xu1
08-03 08:22 AM
The first thing to consider is the job requirement. It must require a minimum of a master's degree or a Bachelor degree plus 5 years progressive experience. If the job description has that requirement, and you have the required background, then it can be filed as EB2. In your case the job description states a minimum of a bachelor's degree and 3 or 4 years experience. This would only qualify as EB3, regarless of your credentials.
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
I think I missed the part of "- BS Degree plus 3-5 Yrs experience or ..." in the job description.. I remember reading something on the forum, and it can be paraphrased as 'if you have an -OR- in the experience requirement, that spells trouble'. In your case, a BS plus 3 years (rather than 5) would also qualify, so you may not be able to do EB2.
On the other hand, so long as your new employer supports your immigration filing, you may ask them to prepare a new case for you, stripping the BS+3/5 requirements.. good luck!
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Jaime
09-05 05:24 PM
Assuming that he is not struck in the name check which is very likely if one has a very common first name or last name
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
True, this affects everyone really, but was just saying from what I have seen of my ROW friends. Getting green cards within 1-2 years while the bulk of us wait for 5-6+
Widget
01-10 07:01 PM
I think we have better chance this time, I noticed that numbersusa.com is referring to this bill as it is only for EB cases and not for CIR or SKIL. Thnaks for the updates.
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
Find the link below...
http://numbersusa.com/interests/legislation_proposed110.html
http://thomas.loc.gov/cgi-bin/bdquery/z?d110:SN00009:@@@L&summ2=m&
I think the bill has been introduced on Jan 4th, 2007. Looks its been referred to the senate judiciary committee.
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pxu7728
07-20 07:32 PM
cut paste from website : murthy
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
http://www.murthy.com/news/n_intead.html
Interim EAD Procedure
Posted Feb 23, 2007
�MurthyDotCom
The Vermont Service Center (VSC) has advised that they have instituted a new procedure for issuing interim Employment Authorization Documents (EADs). These are appropriate in situations where the EAD request has been pending for at least 90 days. The expected termination of interim EADs at local USCIS offices was reported in our June 30, 2006 MurthyBulletin article, June 2006 Conference Update: Interim EADs to End, available on MurthyDotCom.
�MurthyDotCom
The new procedure requires that an individual go to the local USCIS office to make the interim EAD request. The local office then will contact the VSC. The VSC will review the file and try to adjudicate the initial EAD application and avoid the need for an interim EAD. If they cannot complete the initial application, however, they can issue an interim EAD.
�MurthyDotCom
The interim EAD will not be issued if there are "national security issues." Therefore, if the case is held up due to security concerns, there may be instances where the interim EAD is not given. Whether or not it is issued depends upon the severity of the security matter.
�MurthyDotCom
This procedure will help some people with delayed EADs. MurthyDotCom and MurthyBulletin readers who will be renewing their EADs should not wait until they are close to their expiration dates to request new ones. We recommend filing four months in advance to avoid a lapse in employment authorization.
more...
imneedy
03-24 04:00 PM
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category.
Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.
Can you ask her to do inter-filing for I-485? I thought lawyer just need to send a letter to link new I-140 to your existing I-485 application.
jlt007us
09-14 12:08 PM
I came to US on H1B in 2000. I have an engineering degree (10+2+4) from a premier institute in India in Information Systems. Before coming to US I worked for an MNC for 4+ years. I am with the current employer since 2003. Following are my case details.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
Case 1:
EB2 Labor filed: April 2005
Labor Approved: December 2005
I-140 Filed: January 2006
RFE for Ability 2 pay and RFE replied.
I-140 Denied: August 2007
Never recieved the denial notice as per the lawyer
Case 2:
EB2 Labor filed: August 2005
Labor Approved: January 2006
I-140 Filed: August 2007 (I checked the status online and informed the lawyer who immediately filed for this I-140 basing on the approved labor)
I-485 Filed: August 2007
RFE for W2/wages company tax information etc that were replied on time.
I-140 Denied Sep 2009
EAD valid till October: 2010
AP Valid till Feb 2010
H1 B 8th year extension filed: July 2008 (There was a mistake during the filing as the reference was made to denied I-140 instead of the pending one)
Extension Denied based on Case 1 I-140: October 2008
I-290B Appeal to commissioner filed and pending as of date
Case 3:
Pending EB2 labor since October 2008.
