amitkhare77
12-16 08:33 PM
here are few things, you will find this in many threads but I will repeate again
1. It's not your qualification, it's the Job's qualification which should satisfy the EB2 requirement on the first place. In other word I can hire a PhD for Java developer position, that does not automatically allow the candidate to file GC in EB2 category because candidate has PhD.
2. When you joined the company you had Bechelor degree, that means your job desc did not require a Master's degree. If you did MS after joining that does not mean now your job requires Masters hence qualifies for Eb2
3. You have been working in this job for 3 years. this 3 years will not be counted towards you EB2 qualification unless the JOB Desc you file is 50% different than your current job.
I think your attorney is providing right information.
Here is what you can do -
If you comapny is ready to change your Job description and file an H1B amedment then you can use your masters degree and experience with current company. make sure the new job is more than 50% different than your current job desc in H1B. As you mention you are working with a consulting company this may be subject to discussion. technically every time you change client your job desc changes.
This is completely my understanding/experience about labor filing process so please use this info with your judgement.
Hi
I am Vietnamese and got master degree for Computer science at 5/2007 in US. Then i started working as Programming analyst for a India IT consulting company in NJ at 12/2007.
Before working for this company, i don't have any working experience in Vietnam or US.
Now (12/2010) my employer want to sponsor Green card for me.
I can ask my employer to put Master degree in the job requirement (for PERM). They are okay with that. I think it good enough for sponsoring Green card with EB2.
But when i talked to the attorney, he said that i am not qualify for EB2 because i didn't have any US experience before joining my current company.
He said that even i have been working for my current company for 3 years but this 3 years is not counted for eb2.
For eb2, i need to have at least 3 years of US experience before joining my current company.
I don't know if he is right or not. i think master degree is enough for eb2.
Please let me know if i go with eb2 or not. eb3 will take too long for me.
If I can go with Eb2, what should be the job title for me to file Labor certificate? Currently I am working at Sr java developer at a project of one of clients of my consulting company.
Thanks.
1. It's not your qualification, it's the Job's qualification which should satisfy the EB2 requirement on the first place. In other word I can hire a PhD for Java developer position, that does not automatically allow the candidate to file GC in EB2 category because candidate has PhD.
2. When you joined the company you had Bechelor degree, that means your job desc did not require a Master's degree. If you did MS after joining that does not mean now your job requires Masters hence qualifies for Eb2
3. You have been working in this job for 3 years. this 3 years will not be counted towards you EB2 qualification unless the JOB Desc you file is 50% different than your current job.
I think your attorney is providing right information.
Here is what you can do -
If you comapny is ready to change your Job description and file an H1B amedment then you can use your masters degree and experience with current company. make sure the new job is more than 50% different than your current job desc in H1B. As you mention you are working with a consulting company this may be subject to discussion. technically every time you change client your job desc changes.
This is completely my understanding/experience about labor filing process so please use this info with your judgement.
Hi
I am Vietnamese and got master degree for Computer science at 5/2007 in US. Then i started working as Programming analyst for a India IT consulting company in NJ at 12/2007.
Before working for this company, i don't have any working experience in Vietnam or US.
Now (12/2010) my employer want to sponsor Green card for me.
I can ask my employer to put Master degree in the job requirement (for PERM). They are okay with that. I think it good enough for sponsoring Green card with EB2.
But when i talked to the attorney, he said that i am not qualify for EB2 because i didn't have any US experience before joining my current company.
He said that even i have been working for my current company for 3 years but this 3 years is not counted for eb2.
For eb2, i need to have at least 3 years of US experience before joining my current company.
I don't know if he is right or not. i think master degree is enough for eb2.
Please let me know if i go with eb2 or not. eb3 will take too long for me.
If I can go with Eb2, what should be the job title for me to file Labor certificate? Currently I am working at Sr java developer at a project of one of clients of my consulting company.
Thanks.
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Saralayar
04-04 08:02 PM
Hi,
I got RFE on my I485 regarding birth certificate, which is as below:
You have applied for adjustment of status under the name of <LastName>, <FirstName> <MiddleName>. This differs from the name currently recorded in your USCIS record. The birth document you submitted lists your name as <FirstName> Kumar. You did not list the name Kumar in any of your documents. In addition, the affidavits submitted do not acknowledge this name from the birth certificate. You must submit evidence of your full legal name, such as a civil birth certificate or current passport and explain the discrepancy.
My supporting affidavits to USCIS correctly stated <LastName>, <FirstName> <MiddleName>.
