rameshvaid
04-25 07:37 PM
some one help please
You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.
You must consult a good attorney and go for appeal if you think your employer is willing to help and has the ability to pay, appeal is your best route or go for another job and reaply with your new employer.
Good Luck..
RV
You can appeal quoting your friend got approved. I have seen in the past, people got their approvals in appeal.
You must consult a good attorney and go for appeal if you think your employer is willing to help and has the ability to pay, appeal is your best route or go for another job and reaply with your new employer.
Good Luck..
RV
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Munna Bhai
12-18 04:18 PM
more often then not, they will make a mistake. Then you have to pay the USCIS to fix their own mistake by filing MTR. Not to mention unnecessary stress... That being said, everybody has different risk tolerance.
With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
With so many people changing jobs using AC21, not only IO, everyone in USCIS will be aware of it. Let's discuss something other interesting topic rather when 180days start/end.
IOs will see your I-485, use some calculator/software to find out of 180days and then say pass/fail. End of the game.
getgreensoon
03-09 09:40 AM
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
2011 The controversial singer Lady
lecter
February 4th, 2004, 08:41 PM
I want competition!!!!
It's what gives us more for less quicker.
It's what gives us more for less quicker.
more...
immique
07-16 12:33 AM
I think EB2 India may be retrogressed only for the month of September as most of the visas will be used in August itself. The dates will rapidly advance once again with the new quota in October. I think it is very likely that EB2 will be compensated with the number of visas that were improperly given to EB3 last year. So I expect EB2 to receive those extra visas from EB3 quota next year as DOS will try to compensate retrogressed countries in EB2 for the mistake that they made last year. If this happens, EB2 may become current very soon.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
I strongly think DOS tried to compensate EB2 this year itself with the visas that were improperly given to EB3 last year after it received the directives from the US Congress. But unfortunately DOS could not compensate EB2 with the lost visas this year as there were no visas left in EB3 by the time they realized their mistake about 2 months ago as EB3 used most of their visas. This is exactly why DOS made EB3 unavailable so that they can compensate EB2 atleast to some extent. By law they are required to compensate a category that was artificially retrogressed because of their mistakes. It is highly unlikely we will see any significant movement in EB3 ROW or retrogressed countries until the entire EB2 category is current as EB2 will be compensated from EB3 quota. If EB2 is compensated with the visas from the new quota in October, then I expect EB2 including India and China to become current by the end of the year or early 2009(before March 2009) itself.
Once EB2 becomes current, I think EB3 India will get equal spill over as EB3 ROW as both the categories will be retrogressed and will move equally(as per PD) with the spillover from EB2 and EB1
yes. there is a possibility of some retrogression for EB2 India/China in the comming bulletins. But that is just for few months and it might be a mild retrogression as long as there is horizontal fall outs of spill over visas.
akhichopra
03-02 05:36 PM
My sincere thanks to all for giving valuable insights and suggestions. Thank you everybody for your time and help.
more...
srmodi
10-04 09:50 AM
Any July 2nd filer got AP approval yet from NSC?
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fittan
03-18 09:35 AM
I don't believe it...did you guys even read the original thread? He is asking about being laid off while on EAD while you went on a tangent about H1B status, buying furniture and rental lease!
Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?
The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.
One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
Also, poorslumdog, who told you that you that "once you are in EAD and got laid off...you lose your status"?
The only person that makes sense on this thread is ramaonline. Javadeveloper, since you've filed your AOS, you'll be in legal status with or without a job. You don't even need to have a job now...GC is for a future job offer. EAD has nothing to do with it. Has it been 180 days since you filed your I-485? If so, your I-140 is safe since your employer loses "control" over it. Because your I-140 is not approved, using AC21 to port is quite risky but this may be your only path.
One last thing, I hope things work out and your employer re-hires you BUT you really have to assume that they won't and plan for you worse. Remember no one cares about your GC more than you...
more...
bekugc
04-02 11:09 AM
zcool,
did ur company send all the items asked for in the RFE?
thanks
did ur company send all the items asked for in the RFE?
thanks
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JunRN
09-22 11:32 AM
And even if it pass the mark-up tomorrow, there's a long winding road ahead before it becomes a law.
Only miracle can make this happen.
Only miracle can make this happen.
more...
PD_Dec2002
03-19 04:18 PM
The people with Master's in STEM are expempt from the cap.
It will benefit them
Exempt from the H-1B cap; not the EB cap. See line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).
Bummer!
Regards,
Jayant
It will benefit them
Exempt from the H-1B cap; not the EB cap. See line 14 on page 2 of H.R. 5630 (http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=110_cong_bills&docid=f:h5630ih.txt.pdf).
Bummer!
