Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
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nixstor
09-10 08:42 AM
What are you guys trying to figure out here? The unanswered Q's have been unanswered for a lot of years now and July VB fiasco resolve was just a lid on the unanswered Q's that were coming out into lime light. While USCIS is not perfect and is culpable for the mishap, our focus should be on getting some relief. There is not a lot any one of us is going to gain by finding the cuplable and reasons behind. We will simply not get any answers in the current situation and hoping that USCIS will provide some thing like a used visas ticker through out their fiscal year, because of the July VB fiasco is nothing but being too naive.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
Congress Women Lofgren would not go on witch hunting DOS/USCIS officials after they have honored the original VB. The simple reason being (GC's) visa numbers, though capped per year, allow USCIS to accept more applications than the visa numbers available. There is no one to one match between the available GC numbers and applications. USCIS OB submits an annual report and will report the number of visas used by USCIS in the fiscal year. Hopefully, after all this hooplah, we should see 100% utilization of visa numbers.
imm_check
11-06 06:13 PM
Who issued the checks ?? Was it you or your employer ?
My employer has issued the checks
My employer has issued the checks
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insbaby
04-30 12:45 PM
Why is the issue date matter?
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
When was the birth registered? If it says recently, then you should go thru the process.
If the birth was registered proerly at right time, you will not have problems.
Reissuance of birth certificates are very common. Expecting one to own 27 years old document is ridiculous.
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sr123
05-25 06:48 AM
sent
meridiani.planum
07-09 01:08 AM
New company lawer is not accepting EAD, even though we don't have written approval confiramtion
How to conivince him to use EAD unti we got the phisical card?
Until you have the approval letter in the mail from USCIS or the physical card, they should be able to accept the EAD, as far as they are concerned its still a valid work document (all that has changed is an online status right).
Otherwise just wait a couple of weeks, you will hopefully have the GC in hand.
How to conivince him to use EAD unti we got the phisical card?
Until you have the approval letter in the mail from USCIS or the physical card, they should be able to accept the EAD, as far as they are concerned its still a valid work document (all that has changed is an online status right).
Otherwise just wait a couple of weeks, you will hopefully have the GC in hand.
more...
ivvm
10-07 08:54 PM
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.
Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.
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frostrated
10-23 01:38 PM
I came to US 10 years ago and moved three times. Never filed AR-11 or change of address with USCIS. Filed for 485 in 2007 July with the latest address.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.
Will the failure to file AR-11 have any adverse impact on my 485? Should I send in an AR-11 now for the last change of address even though it's late by 2 yrs? I'm very much confused.
If I file the AR-11 now. couple of questions.
1. For the A# in the form, Should I leave it blank?
2. For the section "I work for or attend school at : (Employer name or name of School)"
I will give the employer name. But in address do I give their address or the clients address where I work, My employer is in Texas whereas I'm at the client location in East coast.
Please help...Thank you in advance.
as long as the USCIS has your latest address on file, you are fine. No action needed. But if you current address is different from the one on your 485, then you will need to send in an AR11. The card will be sent to the address on the application, and the postoffice will not forward the card if it goes to an old address, but send it back to USCIS.
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shana04
05-18 01:05 PM
RFE for Dependent - To show the valid status from day of entery till we filed I 485
One of the supporting document is I-94, but we gave at port of departure.
We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.
any body with similar experience please share your thoughts.
Thanks,
Shana
One of the supporting document is I-94, but we gave at port of departure.
We have the second I-94 which we received while coming back. Is this copy good enough or do we need to get the second copy.
any body with similar experience please share your thoughts.
Thanks,
Shana
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vxg
07-17 11:04 AM
It is a hit or miss so have to keep trying i generally do not call them often but last month just had a hunch and got lucky. The steps are copied here from another thread.
