indyanguy
07-16 10:42 AM
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.
Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
Interesting. My Labor says
14) Education BS,
Years of experience 3
15) Other Special Requirements "MS + 1year" OR "BS + 3 years".
I have a MS. My lawyer says this is a EB3 application. 140 still pending. The receipt however says "Skilled Worker". Any possibility my 140 gets approved as EB2?
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anandrajesh
08-15 11:55 AM
USCIS is making contradictory statements. First they release an update that they have processed all applications mailed before July 1 but when I call customer service and tell them that my application was mailed on June 11 and that I am still waiting for the checks to be cashed they say wait for 90 days.
Welcome to the Weird World of USCIS where there are no rules to be followed.
Welcome to the Weird World of USCIS where there are no rules to be followed.
chanduv23
03-25 02:24 PM
I went to Chennai and Hyderabad thru Dubai in last 2 years. I felt it was really nice. No transit visa stuff. Good veggie food, lot of entertainment and good service. A bit costly compared to other airlines. On overall good experience and no regrets for higher price
My experiences have been the best with Emirates and have always travelled Emirates. But the last time I travelled, I had a bad experience.
I travelled from JFK to Chennai in August, 2007 and my baggage did not come in the same flight. They had to trace the baggage and then both my bags arrived in 2 different days and I had to buy clothes, shoes, nightwear but Emirates reimbursed and gave me like $60 in cash for all expenses.
Apart from this, I have had pleasant experiences with Emirates and will continue to fly emirates.
My experiences have been the best with Emirates and have always travelled Emirates. But the last time I travelled, I had a bad experience.
I travelled from JFK to Chennai in August, 2007 and my baggage did not come in the same flight. They had to trace the baggage and then both my bags arrived in 2 different days and I had to buy clothes, shoes, nightwear but Emirates reimbursed and gave me like $60 in cash for all expenses.
Apart from this, I have had pleasant experiences with Emirates and will continue to fly emirates.
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Leo07
03-31 03:03 PM
Good Luck!
more...
vts31
10-22 04:23 PM
wtf! u guys are fast!
bang
01-07 05:03 PM
Thank you all for your repiles. I have asked my wife to talk to their lawyer directly.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
It is not a rule, but it depends on how the approval is given by USCIS. If you get a extended I94 along with the H1 approval then you are all set, if you get an approval with no I94 then you need to get a stamping before starting work. Consult lawyers they will explain it better.
My wife went through the H4 - H1 Conversion which got approved last week, we are still wating to see the approval document.
more...
paulinasmith
08-10 09:05 PM
I am an EB3 applicant with PD of Sep 2004. I have an EAD but I haven't used it yet. I am still on H1-B.
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
I have 12 years of experience and a masters degree and given the hopeless EB3 backlog, I have been looking for other suitable employment opportunities (EB2) for the past few weeks.
I have a few questions for the IV members who have switched to new employers and have successfully ported EB3 to EB2:
1. Should I use my EAD and invoke AC21 to transfer to a new employer or should I ask them to file H1-B transfer.
2. How soon is it reasonable to ask the prospective employer to file EB2 labor? I do not want to blow up an opportunity being unreassonable.
In my mind, I am thinking about asking the employer to file for EB2 labor and use my EAD to start working. This is under the assumption that asking an employer to do H1-B transfer and also file EB2 labor might be too much to ask (expense wise) .
Any suggestions/ advice appreciated.
My employer started green card process in November 2009 and still PERM is not filled with DOL (August 2010).Getting a PERM into DOL system and getting it approved/certified is the biggest hurrdle these days.....
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gc_coming
07-18 07:04 PM
This is what my lawyer says : "When the I-140 is already approved, there is no need to submit such letter.
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
Only in the rare event that you have an interview at the time of
adjudication of your I-485, then you must bring a recently dated letter
stating such only for the purpose to reaffirm what they have already
approved on the I-140. Interviews for Employment based cases are issued
randomly. There is no reason to worry about this." Is it correct ?
more...
bipin
03-18 12:44 PM
Answers to your Questions:
My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.
And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)
Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.
My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.
Cany Any Attorney/Member suggest?