I am paid more than the prevailing wages. Now the question is:
1. Should I file for MTR/Appeal (we still haven't recieved the denial notice).
2. I believe it is just a matter of time before I-485 status changes to denied. Will the EAD/AP become invalid as well?
3. If MTR/Appeal is filed for I-140, can I still continue working?
Any thoughts or suggestions will be appreciated.
more...
sidd_k2002
02-11 07:46 PM
eyeswe:
Thanks for your detail explanation. I dont have any siblings in India, and i am an alone child. Regarding my savings, i have been a full time employee of the company for which i work since i was on my CPT and now as i am on my OPT. Now the question to me is that since i have about 16k dollars in my saving account right now, should i sponsor them based on my OPT or should i just remit all the amount back to india back into my fathers account, and ask him to self sponsor him.
I have heard that the visa officer does ask you about the transactions that are fairly big and failry recent ones. Woudnt it create a further doubt if i transfer this savings back to my fathers account, and be in more problem.
Please Guys , if you can share your advice here, it would be really helpful for me here. I really dont want my parents visa to get rejected the third time.
Sidd
Thanks for your detail explanation. I dont have any siblings in India, and i am an alone child. Regarding my savings, i have been a full time employee of the company for which i work since i was on my CPT and now as i am on my OPT. Now the question to me is that since i have about 16k dollars in my saving account right now, should i sponsor them based on my OPT or should i just remit all the amount back to india back into my fathers account, and ask him to self sponsor him.
I have heard that the visa officer does ask you about the transactions that are fairly big and failry recent ones. Woudnt it create a further doubt if i transfer this savings back to my fathers account, and be in more problem.
Please Guys , if you can share your advice here, it would be really helpful for me here. I really dont want my parents visa to get rejected the third time.
Sidd
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ras
09-18 09:58 PM
Current Green Card Ajudication duration = {(PD Date) � (Current Date) + [security/Background Check (IBIS etc.)] + Name check + (1 OR 2 OR 3 FP�s) + (RFE�s AND RFE response times) + [nterview (if called for an interview)] + [Country AND Category(EB) specific Retrogression] + [(time behind applications which had older PD�s but later RD�s filed during Jun/Jul bulletin Fiasco)] + [USCIS errors (includes, sending FP�s to old address AND/OR other errors)]}
more...
mamunda
07-17 07:09 PM
I am from Africa..my Priority date is 9-2004 - Labor, and I 140 approved. havent filed the 485 yet - But i guess I will....So my question was if i get married like in Dec or so...can i apply for the GC for my wife...Thanks! Cheers..Just joined today.....this site rocks!
Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009
Ps how do i post like a new topic without replying... and I am on h 1 b paper only..not stamped in passport..exp 6-2009
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garybanz
10-28 01:43 PM
I got the I-797 approval notice in mail but no card yet. I heard CARD takes few weeks.
How long did it take for the I-797 after the approval of 485? Which service center was this at?
How long did it take for the I-797 after the approval of 485? Which service center was this at?
more...
ping1
07-17 05:48 PM
Dear Lofgren,
Thank you very much for your effort.
Thank you very much for your effort.
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enggr
12-17 10:56 AM
Hi,
What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
Have anybody got into problems or delays?
I just want to have the right information handy just in case.
Please help by sharing the right answer. Thanks in advance
What's the Maximum amount of money the parents of a h1b person can carry from US to India when they are returning after a visit on B1 visa? I heard it should be a dollar less than $10,000 per person. Somebody told me its $10,000 per party. Please answer this.
So if father & mother both are traveling back from US to India can they carry $9999 each in their hands while traveling through air? It will be $19,998 total for the party in total
While coming to US I heard you don't have to declare the money/currency you are bringing as long as they don't exceed $10,000. So if they are taking most of that money back along with some extra cash (total < 10k per person) is it safe to avoid any questions/complications with US TSA/ CBP?
Have anybody got into problems or delays?
I just want to have the right information handy just in case.
Please help by sharing the right answer. Thanks in advance
more...
