veni001
06-22 02:44 PM
Make sure your LCA and H1B will be amended with the promotion first....
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
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srikondoji
08-28 01:37 PM
Mine and my wife's EAD was filed online within few hours. Mine got approved while my wife's application was still pending.
Yes, USCIS is not processing on FIFO order at all. Calling USCIS will help, if you are almost close to ead expirationa and in danger of loosing job.
Don't waste time and be anxious about it, if you are months away from expiration.
good. finally calling USCUS helps and your wife got EAD.:)
in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)
so no one know in what sequence USCIS is processing EAD/AP/485!
Yes, USCIS is not processing on FIFO order at all. Calling USCIS will help, if you are almost close to ead expirationa and in danger of loosing job.
Don't waste time and be anxious about it, if you are months away from expiration.
good. finally calling USCUS helps and your wife got EAD.:)
in my case i have applied for EAD/AP on 31st July and the same way, i got direct CPO email (no case Approved..) on 26th Aug. spouse AP approved on 20th Aug (but on my AP and spouse EAD still no LUD)
so no one know in what sequence USCIS is processing EAD/AP/485!
ashish3
10-30 04:33 PM
Update to my case. Submitted Originally on July 2nd for I-140/I-1485. USCIS Sent back everything on Aug�28 stating Original Labor missing. Attorney sent back the case on Sep 11th with a cover letter that the labor could be requested by USCIS to DOL. The copy of ETA9089 & certified online copy was attached with the original case. I was hoping that they will accept the case this time as I have seen similar cases where they accept the case and issue RFE at a later date. Attorney also mentioned that he got receipts for similar cases like this.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
Today- USCIS returned back the application (both I-140 & I-1485) with the letter saying that the dates are not current even though the date stamped was July 2nd on the case. I talked to attorney and he is planning to send the case back to them giving examples on the similar cases and putting a strong cover letter. The final plan of action still needs to be finalized. Looks like I am the unlucky one presently from the batch of 400 K applications. I don�t know how to express my pain, agony frustration I have gone through the last 4 months. I don�t have words to express myself but just feel so terribly sad and disappointed from this whole process I have been going through... I am also planning to contact the local senators /congressman and sought their help & attention.
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andy garcia
09-08 07:53 PM
I filed for 485 in July without EAD and AP document since my H1B is valid for another 2 years. In a month's time the most unfortunate thing happened. The company that sponsored my H1B/Green Card just got acquired. It is anticipated that as a result several people will get laid off including me. I have yet to recieve the reciept notice for 485. What happens when something like this happens 180 days before? What are my options if I were to get laid off?
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
1) Get H1B transfer to another company and hope that old employer won't revoke I-140.
2) Don't get H1B transfer, don't work at all, apply for EAD and AP and wait for the next 5 months to pass. Again hope that employer doesn't revoke I-140.
I have very good relations with employer and so far I have never needed to bend any rules, but don't know what the new people will be like.
If you are on H1B status your employer has to cancel your visa once they lay you off. You need to transfer your H1 before they cancel it, otherwise you will be out of status.
more...
vivekm1309
04-07 10:44 AM
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
GCDo
04-24 12:33 AM
My lawyer just informed me that I received an RFE on my wife's 485
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
USCIS is asking for "Memorandum of marriage"
Is it the same as Marriage certificate. I have already send the marriage certificate which states that the marriage has been registered under Hindu marriage registration rules. My name as well as my wifes name and date of amrriage is there.
Why do they need this additional proof Not sure. Has anyone faced this RFE?
Looks like some crazy guys are working in USCIS hell bent on harassing legal immigrants.
I have been given just four weeks to respond.
more...
anuh1
03-25 01:53 PM
Yes you can recapture. Most of the people do the same way if they dont have enough time.
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vinzak
10-14 12:21 PM
Most likely her uncle sponsored his sibling and she was a dependant under 21 of that sibling (ie. one of her parent's) while applying.
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
Once she has a GC it doesn't matter how she got it. The same rule applies, unless she got it through marriage, which doesn't seem to be the case here.
To apply for citizenship she not only has to maintain residency but be present in the US for a majority of Five continous years. To maintain residency she only has enter the US once every year.
Is she normally resident in the US or outside the US?
more...
styrum
10-02 01:33 PM
Another bummer, of course, is that without GC you will be charged "out of state" tuition no matter how long you have lived in that state, except California and Texas, where, as far as I know, even illegals can get "in-state" tuition.:cool:
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snowshoe
12-20 01:28 PM
I enjoy both the shows very much and lately many other shows have started acknowledging their popularity (for example, CNBC's Kudlow takes pride whenever he is covered in their shows).
Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/
I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.
If he agrees to cover our situation it will help us a lot. Great idea OP.
Stephan Colbert has a pretty inter-active website: http://www.colbertnation.com/
I think we need to be pretty careful in the way we approach him, because he seems to be highly opinionated and passionate about things he cares for and at the same time he will go lengths to screw someone/something that he does not like/believe in. So I think IV core/media relations team should do their due diligence before contacting him.
If he agrees to cover our situation it will help us a lot. Great idea OP.
more...
bbenhill
03-05 06:30 PM
btw her location will be @ Portland, Oregon.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
Regards
Hi,
My sister in law will come to US using H4 visa, the problem is the health insurance does not want to cover her pregnancy since the pregnancy is already 6 months.
