sam_hoosier
12-18 12:37 PM
Looks like the EB2 dates for india have retrogressed by two years. I am applying for green card and would like to know if I shouls go with EB2 or EB3.
Thanks for your help...
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
Thanks for your help...
I dont think its as simple as choosing between EB2 or EB3. It would depend on your job description and which category the job qualifies for. Not all jobs would qualify for EB2. You should consult an immigration attorney to discuss your case.
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veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
pthoko
08-03 10:02 AM
Hi,
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
I filed for I-485 in July 2007. At that time I had an out-of-status issue. I had discussed the option of going out of the country and re-enter(to have a clean slate) before filing with my lawyer, she suggested going to Canada was more riskier.
There was a delay in switching from L1 to H1B after H1B and a change of status was approved in Oct 2005. I switched to my H1B employer only on April 1st 2006. So probably was out of status for 182 days.
Is it a given that USCIS will find this issue?
I was reading about the 245(k) memo, that USCIS can forgive up to 180 days of 'out of status' since the last lawful entry.
I haven't gone out of the country since Jan 2005. So still had 182 days of 'out of status' when the 485 was filed.
I'm planning a trip outside of the country by end of October. My question is that, will my re-entry (using H1-B) and subsequent stay in correct status be good enough for 245(k) ?
Will my previous 182 days of 'out of status' will be erased and overlooked for 485 purposes?.
Or did I have to have a clean status at the time when 485 was filed? Re-entry and maintaining status after filing 485 does not count ??
Greatly Appreciate any reply.
Thanks!
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JazzByTheBay
08-08 05:54 PM
In the same boat...
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
Oops - I am also in same boat:(.
--
PD: 03/08/2006
RD: 07/02/2007
ND: 08/10/2007
Transferred from CSC to NSC: 09/05/2007
Oops - I am also in same boat:(.
more...
gc_maine2
05-15 11:44 AM
Good JOb Learning01 for your efforts, and Thanks Ras4u for posting it..
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
Bloomberg story at International Herald Tribune: U.S. firms press Congress to open door to technology workers (Link (http://www.iht.com/articles/2006/05/14/bloomberg/bximmigrate.php))
newbie2020
06-12 07:11 AM
Now as mentioned by multiple people some things are not clear
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
Here is my situation:
a. H1 Expires Dec 31 2008
b. Perm applied 02/2008 and approved 04/2008
c. I-140 applied and pending since May 2008
As you can see i have a gap of over 2 months between H1 expiry and 7th yr extn.
Given the scenario above should i wait until Nov 1 to apply PPS for I-140 and then apply for H1 extn??
given the time taken for H1 extensions (regular) my employer may want to apply for H1 extension atleast 3-4 months prior to expiry.
Any thoughts...
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mirage
07-05 12:40 PM
It is even better. Atleast we'll get the media attn..
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samrat_bhargava_vihari
02-12 09:43 AM
http://immigrationportal.com/showthread.php?p=1607056#post1607056
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abhay
01-19 09:40 PM
Hi All
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
Mine is EB2 Category, On May 18th 2009 USCIS sent an RFE and my case status on USCIS website changed to this
"On May 18, 2009, we mailed a notice requesting initial evidence in this case. Please follow the instructions on the notice to submit the evidence requested. Meanwhile, processing of this case is on hold until we either receive the evidence or the opportunity to submit it expires. Once you submit the evidence requested and a decision is made, you will be notified by mail. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."
My Lawyer submitted the response for RFE with in 30 days (Sometimes in June before June 18th). My online status never changed and my lawyer assured that she has signature proof of receipt from FedEx, After 60 days, after pressure from me her paralegal sent an email to me Saying that she spoke with some one named XYZ from Texas Service center and he said that they have received the response, I waited until December and the status still not changed so I decided to call USCIS, they opened case for me on Dec 10th since it was outside processing time, and on Jan 17th 2010, I received a letter from USCIS with the reulst of investigation and it said+
"Status of this service request is:
The TSC has not received your response as of to date.
XM271"
I panicked and wrote an email to my lawyer and he said that
They just looked on the online status for your letter and Please be careful not to do separate inquiries apart from the lawyer as they now might not allow the lawyer to get case update for you. It is important to have on channel for updates since files get moved around and can get lost. If you wanted us to do the inquiries, please let us know and we can see if they will still let us. we are sure everything is fine as we have confirmation they got the response. We charge hourly at $250 per hour for time spent on the case beyond an initial inquiry."
I am going to contact my employer and express my concerns and see what they can do.
My questions are
Does the online status never get updated sometimes?
Does contacting USCIS directly creates problems for contacting USCIS on my behalf?
Any suggestion for me how to proceed with this?
How do I get the online status changed?
Thanks for all your help.
Regards
Abhay
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whitecollarslave
02-08 02:52 PM
I'm not sure it will be taken up by AILA -- I was so surprised by the resistance I encountered when I asked a well known attorney with a blog (v. popular with IV members) to submit this question to the AILA committee which reviews topics for liason meetings, and it took several rounds of email and some very severe rhetoric from me to even get him to send it to the committee! I feel it is terrible that our self-professed advocates hesitate even to ASK a question, let alone propose specific reforms...
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
The deadline for submitting questions is Feb 15 -- so if you are interested, get in touch with your attorneys and send in the question. Maybe numbers will move them.
Can you provide some more information on the AILA liaison meetings? Excuse my ignorance but I have never heard of it before.
Can we ask AILA to support the letter campaign? Specifically, can we ask AILA to push for recapturing 218K unused visas and clarification on how they might be allocated, if recaptured?
Thanks!
more...
amsgc
01-23 12:08 AM
The objective of the employment based preference system is to give certain professionals, who are ostensibly more useful to the country, a better shot at the Green card than others. So in the long run, EB2 is a better bet than EB3.
