for is Bachelors Degree and expereince. How come you entered US without a Bachelors from india.
TO NID
I think it's best to get an evaluation from wes.org and then go to the university to know how many credits you can get through this evaluation.
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immiguy
07-18 04:06 PM
ok- so , I am guessing the consensus is go with the earlier PD (+ EB3).
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
Also, is the SKILL bill is for people with higher ed from the US- both of us qualify for that as we both comepleted our MS in the US.
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yabayaba
08-18 09:34 PM
My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.
Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.
Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.
mammoy2k
09-21 07:11 PM
Look at the reason why I-140 can be denied:
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
a) Ability to pay
b) Your education
c) Your past experience, if shown
Now out of this, only ability to pay is, where you would need comaniy's help. Rest two, you have all the documents. If the company is a big one, then I dont think they would refuse you documents. I would be surprized that they issue RFE for ability to pay for a public company.
I do not know anyone who switched before I-140 approval but given Yates memo I dont think its difficult.
In my case, I work for a big public company. My education is from the US. My attorney ensured that we only claim the experience for which I have experience letter. The game I think is to minimize the risk.
You both are right!
Employer can revoke an unapproved 140 any time, but the revocation does not affect your 485 approval. The IO will approve your 485 in due course if 140 was approvable at the time of application (ie, if it has'nt been revoked).
However the trouble with invoking AC21 without 140 being approved is when there is an RFC. This 140 was not approvable at the time of application, because of additional documentation requirement... The original employer should be willing to answer it or else 140 will be denied and so will the 485.
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usgc07
02-15 10:04 AM
shensh,
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
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sk.aggarwal
07-23 10:45 AM
Moonrah,
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
I am in exact same situation as you. My 5 yrs on H1 are completing on December 2009 and have around 4 months outside US. We are expecting lay offs in a month or two, I am planning to wait it out and use this time to prepare for the interviews. I reached out to couple of consultants to do my GC as future employee but could not find any one. If anyone knows of someone who can help me please suggest.
Thanks
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smuggymba
03-14 08:28 AM
Yes, some of them do.
And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.
All you need is a team of 2-3 people reporting to you and one project in europe/australia and you'll qualify for EB 1 as per Infy's rules.
And depending on your luck/contacts/influence you might even extract an EB-1A out of them and get your GC in 6-9 months.
All you need is a team of 2-3 people reporting to you and one project in europe/australia and you'll qualify for EB 1 as per Infy's rules.
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nixstor
07-09 08:04 PM
I am planning to go to the USCIS office tomorrow for media coverage. Any one in the DC area willing to join? This would be between 10 am and 1 pm. send me a pm with your name, number for more info. I really want to hear from the people who were ready for the protest in DC. This is a good opportunity to explain what has happened and the root cause of the issue.
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kramesh_babu
09-08 10:55 PM
I just renewed my H1B visa for another 3 years, and I also have an approved advance parole document. If I leave the US before my H1B visa is stamped in my passport and re-enter the country using my AP, do I lose my H1B status? (that's what my attorney says)
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
How about my the H4 of my wife? She is already using EAD, so if we re-enter the country should she use the AP document or the H4 visa?
This is way too confusing...
If you use the "AP" to reenter then your status would be a "Parolee" because your I-94 will be stamped as "Parolee". You can still continue working for the same employer using your renewed H1B though.
But, If you want your status as "H1B" in your latest I-94 i.e. after the reentry, then you have to get it stamped & reenter using the same.
I hope this helps.
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fide_champ
02-15 08:56 AM
yes, you can. I did it last summer. the first officer at the border did not know the rule and said we could not enter, then an older officer came and said we could. they let us in with expired visa but approved h-1b extension notice
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
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Britsabroad
December 2nd, 2008, 06:34 PM
Hey Ed - I chickened out on the Abes deal after reading the reviews - sounds like they make you work hard for your discount. If you went for it, let me know the outcome.
So what made you switch?
Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!
So what made you switch?
Well... A friend of mine has a photography business and uses Nikon kit. For a long time I have been impressed by her out of the camera images (color and skin tones), particularly flash shots. She was achieving good looking images with far less processing than me. Her nikon zooms were great wide open too - mine were just OK (on a 20d) I was hoping that Canon would take a hint, & come up with a feature set to compete with the d300. They didnt do it, so I jumped ship!
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ragz4u
03-25 01:25 PM
Well How do you know that all the members who are registered with IV is aware of this Webfax? Did you guys notify them in anyway? Do you expect/mandate all the IV members should be checking the website/forums all the time? No Hard feeling.... Just my 2 cents
Krishjack,
Thanks for the suggestions, but
1) The immigration debate is really hot. Monday is when the action starts. its not something 2 years down the line. Hence, we hope that members keep on updating themselves by visiting the site regularly
2) We cannot send an email everytime we want to send a webfax because initially we were thinking of sending a new fax every 2 days last week. But on advise of QGA, we decided to send only one fax. If we had gone the route of sending a fax every 2 days, would it be appropriate to send an email every two days? We do not want to associate IV's newsletter with some junkmail that comes everyday!
Hope this helps
Krishjack,
Thanks for the suggestions, but
1) The immigration debate is really hot. Monday is when the action starts. its not something 2 years down the line. Hence, we hope that members keep on updating themselves by visiting the site regularly
2) We cannot send an email everytime we want to send a webfax because initially we were thinking of sending a new fax every 2 days last week. But on advise of QGA, we decided to send only one fax. If we had gone the route of sending a fax every 2 days, would it be appropriate to send an email every two days? We do not want to associate IV's newsletter with some junkmail that comes everyday!
Hope this helps
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crazyghoda
06-02 03:38 PM
If he buys a ticket with a return date AFTER 6 months from date of initial travel into the US, the officer at the POE (if he looks at the tickets) may not allow them into the country. Do not choose any date more than 6 months from initial date.
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northstar1
07-26 03:57 PM
My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?
From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.
This is MY understanding. Not sure if it is totally accurate.
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H1B-GC
08-14 04:02 PM
I'm trying to use Life Insurance from AAA. They are quoting $34 for $400,000 for 30 Year Term. They really dont care whether you are Citizen or on H1B.
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amitjoey
10-26 01:33 PM
The only people that know what we are going through and how much we have had to suffer becos of this backlog is us (the same people). Unless we open our mouth outside the IV Forum, talk to our congressmen/women, how can we expect relief?
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kams
08-08 04:40 PM
Damn, I am in the same boat! PD Dec 2004 RD July 27 2007.:mad:
F1_doubt
05-10 10:15 AM
Thanks a lot for the response Glus. So if I understand right, my chances of getting a non immigrant Visa (F1/B1/Visitor) is forever impaired because I decided to ditch US and leave for my home country once upon a time?
In other words, I can never step back into the US?
In other words, I can never step back into the US?
apt29
08-29 11:33 AM
Just had a general question. The 797 thats approved for any person, is that for a specific consulate? If we want to go for stamping to another consulate what do we do? Is that a lengthy procedure. Thanks friends.
as far as I know -
Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.
as far as I know -
Unless you submit form 825, It is possible to get stamped anywhere. However is it to the discretion of consulate whether to stamp or redirect to the visa post where the person belongs to. If you submit 825, copy of the approval notice will be sent to visa post selected and visa must be stamped there only.
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