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
Call 1-800-375-5283
Press 1 to select English
Press 2 to skip introduction
Press 2
Press 6 to find case status information
Press 1
Now enter your receipt number SRCxxxxxxxxxx
Voice asks if SRC press 1
Then reads out application number, if correct, press 1 (now listen to the case update info..blah blah)
Part way through the blah blah press 3
Wait a moment and press 4
(now if you hear a male voice telling you that no IO is available, it will redirect it to National Customer Service Center (NCSC) you can cut the phone.. and try the same steps)
You should hear "You have reached the TSC of USCIS�" OTHERWISE you have been bounced to NCSC. NCSC only sees what you see when you login to check case status at https://egov.uscis.gov/cris/jsps/index.jsp i.e. you will not get any useful information out of them.
VXG, I need your help - everytime I call TSC (I have done it twice) IO refers me to some 800 number. What did you do to get them to talk to you?
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webr
08-30 05:26 PM
Which school you are applying for MBA ?
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desi3933
03-15 02:57 PM
Thanks.
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
So employer has to inform USCIS about EAD use. But in this case (and termination) the actual H1b cancellation is USCIS decision ?
(The pdf does not state what action USCIS will take)
Incorrect, again!
Employer is not required to inform about EAD usage. On the contrary, Employer has to inform about discontinuation of H-1B for that employee. That will absolve employer H-1B employer for any condition or payment for wages for conditions such as unproductive time (aka bench).
There is no regulation that requires employer to inform USCIS when employment (and I-9) is filled due to EAD, Green Card, or US citizenship.
_______________________
Not a legal advice.
US citizen of Indian origin
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mnkaushik
10-14 12:19 PM
It does not matter once you get your green card. Those restrictions are till you get the green card. For now, she has no restrictions. But as the person earlier pointed out if she applies for your gc, it will take 5 years if she is just green card holder but it will only take 6 months to a year, if she is a citizen.
Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.
Now, if you both decide to live outside of US, then you need to look into what are the residency requirements for her to keep her green card status. If that is of interest to you.
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satishku_2000
07-08 03:18 PM
Yeah it was on fox news live, This guy Tom Tancredo says people dont have "right to green card". As far as I understand I dont beleive that I have a right to green card and I beleive vast majority people on this forum know that fact.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
Mere submitting AOS application does not guarentee Green card for anyone , If Tom Tancredo has problem with lawsuits for due process he should be more concerned how CIS handled 60000 applications in 12 working days.
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shx
03-05 04:42 PM
You didn't mention how you got paid. Cash? Check? Did you get a 1099? Did you file taxes? Does the IRS have a record of your earnings?
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sheela
10-15 09:56 PM
Thank you.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.
Keeping fingers crossed until approved is the mantra.
I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
I also am thinking same. But since I had medical RFE, I am not expecting any more RFE at this point. Looking at my PD, it wouldbe another year or 2 in best case scenario to pickup the file and get over it. So if can get a break of 2-3 months between jobs,it would save me alot of tension and worry.
and if officer wanted EVL, he would had added a clause in my recent RFE.No point in going back to my file and saying. oh!! let me ask him EVL now that he is done with medicals. And if he does that it would be atleast an year or 2 if not later.
But then again, nobody can predict USCIS, but atleast I can be happy that I thought thru it and probability is very very slim of me hitting a bus on an intersection.
Keeping fingers crossed until approved is the mantra.
I believe IOs must be having a kind of 'work-sheet' while they are reviewing and are checking each box (?) for any missing info/link and if needed, will list the info required (all-in-one-go). and send out rfe. Once a satisfactory response is received --case is approved OR pre-adjudicated only to be approved when current.
more...
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logiclife
06-18 06:04 PM
Exactly the same as mine (except that I needed to copy whole passport)
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
That is the exact list my lawyer has sent me. Ditto. Also, he too asked for copy of all pages (blank and printed, every single page) of passport.
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optimist578
01-19 12:31 PM
I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).
The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?
.
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KbK
04-10 06:59 PM
Yes. the provision is already there. You can covert your RIR or non-RIR cases in BPC to PERM without losing priority date, as long as the case is identical
Dear friends
Can anyone please give details of this provision...like under which section it is allowed or which website this information is available etc?
Thanks
Dear friends
Can anyone please give details of this provision...like under which section it is allowed or which website this information is available etc?
Thanks
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
surabhi
05-21 11:56 AM
see my seond posting below from murthy.com forum. You should be able to port the PD
good luck
good luck
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