gc28262
06-14 03:54 PM
Thank you gc28262 for sharing that link. Very informative. I have a question though about that case study: This paragraph is confusing - "Raj learned that the CIS will not allow him to substitute his new I-140 into his pending EB3 adjustment of status (AOS) application. Instead, they require a new AOS filing. Knowing the the CIS can take years to process an AOS application, even when the applicant's priority date is current at all times, he decided to opt for overseas consular processing."
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.
Does this infer that If my current employer decides to file EB2 PERM application and I-140, I will have to wait till the priority date (Priority date for the new EB2 PERM) becomes current? Can I not use my September 2004 priority date and file I-485?
I am not thorough on this topic. From what I read on the forum, you can use your old PD in your current I-485. More knowledgeable people please chip in.
Apollon
06-30 06:57 PM
I realize the PERM position requirement must match EB2 track requirement, it must be what you said. However, what I'm questioning is (lets assume we're not talking about Masters degree at all, only BA+5 alternative) - does it make a difference *for position requirement*, not EB2, if part of the "+5" in the position requirement came before the bachelors degree was completed? Can this job requirement be without restriction all of the "+5" comes after graduation, and still qualify for EB2, where all "+5" must come after degree requirements have been satisfied?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
I'll give an example, to avoid misunderstandings:
lets say a person completed BA or B.Sc. in March 2004. Lets say this person has worked in the same filed for 2 years before March 2004. Lets say after March 2004 until TODAY, when the PERM application is filed this person has continuously worked in the field for 5.5 more years, but when he was hired for his current position 1 year ago he had only 4.5 years post graduate experience.
What we have here is 6.5 years work experience until the person was hired, but only 4.5 years total post graduate experience until hiring date.
The Question is: Can the sponsor claim job requirement is BA+5, even though at the time when this person was hired post graduate experience was 4.5 years and total 6.5 years?
deekay
06-21 11:21 AM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009
Thanks
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009
Thanks
yestogc
03-11 03:56 PM
When you enter first time the IO @ POE will take you to a separate room (not for a interogation, but a routine process which they follow) ................ so keep all answers ready as what you will say if they ask (I am sure in todays date they will ask) are you with same employer, do you have a job, do you have recent paystubs and so on.
All I can suggest is do not fumble with words there rather than just be confident in what you speak and if he asks for documents what will you do then.
All I can suggest is do not fumble with words there rather than just be confident in what you speak and if he asks for documents what will you do then.
more...
martinvisalaw
03-18 03:30 PM
Thank you for your previous answer. You mentioned that he can't file 485 legally in the scenario explained above. Is it illegal because he was laid off and not working anymore for the employer A? I believe as long as company A is interested in offering him the future position, he can file 'legally' with the job offer letter. Please correct me if I am wrong.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
It would be fraudulent for him to file the 485 with no realistic chance of working for Co. A. As I said, if there is a chance, he could file.
sparky_jones
10-10 04:14 PM
No...if your current EAD expires and the new one hasn't arrived, you must stop working. it does not matter if you've applied for renewal and its pending. EAD does not work like H1B extension, where a 240 day period of automatic eligibility to continue working is available upon filing extension.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
Is it possible to keep working Even u don't have EAD renewed ,but u have Reciept notice with u.. I mean eventually approval will come.
more...
Lydia
06-15 01:36 PM
can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
fromnaija
07-20 11:24 AM
File for her as CP. Whenever she is ready to move here have her get an H4 visa and then change CP to AOS when she gets here.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
Caveat: I am not an attorney so ask your lawyer if this is a feasible option.
more...
sapking
12-21 12:09 AM
I think she should be apprised of pains in getting green cards for skilled workers from India, by ImmigrationVoice.
desibechara
06-19 04:42 PM
My HR called DBEC to get the final status of LC. They replied that "notice of forward" had been issued and since there is no query from that position. They have asked my Hr to call in 15 days to hear the final status.
Have you guys heard anything like "notice of forward"( it was something like this)...
These LC people in dallas are killing me..!