My Birth Certificate was from Mumbai India and it had name of child as "<FirstName> Kumar". Most of the birth certificates issued before in India were hand-written & the officials used to write Kumar for male child and Kumari for female child suffixed after the <FirstName>.
If anybody has been in the same "Kumar" situation as me, please share your experiences. What evidence did you submit on RFE and how did your case get back to processing.
Appreciate any immediate help as I have just 2 weeks to respond to RFE.
Please fill your details first. It will be good for others to give correct answers to your questions and IV also will have the right details for any statistics on immigration issues.
I got RFE on my I485 regarding birth certificate, which is as below:
You have applied for adjustment of status under the name of <LastName>, <FirstName> <MiddleName>. This differs from the name currently recorded in your USCIS record. The birth document you submitted lists your name as <FirstName> Kumar. You did not list the name Kumar in any of your documents. In addition, the affidavits submitted do not acknowledge this name from the birth certificate. You must submit evidence of your full legal name, such as a civil birth certificate or current passport and explain the discrepancy.
My supporting affidavits to USCIS correctly stated <LastName>, <FirstName> <MiddleName>.
My Birth Certificate was from Mumbai India and it had name of child as "<FirstName> Kumar". Most of the birth certificates issued before in India were hand-written & the officials used to write Kumar for male child and Kumari for female child suffixed after the <FirstName>.
If anybody has been in the same "Kumar" situation as me, please share your experiences. What evidence did you submit on RFE and how did your case get back to processing.
Appreciate any immediate help as I have just 2 weeks to respond to RFE.
Please fill your details first. It will be good for others to give correct answers to your questions and IV also will have the right details for any statistics on immigration issues.
gc_chahiye
04-18 09:09 PM
3. Transfer the H1, just a copy of H1 approval needed, and I-140 approval notice is not required. The H1 with new company should be for 3 years, as your original approval was for 3 years. No matter how many years you have been on H1 prior to this approval.
Are you sure? I think this applies only if you are within your 6 years of H1. If you are transferring in the 7th year or later, then you will need a copy of the I-140 approval notice. Do you know of anyone who has got a 3 year extension in the 7th year or later without a copy of the I-140?
Are you sure? I think this applies only if you are within your 6 years of H1. If you are transferring in the 7th year or later, then you will need a copy of the I-140 approval notice. Do you know of anyone who has got a 3 year extension in the 7th year or later without a copy of the I-140?
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sreeanne
02-05 10:07 AM
any replies?
more...
crystal
09-10 04:47 PM
Jaime my friend
I am with you. But why you are opening so many new threads to convey the same message when already there are many active threads on top with the same message? To be frank your color coding and font making it hard to read and making me to ignore them and I am afraid people would start ignore the threads opened by you.
I am with you. But why you are opening so many new threads to convey the same message when already there are many active threads on top with the same message? To be frank your color coding and font making it hard to read and making me to ignore them and I am afraid people would start ignore the threads opened by you.
ajay_m
03-23 06:11 PM
Hi Friends,
I am in need of your advise to take the appropriate action on my case.
I have valid H1-B visa till Sep 2009 and I was issued I-94 at POE till May 2008 due to expiry of my passport. I renewed my passport now.
Is there any way to extend the I-94 with out leaving country?
If I have to leave then I prefer to go to Canada, Is Canadian visitor visa required in my case to go to Canada by car via Niagara falls?
Please advise
I am in need of your advise to take the appropriate action on my case.
I have valid H1-B visa till Sep 2009 and I was issued I-94 at POE till May 2008 due to expiry of my passport. I renewed my passport now.
Is there any way to extend the I-94 with out leaving country?
If I have to leave then I prefer to go to Canada, Is Canadian visitor visa required in my case to go to Canada by car via Niagara falls?
Please advise
more...
simple1
09-06 07:31 PM
some countries allow part of LTR years to be counted as part of citizenship "residence requirements". For example in australia.
"Up to three (3) years of temporary residence will count towards the four (4) year residence requirement for citizenship."
We need to convince the law makers to ammend the INA to allow some years (approx 45 months out of 60. like 75% as it is in australia 3 out of 4 years) of LTR years (legal temp residence like h1b, l1b etc) to be counted as part of residence requirements for citizenship.
Atleast some part of AOS/I485 to GC dates are counted.
"Up to three (3) years of temporary residence will count towards the four (4) year residence requirement for citizenship."
We need to convince the law makers to ammend the INA to allow some years (approx 45 months out of 60. like 75% as it is in australia 3 out of 4 years) of LTR years (legal temp residence like h1b, l1b etc) to be counted as part of residence requirements for citizenship.
