Hassan11
03-26 11:53 AM
no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.
any feedback is appreciated.
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
any feedback is appreciated.
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
JunRN
08-11 06:00 PM
True. But USCIS doesn't care anymore because I-140 is already approved. The ability to pay is for I-140, not for AOS. There is no point for USCIS to get the ability to pay for AC21 cases because the adjudication is based on the approved I-140. If you will read the USCIS guidelines on this, it explains the reasons why.
Refugee_New
07-25 12:05 PM
Gurus, tell me one thing.
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
After invoking AC21, what will happen if one is out of job at the time of RFE or NOID request from USCIS?
Anders �stberg
July 15th, 2004, 04:50 PM
Thanks QJ! They are cute.
I also wish I could find a way of making the photography money flow the other way. :)
I also wish I could find a way of making the photography money flow the other way. :)
more...
gcisadawg
02-02 12:56 AM
dude, I believe the above proposed law is tailored beautifully for illegal immigrants. It mentions about continuous presence but no word on 'legal' continuous presence! Also seems like the 'criminal offense' in US doesnt take into account the very first one, the act of entering illegally!
patelkirti
04-19 11:56 PM
Thanks,
About paper and email trails, i think i got each and every one of them! I'm very well covered there..
Will keep you guyz posted!
About paper and email trails, i think i got each and every one of them! I'm very well covered there..
Will keep you guyz posted!
more...
Michael chertoff
04-07 07:33 PM
Hmm. Another kela. Don't worry MC, your time will come.
Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.
Bhiyaa aapkee baat samajh me nahee aayee...aap kahna kya chahte hai.
desi485
09-26 05:38 PM
My application reached NSC (as per FedEx tracking) on July 24.
My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.
My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.
USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.
My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o
what could be the reason??? This is killing me.
My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.
My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.
USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.
My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o
what could be the reason??? This is killing me.
more...
Edison99
02-24 10:23 AM
snathan,
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern�
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
I-140 related to Company's potential to pay his salary not sachisdis qualifications; if he clear Perm EB2 ride then he is all set. Please clarify your concern�
1. You cannot use the experience gained from the current employer...
2. You need to have MS+2 or Bachlor+5 years progressive experience before joining your current employer. You are short of 4 months for 5 years progressive experience and definitely USCIS will not appcept.
3. Also you will have tough time, if you PERM requires bachlor and you do not have four years single source degree. So its importent what the requirement on the PERM is.
So I am seeing you are going to have tough time to get EB2. But you will get the PERM approved and will face issues during I-140.
punjabi
09-29 09:57 AM
My cousin went for her sister-in-law's wedding and at New Delhi airport, the Customs Officer asked her to show the bag. Apparently, there was good amount of jewelry. And she had to declare it in her passport.
She was not charged any duty but she had to show it again during the departure.
Hope it helps.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
She was not charged any duty but she had to show it again during the departure.
Hope it helps.
Has anybody travelled TO India with personal gold jewellery? I am not concerned about theft/security. My question is about Customs clearance at the airport. Do we need to declare it or pay customs duty?
If you have any experience doing this, please do share it here.
Thank you.
more...
kalyan
04-17 10:30 AM
By the time, the DOL comes in and does all the needy and get a court hearing, still the employer will not pay you if he wishes.
The judgments are there for employers and they did'nt even get a penny out of it.
Since they are US citizens, they don't have anything to loose.
I would say, report to USCIS with all the facts but becautious about your own H1B and other details.
May be u 'll come under the lense of "OUT OF STATUS"
Good luck.
The judgments are there for employers and they did'nt even get a penny out of it.
Since they are US citizens, they don't have anything to loose.
I would say, report to USCIS with all the facts but becautious about your own H1B and other details.
May be u 'll come under the lense of "OUT OF STATUS"
Good luck.
GoneSouth
07-11 11:14 AM
Congratulations!! Why didn't you do Concurrent filing in June?
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
I didn't have my I-485 documents compiled and ready for submission in June, so I just went and filed I-140 since that was ready. I figured I-140 would be approved by the time I had I-485 docs ready, and the July visa bulletin issued June 13th showed my PD current through July, so I wasn't worried.
Boy did I (and quite a few other people) get a nasty surprise on July 2!
more...
kartikiran
07-31 12:00 PM
when I am not even able to enjoy the humor present in this thread...
Waiting since March 25th 2002...:(
Waiting since March 25th 2002...:(
virginia_desi
05-15 11:12 AM
I agree that we need to add a poll on how many are already waiting for adjudication in I-485. This will give a better understanding of visa dates will move going forward. I am sure state dept doesn't expect people applying in June to get their GC anytime before 2008.
more...
senthil1
07-26 10:04 AM
I am not sure about changing H4 to F1 as F1 is dual intent visa. I am sure mostly your wife's F1 will be rejected at Consulate as her spouse is staying here but I am not sure about changing status from H4
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
to F1 here.
If you accept that you are taking some risk then it is fine. Sometimes all the 4 options may work against you. Also if your wife comes here within a few months then it may be ok. But if it takes 1 year or more then your company Lawyer is correct. Take advise of second lawyer
Also I did not hear anything about option 2.That is mainly for those who were out of status for less than 6 months
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
solaris27
03-31 08:52 AM
Congratulations
more...
felix31
08-08 10:41 PM
Yep.. Cheer up however we can.
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
LOL
good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?
Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:
note to myself: obessesion with anything is no good. Don't check back at this site ten times every hour.
LOL
good one my friend...but even with SKIL how many of us are already sooooooooo frustrated and sick of waiting that we / they may still think twice about enduring the famous I-485 stage nuances (name checks, background checks and all other checks) and with all that in mind still decide to 'hang in' and eventually get GC ..?
Anyways, I'm afraid GC just turned into a great 'Waiting for Godot' situation - but we haven't realized it yet :rolleyes:
Anders �stberg
April 17th, 2004, 11:47 AM
]']Wow ! I like these shoots :). I have in mind to do something similar, but I don�t have a macro-lens yet, so... I suposse I have to wait :). But, anyway, I really like your picks ! :).
Thank you!
Don't wait for the macro lens, these shots are taken with a 100-400 at 400mm!
-Anders
Thank you!
Don't wait for the macro lens, these shots are taken with a 100-400 at 400mm!
-Anders
schandra
11-25 09:10 AM
Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
gc4me
07-08 04:22 PM
Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.
greenhorn
12-09 01:55 PM
When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?
This is a different question. Is the government job also regarded as cap exempt non profit?
Thank you very much for your help! Our immigration gods bless you!
Best,
I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.
I work for an NPO too and here is what i know:
If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.
Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.
As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.
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