DB
Have you guys heard anything like "notice of forward"( it was something like this)...
These LC people in dallas are killing me..!
DB
more...
Karthikthiru
08-26 12:36 PM
Congrats. Did you change from AOS to CP? or You choose CP when you applied for I-140
chnaveen
07-08 11:15 AM
Thanks for the valuable information. But we all know the I-485 process take long period of time. Mean time if I marry again, do I have to wait for the priority date to be current in order to Apply I-485 for my new wife?
thanks
balan.
yes,
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
thanks
balan.
yes,
You have to wait until your priority date becomes current to apply your dependent's 485. And for that she needs to be in US and for this you need to have valid H1 so that she can get H4 if she is already not in US and doesn't have any VISA.
If you don't have H1 and she can't come unless she can come on H1 (herself) or Business VISA.
For some reason, if she couldn't land in USA before your GC approval, but if got married before the GC Approval, then you should submit one form(I am not sure which one some on 800 series).
more...
asiandude2
05-17 10:12 PM
Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
fide_champ
04-20 09:38 PM
PIMS should be your last concern. There are other problems like 221(G) issues that you need to be concerned.
more...
guchi472000
07-01 04:09 PM
Hi All,
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
I had a previous empoyer A > Then a Prefered Vendor B > Then a Client C.
Now I have transferred my H1 to a Preferred Vendor X & Still working on same project with the Client C, but with a different contract all togeather.
Preferred Vendor X > the Client C
Now the issues is , my previous employeer A is harassing me ( Vendor B is having no problems) , asking for money or filing a legal case agaist me,as I have signed a non-compete agreement with them. Can he do so ?? what can be the worst consequences?
smuggymba
03-07 02:15 PM
Hi Smuggymba, very sorry to see you in such a situation...
These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.
These things happen....cons of working for non consulting american companies. As long as you stay - the benefits are great but a new VP can change things around. Let's see.
more...
shouldIwait
05-22 01:03 AM
Admins....please block this guy
rockyrock
07-28 09:53 AM
My thinking is that this mad rush of dates being current, should not have much effect on the retrogression in Oct 07, because either way most of us will get green cards only after date becomes current....granted we'll get EAD and AP.....Since last retrogression for EB-2 was April 04, my guess is going to be somewhere like Jan 04.........Please share ur thoughts....
chanduv23
09-14 12:23 PM
All the more reason to come, by now, alomst every employer knows about IV and what we do.
Everyone knows that you browse IV anonymously with the fear of getting noticed by employer.
There is nothing to hide. Be proud of whatever you are doing.
IV comprises of people like you and me.
Yes, follow your heart, nothing wrong will happen, only good will happen.
Shed off all your ill thoughts and negative feelings, come join us to the hsitoric event
Everyone knows that you browse IV anonymously with the fear of getting noticed by employer.
There is nothing to hide. Be proud of whatever you are doing.
IV comprises of people like you and me.
Yes, follow your heart, nothing wrong will happen, only good will happen.
Shed off all your ill thoughts and negative feelings, come join us to the hsitoric event
shreekhand
07-29 11:23 AM
Nowhere did I say I am not sure. In fact I am as sure as it can get :)
The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.
For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.
Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
The original poster is talking about adjusting status to F-1 but not already being on F-1. Understand that difference here.
For FYI: If one is already on F-1 and applies for I-485 he/she is no longer on F-1 for all practical purposes but in a "period of stay as authorized by the attorney general". In such a case he/she can anyways use a EAD but have to have an AP while re-entering and continue studying as usual.
Note that F-1 and applied for I-485 is a highly debatable topic amongst the legal fraternity.
If you are not sure, don't give untrue info!! His F1 will be unaffected until and when he starts using EAD. He will not be able to re-enter on F1, but as long as he does not use EAD he can maintain this status. To re-enter he will need to use AP and at that point he is no longer in F1.
Also, once you file I485, there is no problem going to school as long as he maintains the job he was originally sponsored for.
Jerrome
11-30 11:36 AM
What is your PD and nationality. without this information nobody can even GUESS how it happened.