Atleast some part of AOS/I485 to GC dates are counted.
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amsgc
12-05 09:26 PM
Hello,
I live in the Atlanta area, I will be happy to work with you guys in this effort.
I live in the Atlanta area, I will be happy to work with you guys in this effort.
more...
manja
06-17 09:32 AM
Is there any source for the rumors that visa re-capture might happen or even that the per country visa limit be removed for EB2 applicants..
Who will work with us to get this passed and when? If this is a peice meal then of course it's not a part of CIR.
Why just EB2?
Who will work with us to get this passed and when? If this is a peice meal then of course it's not a part of CIR.
Why just EB2?
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swo
07-03 01:40 PM
This is what I thought would happen.
I fully expect there will be applications that were "documentarily qualified" and had visa numbers allocated to them last week but for which final post-number-allocation approved will follow in the next few coming days.
After all, just because they have the number allocated, doesn't mean that they got around to pushing the final figurative "Case Approved" button. They could theoretically get to that later.
In fact, it wouldn't surprise me if there were quite a few like this. After all, given that they wanted to get all the available numbers before the beginning of July, they could have been as focused during those last couple of days, on getting numbers alloted, as they were on concluding applications for which they had just already received numbers.
Then, with the flow of new applications closed, they could focus on finalizing those remaining with alloted numbers and send out the approval notices.
One question that might be raised is, what constitutes "documentarily qualified" to have received that previous visa number. I suspect EVERYTHING had to be in order, but who knows. I'm curious to know if, for example, anyone with only Fingerprinting outstanding, might be assigned a number. That would change the complexion of things quite a bit for a few filers that are still waiting. I had my FP appointment on June 29th so I'm probably out of luck. But who knows!
Either way, MLS, congrats! You've been waiting a long time. You've earned it.
And I think you message regarding a degree of emotional neutrality, (as much as might reasonably be expected, anyway) is a good message.
People who rant here endlessly about USCIS being 'out to get us' set a cancerous tone that is the result of understandable frustration but does nothing but propogate rumours, negativity and panic.
Again, GOOD FOR YOU :)
I fully expect there will be applications that were "documentarily qualified" and had visa numbers allocated to them last week but for which final post-number-allocation approved will follow in the next few coming days.
After all, just because they have the number allocated, doesn't mean that they got around to pushing the final figurative "Case Approved" button. They could theoretically get to that later.
In fact, it wouldn't surprise me if there were quite a few like this. After all, given that they wanted to get all the available numbers before the beginning of July, they could have been as focused during those last couple of days, on getting numbers alloted, as they were on concluding applications for which they had just already received numbers.
Then, with the flow of new applications closed, they could focus on finalizing those remaining with alloted numbers and send out the approval notices.
One question that might be raised is, what constitutes "documentarily qualified" to have received that previous visa number. I suspect EVERYTHING had to be in order, but who knows. I'm curious to know if, for example, anyone with only Fingerprinting outstanding, might be assigned a number. That would change the complexion of things quite a bit for a few filers that are still waiting. I had my FP appointment on June 29th so I'm probably out of luck. But who knows!
Either way, MLS, congrats! You've been waiting a long time. You've earned it.
And I think you message regarding a degree of emotional neutrality, (as much as might reasonably be expected, anyway) is a good message.
People who rant here endlessly about USCIS being 'out to get us' set a cancerous tone that is the result of understandable frustration but does nothing but propogate rumours, negativity and panic.
Again, GOOD FOR YOU :)
more...
bkshres
02-14 04:41 PM
Rather than supporting Obama or Clinton, I think its us who created this H1B issue last year. What I mean was, it was mostly because of IT consulting company who is hiring people wildly from US and lot from outside US. and everyone had to suffer from it. I only wish separate category to those who graduate from USA than those who are applying H1B outside USA. Students come to USA, work so hard and when its time for H1B, its been taken by someone in India or somewhere outside USA which I dont' think is fare.
And these IT consulting companies hire people wildly no matter whether you are in IT field or not because in USA, IT is not the only field. How about for people in other field. Because of this, all people suffered last year which never happened before. There should be strict quota for each company to file H1B.
And these IT consulting companies hire people wildly no matter whether you are in IT field or not because in USA, IT is not the only field. How about for people in other field. Because of this, all people suffered last year which never happened before. There should be strict quota for each company to file H1B.
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srgadi
08-01 01:53 PM
Where did you file I-485? Where was your I-140 approved from NSC or TSC?