Regards,
Jayant
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gcformeornot
01-07 03:04 PM
its bad for everyone. Imagin what it will do to job market. Those many people looking for jobs..... same time......
more...
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gcnirvana
05-17 04:15 PM
Gurus,
I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??
Thanks in Advance for all your help.
I need your help in this scenario. I went to India during Mar 06 and got a stamping on my passport till Jun 2010 (based on my I140 approval). But at the POE, the officer stamped my I-94 till Jun 07 as he could only stamp the date that was on my current I-797. He also told me that I can goto the local USCIS office and extend my I-94 till 2010. Is it true? and if so, how would I go about doing that??
Thanks in Advance for all your help.
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techbuyer77
09-17 02:54 PM
I think you can get a letter from employer stating that they can not employ you any more. I am not sure if they issue a letter to every person that loses the job. Just make sure that your intention to work with the sponsering employer is documented somehow .
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
I got a letter saying they can not give me my job back dated 5 days after my approval.
I show up told them I was approved, they say sorry we have not sold anything on those 3 months, we are doing bad, cannot take you back.
They dont have any problems with it and I can wait 10 years to become a citizen if that is what it takes.
I have an idea here ... just write an email to your boss or HR stating "how good company has been to you and how they helped you with your immigration process and given a choice you would rather work with the same company"
Take a printout of all these emails and save them if you still have a chance. You can use all these to prove if you run into any problems during the naturalization process.
Apart from these things collect the news paper clips or company wide emails that talk about downsizing. These things should help you to prove your intentions if there is a query about your intentions at the time of naturalization.
If you think company will survive for 5 or 10 more years , just keep in touch with your HR
I got a letter saying they can not give me my job back dated 5 days after my approval.
I show up told them I was approved, they say sorry we have not sold anything on those 3 months, we are doing bad, cannot take you back.
They dont have any problems with it and I can wait 10 years to become a citizen if that is what it takes.
more...
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eb3_nepa
12-10 09:27 AM
Ok I think we are reaching new heights of RIDICULOUS here. An IV member has asked a SIMPLE question about whether or not an Indian citizen needs a visa for the Bahamas.
Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?
Who the heck do we think we are to ask him/her to NOT go on that cruise and instead donate to IV?? People i know that we need to raise money and quickly, but this is really not the way to go about it. Everyone needs a vacation to recharge their batteries and spend quality time with their families. The GC is a "MEANS to the END", NOT "The END". Going by this logic, lets not do anything for the next 2-3 years. Lets not buy houses, cars, furniture etc. Lets instead contribute to IV. Besides what is to say that this person has not contributed to IV already?
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tammigaw
03-19 05:30 PM
More H1-B workers in the labor pool and in GC Line ...so more outsourcing openings for Indian Companies ...:)
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chandrajp
08-24 10:54 AM
My wife will be on H1(currently on H4) october onwards...we received our EAD's yesterday. Can I still go and apply for SSN? I mean will that mean she is on EAD and H1 no longer valid?
In my case my wife was on H4. She had to activate EAD to begin working. For that reason she applied for a new SSN.
Based on my limited knowledge, if anybody activate's EAD and begins working on that EAD, they'll lose their H status. Experts need to confirm this.
This is based on my limited knowledge. For expert advice, always consult a qualified attorney
In my case my wife was on H4. She had to activate EAD to begin working. For that reason she applied for a new SSN.
Based on my limited knowledge, if anybody activate's EAD and begins working on that EAD, they'll lose their H status. Experts need to confirm this.
This is based on my limited knowledge. For expert advice, always consult a qualified attorney
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IntezarGCKA
02-22 10:27 AM
I dont know how far this bill will get, given the facts that it has weaker workplace enforcement laws plus a direct path to citizens. This is exactly what the Republicans dont want.
I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.
Americans need touch reforms, president has mentioned no amnesty in his
unions speech
I dont know much about the bills, but I agree with Nat23 because the post mentiones weaker enforcement laws. I have a feeling that this will not clear from Senate to be forwarded to the house.
Americans need touch reforms, president has mentioned no amnesty in his
unions speech
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chi_shark
03-23 05:37 PM
did the io specifically say that? why do they care about other income? i would really like to know... if they are now saying that you cannot have any other income then all those who are trying to do a business on the side while on EAD could be in trouble! right?
Hello jsb,
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
Hello jsb,
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
abh
08-11 01:23 PM
Got following email today on my daughters case today. NSC July Filer. EB2 I Mar 2006.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
All our cases show this status now.
Any idea what happens next?
Current Status: This case is now pending at the office to which it was transferred. The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
ronhira
09-23 04:14 PM
Most of us are not eligible to vote in the Nov elections , so PLEASE STOP CAMPAIGNING for Obama unless u have something to say worthwhile abt immigration etc
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
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