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gemini23
08-02 11:28 AM
if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.
This info is from my lawyer.
Hope this helps.
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.
This info is from my lawyer.
Hope this helps.
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franklin
03-24 01:00 AM
In prep for the conference call, I suggest everyone read the documents prepared by Varsha and Sanjay (varsha@immigrationvoice.org sanjay@immigrationvoice.org) so that we know how to present our united case and make a memorable impression.
You can either email them, or PM me, and I can forward the docs, so we can read and inwardly digest!
The lawmakers I believe we need to talk to are:-
House Representative: Nancy Pelosi
Senators: Barbara Boxer
Dianne Feinstein
You can either email them, or PM me, and I can forward the docs, so we can read and inwardly digest!
The lawmakers I believe we need to talk to are:-
House Representative: Nancy Pelosi
Senators: Barbara Boxer
Dianne Feinstein
more...
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dsneyog
01-15 09:26 AM
EXPEDITE PLEASE
PREPAID ENVELOPE ENCLOSED
Your Name
Your Address
I-485 Receipt Number: xxx-xx-xxx-xxxx
December 1st, 2009
To:
USCIS
Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx
Dear Sir/Madam,
I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.
I am enclosing the following supporting documents:
1. Check in the amount of $305, payable to U.S. Department of Homeland Security
2. Form I-131, Application for Travel Document
3. 2 Identical photographs (Name and A# written on the back of photos)
4. Copy of current passport (All pages)
5. Copy of expired passport (All Pages)
6. Copy of Form I-94 (Front and back)
7. Copy of a I-797C, ASC Appointment Notice
8. Copy of a I-797C, Receipt Notice for I-485
9. Copy of a I-797C, Approval Notice for I-140
10. Copy of a I-797C, Receipt Notice for I-140
11. Copy of EAD
12. Copy of Driver's License
13. Copy of Marriage Certificate
14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.
Please approve my application for Advance Parole.
Thank you in advance for your kind attention and cooperation in this matter.
Yours Truly,
PREPAID ENVELOPE ENCLOSED
Your Name
Your Address
I-485 Receipt Number: xxx-xx-xxx-xxxx
December 1st, 2009
To:
USCIS
Texas Service Center
P.O. Box 851182
Mesquite, TX 75185-1182
Subject: Application for Advance Parole Travel Document (I-131) for Firstname Lastname A# xxx-xx-xxxx
Dear Sir/Madam,
I need a travel document as I am planning to travel outside the united states in late February 2010. I am eligible for travel document based on my pending adjustment of Status (I-485) application, Receipt # SRC-xx-xxx-xxxxx.
I am enclosing the following supporting documents:
1. Check in the amount of $305, payable to U.S. Department of Homeland Security
2. Form I-131, Application for Travel Document
3. 2 Identical photographs (Name and A# written on the back of photos)
4. Copy of current passport (All pages)
5. Copy of expired passport (All Pages)
6. Copy of Form I-94 (Front and back)
7. Copy of a I-797C, ASC Appointment Notice
8. Copy of a I-797C, Receipt Notice for I-485
9. Copy of a I-797C, Approval Notice for I-140
10. Copy of a I-797C, Receipt Notice for I-140
11. Copy of EAD
12. Copy of Driver's License
13. Copy of Marriage Certificate
14. Prepaid self addressed envelope with delivery confirmation for USCIS to send my I-131 approval.
Please approve my application for Advance Parole.
Thank you in advance for your kind attention and cooperation in this matter.
Yours Truly,
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tnite
07-19 09:49 AM
Does anyone know if it is easier to get medical residency on EAD as opposed to H1/J1 or are you considered in the same boat as H1/J1 applicants?
thanks
On H1/J1 you have to find a sponsor to accept you in their program. With EAD you can work for anyone.Of course the pool of institutions accepting folks on EAD is bigger than H1/J1 .
Whether it's easier or not depends on your credentials , talent etc
thanks
On H1/J1 you have to find a sponsor to accept you in their program. With EAD you can work for anyone.Of course the pool of institutions accepting folks on EAD is bigger than H1/J1 .
Whether it's easier or not depends on your credentials , talent etc
more...