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
However, given the current situation, it really doesn't matter - if you are born in India, you are in for a long wait in either category.
Your best bet is to first educate yourself about the process, discuss with peers, friends and employers, about the endless wait, and then work with them to bringing about a change in govt. policy and possibly some change in the law.
Im hearing that most of Indian filers filed for EB2 which has lead to EB2 demand outstripping EB3.
So of the two tortoises EB3 might move faster than EB2.
Any comments ?
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ek_akela
06-14 01:05 PM
Finally after waiting for 5 yr of waiting I am ready to file for 485...a quick question. Last Year I applied for H1 extension along with H4 for my wife.for some reason she didn't get the approval notice(online case does show her case approved ) Now for 485, I need to send her H4 which I don't have..What options do I have? I asked my employer and he was clueless..
He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o
He said you can print online case approval status(webpage) and send it along with H4 reciept notice or apply for I 824(application for approved petition) which I am not sure how long it would take..I coulnd't find any premium processing info for I-824
It's quiet depressing, after waiting for so many years, you still left uncaught when final moment comes :o
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sumithooda
01-12 11:58 AM
gcdreamer05:
Is there something we can do to avoid this PIMS delay.......
Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.
Kiran K02
Masterji, I will not be able to come on AP as my Passport is in Application Package.
If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.
Thanks
Is there something we can do to avoid this PIMS delay.......
Yes, You should be able to find out a contact number and call them in advance with you appointment details handy and ask if your details in PIMS are uptodate with your current H1 extensions and stuff. This call would be free in india, but if you have appointment in CANADA, they do charge some money for that call to CANADA.
Kiran K02
Masterji, I will not be able to come on AP as my Passport is in Application Package.
If they dont have your details inPIMS they would send your passport back by post and would askk you come after particular time when they have details and so on. So once you have your passport you can always fly with AP. This is the sole reason why people say to carry AP as back-up.
Thanks
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indian
11-17 12:51 PM
of the passage of the US-India civil nuke deal for us here is that with this piece of legislation out of the way, IV should find it easier to draw upon the resources of the USINPAC and India caucus.
Before this bill's passage, I doubt anyone from Indian caucus/influencial Indians with serious connections in congress would have bothered to listen to or do anything for IV.
Now that its done, we should find it easier to draw upon the strength of India caucus.
IV is not india-specific. But fact remains that Indians are among the worst affected w.r.t. current skilled immigration policies. If we can use that as our strength and draw upon the resources of India caucus/indian-american community, everyone here benefits.
Before this bill's passage, I doubt anyone from Indian caucus/influencial Indians with serious connections in congress would have bothered to listen to or do anything for IV.
Now that its done, we should find it easier to draw upon the strength of India caucus.
IV is not india-specific. But fact remains that Indians are among the worst affected w.r.t. current skilled immigration policies. If we can use that as our strength and draw upon the resources of India caucus/indian-american community, everyone here benefits.
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gparr
July 18th, 2004, 07:41 AM
My apologies if everyone is sick of looking at my flower images. This bloom is from what we call spider plants. They're a unique very open bloom with just a few petals and long stamens/anthers. Separating out one bloom and getting enough DOF proved very difficult to impossible. Would appreciate any suggestions.
Gary
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Nikith77
03-12 03:55 PM
Just Relax, And Enjoy the ride.
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abdulazeez77
08-14 04:16 AM
Hello All,
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
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ttdam
11-07 04:09 PM
Hi ttdam:
Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?
My 485 was sent to TSC and then Fwd to VSC and came back to TSC. It never went to NSC
EAD was issued from VSC, AP query for PP copies was issued from VSC as well
Your 485 was moved from NSC to TSC, and so was mine, and I got FP recently. My EAd/AP was filed in NSC on Aug 10, got receipt notice, but no other news yet. where did you file your EAD/AP, is it in NSC? If so did you get your EAD?
My 485 was sent to TSC and then Fwd to VSC and came back to TSC. It never went to NSC
EAD was issued from VSC, AP query for PP copies was issued from VSC as well
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whitecollarslave
03-31 02:41 PM
I have transfered or renewed H-1 multiple times. Never had a situation where an employer will not provide the salary slip. Who is your employer?
number30
03-18 03:56 PM
I was working with a company until November 2007. I went to India in Dec and came back in Feb and was out of project until April 2008. During this time my relation with my employer gone bad and he threatened to cancel my H1. I transferred my H1 to the new company and is on project and is working with them from May 2008 till now. For the 8 months I worked in 2008 I got a total salary of 50,000 based on annual salary of $75K. This is less than the prevailing wages. Since my W2 is only $50,000 I'm worried about my immigration prospects. My previous employer withdrew my I140 application. I’m in my 6th year and just started my Labor process with the new company.
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
My current company is ready to help me, but they cannot run any payroll for last year, but can provide bonus for last year to make the total of last year up to $60k. They are a small co. and have never done this before.
How can we include this bonus in my W2 (I haven't filed my taxes so far, the company also hasn't filed their 2008 taxes)
What is the wage mentioned on LCA for the H1 ? Is it more then 50K?
ganesh_sholapur
11-08 08:29 PM
Dear all,
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
Currently working for ABC company with L1B visa, which expiring in Dec 19th 2008 and i am here in USA now along with my dependents.
But this year i got my H1B approval and having my documents, as my filing was done from India, i do not have I-94 at this time.
My quires are.
1. Do i need to go for stamping in Canada or Mexico
2. Can i work for company B with my H1B approval
3. To start my new job, do my employer should change my status
4. If going for stamping do my dependents also should join me.
Actually i have very short time to make my plans , please help in finding solutions for all my quires.
With Regards
Ganesh
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