PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
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Raj Iyer
09-13 06:28 PM
Hi:
This will also not qualify under EB-2. Your underlying bachelor's degree has to be 4 years equivalent to a U.S. bachelor's degree. secondly, 4-6 experience is not the same as 5 years of progressive experience.
This will also not qualify under EB-2. Your underlying bachelor's degree has to be 4 years equivalent to a U.S. bachelor's degree. secondly, 4-6 experience is not the same as 5 years of progressive experience.
letstalklc
05-31 09:09 PM
Thanks so much sumggymba, just one more thing if you know. Do they file eb2 ?
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
One of my cousin works in oracle and he has mentioned to me that oracle is not filing in EB2 category (they used to file before), not sure is it for every one or depends on team to team or person to person.
I would advice you better check in advance as soon as you have job confirmation
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smssharma25
12-05 08:41 PM
I am also having the same problem. Our company won't share the labor application details with us. I know only job title. I am not even sure what job I should search for.
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
I hear that new job description should exactly match with what is there in labor. I am frustrated with my current company & I need to make a shift.
Can anyone help me to understand the risk in joining my client as direct employee?. I am working for this client for last 10 years. My H1 extension was done using the letter from this customer & my resume also details the experience with this client. Am I safe to join client using my EAD?
Thanks!
sharma
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jatinr
09-23 04:15 PM
i too remember reading postmark doesnt matter it should be received by 17th
I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.
I agree,it was clarified in immigration-law that the application should be received by Aug 17th and does not matter when it was sent.
.
yestogc
03-04 10:21 PM
I am apologetic if my message sent any wrong signals anywhere.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
But Sledge Hammer........... plz mind the words that you write we are all civilized people and need to behave live one.
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pmpforgc
09-28 10:52 AM
Dear Members
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
I seek your expert advise on following situation as my lawayer is not much clear on the topic.
I am from India and filed through university my I-140 and I-485 Concurrently on August-22,2006 in EB-2 SCHEDULE A ( Categorey II) EXCEPTIONAL ABILITY which is still current for all countries including India.. I had not seen any activity on My I-140 yet and Now for EB-2 Premiumprocessing is available now.More over Schedule A is likely to retrogess some time in November,2006
In this regards I need your guidance on following points.
(1) Does the possible retrogession in November means they will retrogess from November-2006 onwards? or they may retrogess even before say March-2006 or any previous date.
(2) If they retrogess from say Nov-15 than does it means that since I applied on August-23, My I-485s ( me and my family) will continue to be processed?
(3) In the view of possible retrogession of Schedule A, do you think I should go for Premium processing or not? Does it will help in any way to avoid retrogession of I-485s
(4)Based on past experiences, Does the application for premium processing hurt in any way in terms of final decision ( not the speed but out come approval or denial)?
Your input will greatly help me in deciding about premium processing.
Thanks
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abhijitp
01-25 07:14 PM
Thanks for your suggestions, I am sure IV-Core will note them.
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
Did you send out letters to the WH + IV?
The recapturing of numbers does not need legislation, it can be done by administrative intervention.
PLEASE SEND YOUR LETTERS!
Thanks!
more...
sam_hoosier
01-02 03:25 PM
I have got extension on my H1 after completing 6 years.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
My wife has been on H4 till now.
Is she eligible to get a new H1?
Yes, as per the new guidelines time spent on H4 does not count towards H1.
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bklog_sufferer
10-18 03:09 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us onsulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
gcman2005,
1) If you do not pocess the approved A/P document before you leave US, you have no option but to get H4 stamping done at a US consulate outside US
2) H1/H4 stamping shouldn't take more than 7 days at any US consulate in India, although they say 7 days it is usually much faster i,e 2-3 days.
3) H1/H4 stamping for reentering US residents usually they would issue very easily, i,e there should not be any risks.
Good luck
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munnu77
07-19 03:07 PM
sorry..i didnt log in for a few days..
he applied from texas from an american company EB3
he applied from texas from an american company EB3
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hebbar77
12-16 10:43 AM
I believe your h1b is void and you may not enter.. I am not a lawyer and this is my opinion only.
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div_bell_2003
12-19 05:01 PM
It does not look like your future green card processing will be affected by any way due to your one year absence, but you might wanna clarify with your attorney about the status of your H1 though. You didn't mention anything on this, but I'm guessing you'll be coming back to the same employer in 2010, just check with them if your one year not being in US payroll would result in revocation of your H1B and they have to apply for a fresh one once you come back.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
From the GC front, you don't have anything to worry as far as my knowledge goes.
I am on H1 for the last 3 years. Got my H1 renewed for 3 years last month. Now i have to go back to India for one year (2009) and come back at 2010. I will not be in a payroll for 2009. When i come back to US at 2010, i am planning to start my Green Card processing. I want to know if my one year stay in India will affect my Green Card processing in any way?
Thanks a lot.
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number30
03-14 06:17 PM
Hi Attorneys/Seniors,
Application Type:H1 Transfer(Premium Processing)
Processing Centre:VSC
FedEx Delivery Date:03/04/2010
Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.
Please help me regarding this.
Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
How soon we receive the receipt no in premium processing case.
Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
Please help me
It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.
Application Type:H1 Transfer(Premium Processing)
Processing Centre:VSC
FedEx Delivery Date:03/04/2010
Sofar(End of day 03/13/2010) My Employer have not received the receipt no from vermont Service Center. My Employer himself took LCA and Applied H1 transfer.He sent Cashier cheque with the documents.My Employer is an American company where I have to start working once it is approved.
Please help me regarding this.
Today is 10 nth day since my Documents delivered to VSC Premium Processing Center.
How soon we receive the receipt no in premium processing case.
Do you think my employer can contact VSC regarding the receipt no or shall I wait for the whole 15 days.
Please help me
It is better to send regular check . In that case you will know if USCIS is en-cashed check . Also this check contains receipt numbers in most of the cases.
more...
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qtoask
07-11 01:03 AM
Its support of every single person who has the heart made it possible... You can pat on your back!!!
English_August : well done co-ordinating...I salute you guys!
English_August : well done co-ordinating...I salute you guys!
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andycool
04-21 02:59 PM
Sad story indeed.
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
They are accepting Funds Now ....
Thanks
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
They are accepting Funds Now ....
Thanks
more...
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humdesi
05-31 10:37 PM
In this case the guy is a software engineer. The consulting company is willing to show that he is a manager.
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tp976
08-19 10:06 PM
dont worry about FP. i applied for my wife and me. she got a FP , i never got one. but both of us got our approvals
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07-06 11:38 AM
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InTheMoment
04-03 03:15 AM
Getting help thro' your congressman/woman (House rep. or senator) is the best way forward for you.
Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.
Doing this should be your first order of business.
Each USCIS service center has a dedicated cell handling congressional inquiries on cases. Since your case is well beyond processing times and clearly out of bounds, they do escalate matters thro' the congressional cell at NSC/TSC.
Doing this should be your first order of business.
AnandNJ
06-27 03:04 PM
No, you can not get a copy of I-140 by USCIS
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
except your employer or attorney, one of my friend called attorneys office when attorney is not in the office paralegal answered and he requested her a copy of approval she sent but attorney may not give you. However there is a form of I-824 to get a duplicate copy but its useful to employers not for beneficiary. USCIS will not send duplicate of I-140 copy to beneficiary.
If you want to port your older priority date, having I-140 approval is good but that not required, meaning if you have I-140 receipt number thats good enough to port.
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