Any idea how to get insurance for her ?
Really appreciate your help ..
Regards.
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namm80
04-07 10:18 PM
H1B extension beyond 6 yrs is possible under 2 circumstances:
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
a) Labor was filed atleast 365 days before H1B expiry date - which makes you eligible for 1 year extension (NOTE: this does not depend on priority date being current/retrogressed).
b) I-140 has been approved and priority dates are retrogressed. This makes you eligible for 3 yr extension.
So CADude should get 1 yr extension is worst case.
Coming back to your scenario, i don't think you neccessarily need copies of I-140/LC to get H1B xfr. If you have receipt #s of either, you attorney should be able to file H1B xfr case. I know of people who did that in my company. Take a printout of DOL/USCIS case status information if you have receipt # available. If you don't have receipt # as well, then i am afraid, you are out of luck and AC-21 is the only option.
ok gurus here's my situation..
1) Employer A filed my green card and I140 is approved and its been more than 180 days since 485 is filed.. no issue here... recently got my 3-year H1 extension from employer A till 2011. this extension is for 7th, 8th and 9th year... so have already crossed 6 year limit.
2) got an offer and accepted the offer from employer B and employer A does not provide any info regaring labor or I-140...
3) Since H1 extension is based on my green card application, to do a transfer or renewal, copies of I140 and labor is required (according to company B's lawyer)
4) So in this case i'm forced to use EAD and company B's lawyer are evaluating if old and new job description are same or similar...
so now my question is, is it true that transfer/renew of H1 after 6 years without the copy of I140 or labor from employer other than the one filed for your green card, not allowed? is there anything that can be done in this case?
thanks guys..
more...
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pappu
01-20 10:33 PM
IV is not giving any updates on the public forums at this time and risk our ongoing efforts. Do not quote some annonymous members on other forums or this forum to elicit a response from IV. Do not continue to start new threads asking for updates and asking core members for answers. You, an IV member is our answer and you yourself can also provide answer to all of us by helping us. It is our combined effort that will lead to a solution for all of us. IV core is working hard to make something happen but you all are our legs and support us. We would like to encourage members to actively participate in state chapters, and they can get to know our action plans by participating in them. We also want members to actively participate in funding drive and we will be communicating with such contributing members. This would encourage members to help IV to help everyone and themselves with their efforts. Till now merely 154 members have commited funds in the past 1 week. We can get thousands of opinions on forums on a given subject, but it is really hard to have a meagre $20 contribution from members. Without contributions we will be limited in our efforts. It is very critical for our success and to achive our common goal. IV will not survive without being able to fund our efforts and members can continue to debate on various provisons on forums without much hope for any relief. Hope you will appreciate this POV, understand the gravity of this issue and help all of us in the IV community wth the ongoing monthly contributions drive.
Thanks
Thanks
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whitecollarslave
02-13 01:27 PM
http://www.mediafire.com/imgbnc.php/78355623a0ffd5d61a20d391bee048804g.jpg
Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.
This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.
Can we have the scanned copy of this letter posted on IV's homepage? Either replace the image for Sept 18th rally or put it above it so that its the first thing people see on the homepage. After the campaign is over we can change it back to what it was.
This is in no way to undermine anything about the Sept 18th rally. I just think that this would really help inspire a lot of people.
more...
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anilvt
09-18 10:31 PM
hello ras,
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
did u show up today at the rally man?
why don't you show this to congressman
why show us your inventions about GC fourth law ?
and other people like us who can't make decision and change the law?
after gc wud u like to invent citizenship formula
try to get some 50 eople in the next rally
Thanks
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chintals
10-23 03:58 PM
Just got email from USCIS saying EAD cards were ordered.
Please see details in my signature.
Please see details in my signature.
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bp333
07-02 11:58 AM
Per the updated bulletin. Can we apply or not apply 485.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
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reddymjm
03-17 02:01 PM
I am in same situation and had a meeting with my attorney to get more information, according to his experience with all his cases to date, he said there is 70 - 30 ratio, 70% have recieved rfe and 30% got approved without rfe. And after july fiasco he said it's better to wait for rfe and respond rather then ammending 485 application, now that's another question that my attorney will easily make it to top 10 list of all time worst attorneys. So I am looking for second opinion too.
So I would say wait till you get an RFE and respond ASAP.
So I would say wait till you get an RFE and respond ASAP.
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little_willy
08-20 01:56 AM
^^^^^^
BECsufferer
08-27 12:50 PM
Had the visit. Went very pleasant but fruitless. Officer told me all checks except "background" check had been done. Beyond this, she refrained from making any usefull remark.:rolleyes:
BTW: It's a nice big and open facility!
BTW: It's a nice big and open facility!
RandyK
11-28 11:47 AM
I guess we have to keep all this in mind when we ask for a bill that would solve the retrogression problem. Solving one problem and getting into others and ending up in the same place does not make sense.
Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.
Maybe we can suggest some relief measures to be added on to SKIL or CIR bill itself anticipating what USCIS, FBI and whatever other relavent organization is going to face, specially if something like the CIR passes, there is no way the current setup will be able to absorbe 12 to 20 million more cases even if they are added to the back of the list, giving priority to who is already in the pipeline.
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