veni001
06-22 02:44 PM
Make sure your LCA and H1B will be amended with the promotion first....
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
I have been working with my current employer for the last 5 years in job title
A (Software Engineer), which wasn't qualified for EB2. But now I will be been promoted to a significantly different job title and responsibilities B (Research Scientist), with the same employer and The requirements for that position are a Masters degree with
one year of experience. Does this qualify for a EB2 ? Does EB2 require managerial
experience i.e. should you be managing people or is that not a requirement? The employer will later file for a PERM labor in EB2.
For the purpose of EB2 labor for the new position, I need to show 1 year of
work experience.
Question: Would I be able to use/show the work experience I
gained when I was working in job title A with the same employer? i.e. Will I
be able to use on-the-job work experience that I gained before I was promoted
to the new position? Remember, the current job title B (for which EB2 labor is
being filed) and requirements are significantly different from the previous job
title A and requirements (which only qualified for a EB3). Have anyone got their
labor approved in EB2 with work experience from the same employer? Are there any
USCIS published documents that coult clarify this?
I have my I-140 approved in EB3 and I have also filed for 485. Assuming the EB2
labor certification gets approved, could I re-capture my EB3 Priority Date? If so,
what is the exact procedure for doing that?
Is the attempt to process my labor in EB2 completely independent of my
existing EB3 labor and I-140? Will a denial of EB2 labor affect my existing
EB3 approved labor and I-140?
Thanks much for your time in helping clarify this.
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indiablues
12-26 10:08 AM
Pappu - thanks for the quick reply.
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
The reason I asked - I got the impression that IV is for the "highly qualified" people. I know "highly qualified" is a subjective term. I did 3 yrs bachelors in commerce from India. I was not sure if I am "highly qualified" or not. Reading through a forum I came to know about the SKIL bill - which I don't think is for guys with my qualification.
Is IV only pursuing SKIL bill or are there any other bills that would benefits people like me? If there are, then where can I read about those provisions? I want to browse though them and want to see if it would help my case.
Thanks again for your help.
IB
Thank you for joining IV.
IV is for everyone you have mentioned. Apart from the free legal advice we provide to our members by a qualfied immigration attorney we have a strong 7500 community of high-skilled legal immigrants that discuss immigration issues and problems.
You can get all the information from our website and know about the problems people face during the greencard process from
http://immigrationvoice.org/index.php?option=com_content&task=view&id=56&Itemid=25
and how we are working to solve those problems
http://immigrationvoice.org/index.php?option=com_content&task=view&id=78&Itemid=54
ps57002
10-04 09:02 PM
anyone?
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mena
11-14 12:59 PM
Hi,
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
Do anyone knows what kind of additional information is requested for Travel Document. Here is the message I see online:
Receipt Number: SRCXXXXXXXXXX
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: We mailed you a notice requesting additional evidence.
On November 13, 2007, we mailed a notice requesting additional evidence and/or information in this case. Please follow the instructions on the notice to submit the evidence and/or information requested. This case will be held in suspense until we either receive the evidence or the opportunity to submit it expires. Once you submit the information and/or evidence requested, you will be notified by mail when a decision is made, or if the office needs something further from you. If you move while this case is pending, call customer service.
more...
crsna
04-11 10:28 AM
Why are you waiting till jan 2008 to apply for green card? Once you file labor and complete one year, i believe you can keep extending your h1 on a yearly basis. So you do not have to go back to India.
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?
no other solution for this?
pls help me.
eb3India
06-28 01:25 PM
This will make immigration as a major issue for next presidential election
It would be really interesting to see how all these guys handle this issue and it will be jump start for many Republican candidates
It would be really interesting to see how all these guys handle this issue and it will be jump start for many Republican candidates
more...
pamposh
08-08 12:33 PM
Pamposh:
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
I am in the same boat. Is there anyway of figuring out whether USCIS Vermont recevied and Fwd to TSC / NSC?
What is your back up plan
VSC received the application based on the tracking info from UPS.
Whether they forwarded it to NSC or TSC- I don't know yet.
based on the question 6 in link below from USCIS, i think they will
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
BUT when I don't know! what will be the receipt date? Not sure!
No back up plan! I think we should be ok but don't know for sure. Filed on my own so no attorney to go to.
2010 Iron Maiden
shiankuraaf
01-06 09:02 AM
February visa bulletin will be out this week any day.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
I gave you RED for a misleading title for this thread. Be nice and clear.
What is the opinion of gurus who analysed that latest USCS numbers about dates? what do you predict?
I gave you RED for a misleading title for this thread. Be nice and clear.
more...
franklin
07-17 05:37 PM
[I]A. STATUTORY NUMBERS
You seriously think anyone is going to answer given your user name?!
You seriously think anyone is going to answer given your user name?!
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ksrk
06-02 07:01 PM
I'm sorry -- I didn't follow. Can I use the H1-B which has been extended for 3 yrs since my 140 was approved already for a yr and the visa numbers weren't current? (I've already used up by 6 yrs)
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
Thanks,
Murali
Sorry Murali, I wasn't clear in my earlier post.
1. Your new "extended for 3-yrs" H1B can be trasferred to your new employer. Your new employer files for the transfer of this approved H1B and you can work for the new employer legally with no hassles.