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sk.aggarwal
03-24 11:36 AM
My 6 years + recapture time will end in April/May 2011. I am just frustrated with the process.
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vips63
09-23 04:02 PM
http://www.uscis.gov/USCIS/New%20Structure/2nd%20Level%20(Left%20Nav%20Parents)/Green%20Card%20-%202nd%20Level/Pending%20Form%20I-485%20Reports.pdf
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Hong12
02-06 01:49 PM
Thank you very much for your help. I really appreciate it. I actually tried to fill out the Forms DS 156 and DS 157 and got totally lost. The following is my background. I worked at the company A in US as an Electrical Engineer until May, 08 (the end of my 6 year H1). Then, I went back to Malaysia and worked on my family business as a store manager and business owner, selling electrical appliances. My PERM is currently pending over one year now. Accordingly, I got an approval for 1 year and 2 months on my H1. I will now come back to work at company A in US, starting March 5, 09 (the same US company that I worked until May, 08).
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
I have questions that I am unsure about the Forms DS 156 and DS 157 as the followings:
Form DS 156
- Question 28 (who will pay for your trip): does the trip need to be paid by the US Employer? Can I pay it myself? My concern is I am not sure if I have to pay it myself because of my H1 Status. Pls advise.
- Question 20 (Name and Address of Present Employer or School): I think this should be my current company. In this case, please advise if this should be Company A that I will be start working in March or my family business in Malaysia.
- Question 21 (Present Occupation): should this be Electrical Engineer or Store Manager (Business Owner) for my family business? I actually worked as an Electrical Engineer for over 8 years. I only worked on my family business as a Store manager (Business Owner) for one year. Please advise which one I should put.
- Question 25 (Name and Telephone Numbers of Person in US Who You Will Be Staying With or Visiting for Tourism or Business): I will go back to work at Company A in US, and my brother lives in the same area that I will be working. So, I�ll be staying at my brother�s place. In this case, should this Item be the company A�s address or my brother�s address? Otherwise, should I put �None�?
- Question 29 (Have you ever been in US?):
For How long?: would this be (6 year � 2 months) since I spent 2 month vacation outside US during this past 6 year H1?
Enter Additional Visits to US here: I made 3 trips to Malaysia and 2 trips to Canada during this past 6 years of my H1B. I also made one trip to Canada during my F1 visa. In this case, I�m not sure if this should be the date I returned back to US from my trips to Malaysia and Canada. Should I mention only the trips during my 6 year H1 or mention all the trips, including the period of my F1 Visa?
DS 157
- Question 12 (Not Including Current Employer, List Your Last Two Employers): I worked at company B in US till Jan, 07 and then moved to Company A in US until May, 08 (the end of my 6 year H1). Then, I came back to work on my family business till now. I will go back to work at Company A again in March, 09. I am not sure if my present company is my family business in Malaysia. My future company is Company A that I will start working in March, 09. My two previous companies are Company A that I worked from Jan, 07 to May, 08 and also Company B that I worked before Jan, 07. In this case, should I put Company A (Jan, 07 to May, 08) and Company B (before Jan, 07) as the last two companies? Please advise.
Another issue is that I worked on my family business as a Store Manager (Business Owner) for almost one year. This is not engineering work. Would this cause me any problems for my visa application because I will go back to work with company A as an electrical engineer? Note that I still get work from company A from time to time, but I just did not get pay during this time that I stay in Malaysia. Please advise.
Please help�. I am totally confused and need to use these two forms for the visa interview. Thank you very much.
Green.Tech
07-24 03:12 PM
As per my attorney, there is no validity requirement for the passport, just that it should be valid at the time of AOS application. So, the OP should be ok. But like others said, do apply for a new passport as soon as possible.
mikemeyers
11-07 04:34 PM
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.
What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
good luck!!!
Thank you for the response, the course is very expensive and I dont have that much money. Its an MBA course and I am in software field there wont be any justifiable CPT I guess..Also, there was an RFE generated during H-1 processing asking for my status in between times. I sent I-20 to the INS and then only my H1 was approved.
What kind of tough questions you think they can ask?? I am very new to all these and do not have much knowlege but only thing i did is try to maintain status legally..is there anything wrong that I did??
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