Filed with NSC. I-140 was approved at NSC as well.
Filed with NSC. I-140 was approved at NSC as well.
more...
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blacktongue
05-11 11:21 AM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
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nozerd
03-01 12:09 PM
OK, Im surprised no one has started this yet ? I know I will get lot of crazy comments and equivalent of e- eggs and tomatoes. But its March 1st buddies and no one started this, so to keep the tradition alive Ill be the sacrificial lamb this time :)
My predicton, best case scenario no change in any category. If anything EB3 World and EB2 India will retrogress backwards.
My predicton, best case scenario no change in any category. If anything EB3 World and EB2 India will retrogress backwards.
more...
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gcbaba
01-19 03:57 PM
take murthy.com help, take her appointment, even am in same position..
i went to mexico, they referred my case to india , but they allowed me to enter usa, recently i go tmy AP, so am planning to go india with murthy's help
i said same situation: MS disc..h1-b, atfer 1.5 yr with full paystubs ..each & every document from school..
They are actulaly confused with the dates..:mad::confused:
All the best
Hey Immig9
Thanks for the information..I have one question event hough they reffered you to Indian consulate and did not gave the visa how they allowed you to enter USA and for how long... I Already have AP .. can I use it to enter USA and is there any time limit before we have to be present in US consulate Iindia for stampIng.....
Can you give me the list of docs that you carried it wil be helpful to me...
Also i have heard about people using attorneys to give interview in Canada .. is it effective or just waste of money....
thx
i went to mexico, they referred my case to india , but they allowed me to enter usa, recently i go tmy AP, so am planning to go india with murthy's help
i said same situation: MS disc..h1-b, atfer 1.5 yr with full paystubs ..each & every document from school..
They are actulaly confused with the dates..:mad::confused:
All the best
Hey Immig9
Thanks for the information..I have one question event hough they reffered you to Indian consulate and did not gave the visa how they allowed you to enter USA and for how long... I Already have AP .. can I use it to enter USA and is there any time limit before we have to be present in US consulate Iindia for stampIng.....
Can you give me the list of docs that you carried it wil be helpful to me...
Also i have heard about people using attorneys to give interview in Canada .. is it effective or just waste of money....
thx
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my_gc_wait
07-22 03:56 PM
Thanks a lot Raj for a detailed response.
My one concern was around our EAD and AP if we need to use them but its good to know that we can renew them ourselves.
Also I have copies of labor certification, I140 & I485 filing and scanned copies of I140 approval notice & I485 receipt notices, i will ask for original from my employer. Can they say No or I am entitled to have them.
My one concern was around our EAD and AP if we need to use them but its good to know that we can renew them ourselves.
Also I have copies of labor certification, I140 & I485 filing and scanned copies of I140 approval notice & I485 receipt notices, i will ask for original from my employer. Can they say No or I am entitled to have them.
more...
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snathan
08-24 03:43 PM
Your personality does not even meet standard for left-over.
Sorry to say that.
Buy you can always improve yourself if there is a room for it!
You are the one begging here...:D
Sorry to say that.
Buy you can always improve yourself if there is a room for it!
You are the one begging here...:D
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vin13
10-01 02:58 PM
hop all of you are lined up for gc and hope the nov bulletin is good news... (i know it may not be)
i am pd mar 2005 last lud on approved 140 6/29... no lud on 485 since 12/07 (finger print, ead etc)
Thank you!
I think this is bringing my hopes back....:)
i am pd mar 2005 last lud on approved 140 6/29... no lud on 485 since 12/07 (finger print, ead etc)
Thank you!
I think this is bringing my hopes back....:)
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ras
01-09 05:00 PM
Good you bought it up. There are number of people who appear to be getting the I 140 RFE's.
BTW, Any one with Future employment got RFE. I got an RFE but still dont what actually has been asked. got to wait and see. How much does it usually take to recieve the RFE mail since it is updated on the website?
BTW, Any one with Future employment got RFE. I got an RFE but still dont what actually has been asked. got to wait and see. How much does it usually take to recieve the RFE mail since it is updated on the website?
saketkapur
09-09 05:51 PM
Whats the benefit for an employer to withdraw approved I-140?
just being a dick............must be a desi consulting company........
pardon my language
just being a dick............must be a desi consulting company........
pardon my language
pani_6
08-23 02:02 PM
PP request reached Jun29th..but returned Aug12 saying that they do not do PP now...I was within the July01 date to submit...I am pestering the lawyers...let see what happens...
USCIS inefficiency never ends...:(
USCIS inefficiency never ends...:(