2. Now regarding your green card, since your PD is not current and you haven't been able to apply for AOS yet (and thus, "AOS pending for 180 days" isn't relevant either), you will have to restart your GC process - PERM and then I-140 followed by I-485 (when PD is current). At the last stage, when you apply for I-485 (AOS), you can recapture your older PD (Feb 2008), but not before that.
3. If you wait till you are able to file your AOS and then 180 days after you do file it, and THEN move to a similar job, then you won't have to restart your GC process. Now, given the current visa bulletin, this is hard to predict and there are no guarantees your job offer will still be available at that time.
Hope this clarifies my earlier post - sorry for the confusion.
more...
freedom1
01-22 04:18 PM
i got similar message, but this was for Advance Parole not 485...
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document OTHER THAN CARD manufactured and mailed.
On ... we mailed the document we manufactured based on our earlier approval of this case, and mailed it to the address on we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Your AP might be on your way!
Freedom1.
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manishs7
06-24 06:57 PM
NEBRASKA is currently processing 485 submitted as of Sep 26 2006 which means the backlog is of 1 yr 9 months.....
I guess this mean back log of 9 months..
I guess this mean back log of 9 months..
more...
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garamchai2go
12-19 10:30 AM
Do we have to carry all the Tax filing papers or just W2 is good enough?
I am planning to go for stamping in Jan. Thanks in advance for the input.
In my case they did not ask me any documents. They asked me about GC when applied, when I am travelling, etc., and that's all. It took less than 1 minute.
I carried W-2 of last few years and last 2 pay-slips. Check consulate or vfs website and you might get pointers or mandatory docs. I recommend, take everything you have..just in case..
I am planning to go for stamping in Jan. Thanks in advance for the input.
In my case they did not ask me any documents. They asked me about GC when applied, when I am travelling, etc., and that's all. It took less than 1 minute.
I carried W-2 of last few years and last 2 pay-slips. Check consulate or vfs website and you might get pointers or mandatory docs. I recommend, take everything you have..just in case..
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kanakabyraju
07-21 04:08 PM
I did receive the RFE today and what I have guessed in correct. USCIS is asking to submit the remaining medical work. My lawyer gave me 2 options. Once is to bring my wife here and complete the tests and second is to request to postpone the dates. He said that I can not garuntee 100% chances that your application would be considered if the dates become current. I am going to bring my wife for a week time since I have only 25 days left to respond.
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.
thanks
Kanaka
As it is mentioned in the RFE, I have to reply with the sealed envlope and copy of letter and the yellow paper attached. I did not receive any yellow paper along with the mail. Did any one received like this ?
My attorny also received the mail but not sure about the yellow paper at this point of time since they have to get the documents from other location. Any light in this regard is much appreciated.
thanks
Kanaka
more...
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nfinity
07-01 07:52 PM
I am in as well. If they play games with peoples lives, USCIS does need to be sued.
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idesign
05-11 01:23 PM
you could try contrasting the font colors from the image a bit, to make it more readable.
more...
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MerciesOfInjustices
03-06 08:32 PM
All,
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
In every campaign, every battle, there is a bunch of people who move the agenda forward, and there is a bunch of people who sit on the sidelines predicting the worst. Gnashing their teeth, ruing their fate, wondering if the people who are working are working hard enough...
...Read our basic documents and educate yourselves. I'm continually shocked by the number of people caught in this jam who can't be bothered to read about the mess they are in. If you are wondering which documents -- go to the Resources for lawmaker meetings page -- that has a list of 5 with links.
best,
Berkeleybee
Well said!
There are 270,000 in retrogression and nearly double this number in back-logs. If you wonder where are they, I think you will end up spending all of your time doing that!
I hear the refrain everywhere that - "they" will do something because of the sheer numbers, and the basic fairness of the US!
Please do not count on it! Our hopes failed once last year, and it can very well happen again! The cause is just, but it can only succeed if there is a clamor for it! So, call your lawmakers, and send personal emails to others to make them do so.
Send personal emails to members of the Indian community urging them to recall their days of struggle, and now contribute to those in the struggling phase.
Organize 'chai-samosa' or 'idli-sambar' fund-raisers, for God's sake, if nothing else - to raise funds!
Time is of essence - we may have just a month or two to board this bus together, or wait for the next one, God knows when!
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navyug
08-13 05:06 PM
My I-140 was approved 2 yrs back. I have more time on H1 like ..2 more yrs.
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to use my EAD or do H1 transfer. So far I have good relations with my employer.If I speak to my employer about my plans will he be able to hurt my case like thru I140 or any otherway?
After I switch jobs will I be able to go back to my old employer if I would want to .
Appreciate it if you can help me on this.
Thank you.
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
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sidd_k2002
03-24 07:30 PM
Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
Thanks for the reply. My question though is what will happen if i get laid off before October 1 2009, and my company revokes my H1? In that case will i be able to use my remaining OPT, since i will have my H1 cancelled by my company?
sivatallapaneni
04-04 03:19 PM
From Dallas.
desi3933
08-27 12:51 PM
My 140 is Approved from Company A.I haven't filed my 485 yet.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
My H1 6 Yr period ends in Mar 2009.I am planning to move to company B and request a 3 yr extn based on my approved 140(with Company A).
My qn is what if company A cancels my 140?
If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Thanks for your help.
>> My qn is what if company A cancels my 140?
3 year H1 extension may be denied.
>> If I get my 3yr H1 extn approved (before 140 cancellation) will my status be valid?
Yes.
____________________
Not a legal advise.
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