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
My first labor was applied with my first company in 2004. In Pre-PERM era separate State and Federal labor approvals were required. My state labor was cleared, and federal pending. When they introduced PERM in June 2005 all the old cases were moved to BRC (Backlog reduction Centre, which was closed in Oct 2007). My labor started rotting in BRC and my then employer was not willing to file a PERM saying, they have to withdraw the current labor and I'll lose my PD. So I was looking for a new employer and got this guy in Aug 2006. Most of us all must have gone with many deals with the employer like 80:20, 95:5 plus payroll tax etc. and in my case the deal was I'll take all immigration related costs hoping for a faster GC.
And now H1 transfer w/o paychecks, yes, it's not possible per law. But it's not always per book, like 3 year degree holders got GC thru EB2 few years back, now they can't even get EB3. So with my current company's attorney I got H1 transferred (Yes, there were RFEs on paycheck!)
Isn't my case shows how this employer based immigration system is completely broken. This guy didn't bring me here, he didn't get me any project, but I had to go to him to get my GC. He must have come here like me few years before and he screwed my life! I'm stranded now after 8 years working here, and he became richer from his cut of my salary.
My question is, he cancelled my H1 in Aug 2008. It's been 19 months since then. Is there an statutory limit after the violation to file a complain? Also now it looks like he closed the company which was in NJ. The company was registered in DE and I worked for him in CA.
Cany Any Attorney/Member suggest?
Dear Friend,
We don't know what was your understanding between you and your ex-employer, It seems to me that you voluntarily paid money when you are not supposed to. I am also not sure how you got an H1 transfer without getting paid... Lot of question marks ??? Its better you talk to a qualified attorney and get their opinion. You can definetly go after the ex-employer for not paying you which they are legally bound too.. You will get all your $$$$.
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LondonTown
03-08 03:38 PM
Londontown
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
Thank you for your reply.
If you can ask, what documents your friend submitted to renew the EADs-- Was it pending 485 receipts OR appeal receipt for I-140?
sorry to hear about your denial.
Regarding my friend, His 140 was denied but he was already on EAD by then.His 485 was not denied ( maybe they were not processing his 485 at that point.He is a july 07 filer under EB3-I). The appeal for 140 denial was filed and it is still pending(8 months now). Meanwhile a 2 yr EAD has been approved.
I am not sure if this process is followed for everyone as each case has its variables.....
hope this helps...
Thank you for your reply.
If you can ask, what documents your friend submitted to renew the EADs-- Was it pending 485 receipts OR appeal receipt for I-140?
more...
nozerd
09-06 01:42 PM
Can H1 visa stamp be used for travel convenience ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
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harikris
12-05 09:56 PM
Hi maverick_iv and smuggymba - thanks to you both. between you two, all my Qs are answered.
I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.
Thanks.
I will mail the app and then go visit the embassy after 10 days - i think that will be more effective.
Thanks.
more...
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ca_immigrant
12-19 07:32 PM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
...lol......old age brings some mental issues....I like that ;)
take it easy folks....just ignore what Pat B@#$#@% wrote.......
only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....
...lol......old age brings some mental issues....I like that ;)
take it easy folks....just ignore what Pat B@#$#@% wrote.......
only a jacka** (who probably does not want to work hard) like Pat would be worried about loosing his job to others.....
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realist
11-19 08:28 AM
I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa
more...
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don840
04-10 10:58 AM
bump
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Anders �stberg
June 18th, 2005, 09:44 AM
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more...
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realist
11-19 08:28 AM
I have a similar situation, I would like for my brother to come here on a visitor's visa. He is an engineer and is currently working in a University. It would greatly help if you could share your experience on how and if you were successful in getting the visa
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Sp�rL
05-10 08:55 AM
Yes i have Microsft Visual Studios C++ 2005 (i think its called that)
but i dont have any of the help files :( lol
but ill give looking at the coding of a precoded Win32 app a go.
otherwise more hard work to find things out. :(
peace out.
but i dont have any of the help files :( lol
but ill give looking at the coding of a precoded Win32 app a go.
otherwise more hard work to find things out. :(
peace out.
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nlssubbu
12-17 04:00 PM
I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
The labor was filed as software engineer whose description says that this was java focussed intense programming position.
I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.
I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)
what do you think?
The other option is start a fresh labor with PERM and followed by another I-140. You can then port your existing I-485 with the new offer and continue your GC process where you left. You may need to check with your future employer that they are willing to do this for you. If not, then it will be a risk.
Thanks
kumarc123
01-15 12:17 PM
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
dilber
07-16 06:24 PM
How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
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