hebron
06-22 02:01 PM
Hey, thanks for the feedback and clarifications. Good to know that my EB2 will not affect the existing EB3. Yeah, I agree things are kind of grey when it comes to using the on-the-job work experience. I guess it depends on individual circumstances and there is no certainity about what will apply where.
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
HI latbsol, Just curious, did you file EB2 with the same employer?
It would be really nice if the USCIS publishes some clear written material on these rules and regulations, like a FAQs that answers the most nagging questions someone has about Employment Based immigration. Does something like that exist? Does anyone know?
Thanks
HI latbsol, Just curious, did you file EB2 with the same employer?
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m1801b
09-11 12:33 AM
Thanks for all the suggestions. Today, I discussed my option (H-1b extension and PERM) with a local lawyer. He mentioned that:
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
1. I can't recapture the time spent outside USA in the last 6 years for the new H-1 extension since I am currently in my 8th year of H-1 extension. I could have recaptured the time only if it was for 7th year extension.
2. If my employer transitions me to the new outsourcing company (my employer is transitioning all IT to this outsourcing company) instead of laying me off, my LC and I-140 won't remain the same since it is not a situation of acquisition or merger where the new company gets all liabilities from the old company. It will depend on the new outsourcing company whether to file a new petition for me or not.
3. If I am laid off with a severance pay (I know for sure that I would get 6 weeks of severance if I am laid off), I can show this amount as my usual salary for the next 1 and half months. This will give me ample grace period for doing the new H-1 and PERM with any new employer.
4. Even though my current H1 extension is valid for another 9 months only, the new H-1b petition with a new employer will get me 1 whole year of H-1b extension.
I felt that the the local lawyer (he is not 100% into immigration) was not 100% sure about the above things.
I am planning to talk to some other attorney (who is only into immigration) this weekend but I would appreciate any suggestions of you friendly and helpful folks over here in IV.
Some folks have suggested me to get a consulting from someone from Sheela Murthy.
Thanks you so much.
koti
10-28 01:52 AM
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
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nashim
08-06 02:40 PM
for EB2 I-140 approval, candidate must have 4 years bachelor + master degree or 4 years bachelor + 5 years experience
more...
JunRN
07-18 10:29 AM
I discussed this to a lawyer. He said that even if I file in August, it will still be accepted since I am qualified to apply in July. This is a bit confusing.
I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.
I was thinking of looking for new employer which already has all the paperworks done (10 + 30 days). These are valid until 180 days. I hope to find one so that I can file this July.
monkeyman
02-04 05:33 PM
First of all, you need to heed to your lawyer's advise. Any charges that demonstrates a lack of good moral character can prevent a re-entry even if you have your green card. Any crime against a person with intent to harm is sufficient charges to reject entry or deny I-485 or revoke the GC. I do know that road rage conviction, DUI, drugs found in person qualify for such denials - I am not sure about domestic violence - hence my recommendation to consult with attorney.
Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).
If you were out of status, attorneys advise you to not leave the country.
Most of the people who are denied entry on AP are people who were out of status (people whose visa expired and they overstayed, H-1 visa holders who ran out of the period and cannot justify the delay between the H-1 expiry date and EAD issued date).
If you were out of status, attorneys advise you to not leave the country.
more...
vimalm
08-22 10:40 AM
She will be a new candidate. Her 6 year clock for H status has already started, though. I.e., she only has 4.5 years left.
Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.
Don't agree with this. According to a revision some time ago, time in H4 status is no longer counted against H1-B 6 yr limit.
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Dhundhun
04-15 02:52 PM
Practically not much.
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
If FP is for EAD, one is likely to get EAD soon with fingerprints.
If FP is for GC, it usually gets OK in 2-10 days and then there will be a soft LUD. GC application remains in pending state for Priority Date, Processing Date and Name Check (now there is NC override of six months).
FP is not a bottleneck, except for few cases - they have not received FP notices for the past 8-10 months.
It is expected that Priority Date and Processing Date will be cause of delays
more...
bestin
05-15 10:20 PM
Sorry for high jacking the thread but I wanted some info on eb2 perm and greencard over all
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
My qualifications are
Bachelors in engineering - 4 years
Masters in computer science - 2 years in US
Experience of 6 years in software dev
My job requires BS+5 years only , Masters in not a requirement.
Can I file in EB2 ...could you please elaborate your experience in eb2 .
Yes You Can.My 140 is still pending in EB2 category.
Mine is BE-4 Years
7 Years Experience in Indian Branch Office of the current Company + Approx 9 months outside this company.
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starving_dog
07-03 10:19 AM
No, a Canadian citizen cannot work in the US without a Visa. The options available are TN (Treaty Nafta) visa and H1-B for the average skilled worker. We (Canadians) are in the same boat with the Indians, Chinese, etc. awaiting our priority dates to become current. Mine is 01/11/02 so I have some hope that it will become current in the next year. Until then, I have to pay a premium for property taxes (no homestead exemption) on Florida's east coast.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
more...
cris
01-09 07:33 AM
I wish both of them good luck to get visa stamp. it will be tough taking into consideration there is indian invasion in US. there are a lot of indians here in US on legal status,but a considerable precentage of indians coming here on visitor visa and stay illegally after I94 expired and trying to convert "visitor" visa to something else.
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setpit_gc
06-05 04:56 PM
I got another soft LUD today (06/05/2009)
more...
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bobmielke
July 6th, 2008, 10:10 AM
I also own a Nikon D40X. I feel you should adjust your aperature for the highest number that will allow a shot. My reason for saying this is that depth of field, the control of areas of sharpness in a photograph, can be easily done by graphic software after the shot is processed. My experience comes from film slr cameras & lots of darkroom time. Since switching to a digital slr I now shoot for everything as sharp as possible & then alter the areas in a photo that I want less sharp later. Saves time & makes for overall sharper images.
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glus
11-17 12:05 PM
Hi, I recently got a H1B extension stamping in Chennai consulate upto 2010 and I came back to SFO last week. Since my passport is expiring on July 2009. I-94 was issued upto July 2009.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Hello,
Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.
Now my issue is to extend my I-94 upto the validity of H1B visa. I went through similar thread and it says crossing US border to Mexico or Canada will do to get the new I-94. So I am planning to make a trip to Mexico after my passport got renewed to renew I-94. Does it work?. Or do I have to go out of American Continent to get the new I-94. Some thread from (other sites) said, I need to go out American Continent..Is it true?.
Or is there any other way to extend my I-94 without crossing the border?.
Gurus - Please help if you faced any similar situation and sucessfully got your i-94 renewed.
Hello,
Yes, you can do this if you are from country that allows you to enter Canada without Canadian visa. Then, you would need to give away your previous I-94 and get a new one upon re-entry to the United States. The problem is that some airlines don't want to take I-94 back if they know you are not traveling for over 30 days to Canada. This is especially true if you enter Canada via road. Somehow, it is best to explain why you need to give your old I-94 away. If they don't take your old I-94, you can ask an immigration officer for a new I-94, explaining the situation. Then, if lucky, he takes your old I-94 and issues a new one with correct date.
more...
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uimv
03-15 01:55 PM
Incorrect!
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
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)
Switching from H-1B to EAD comes under change in employee's eligibility. That's the reason new I-9 is filed (to reflect change in employee's employment eligibility).
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)
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07-17 10:51 AM
We are close to 20k membership and growing...
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fromnaija
06-23 02:05 AM
Reading the SOP on I-485 processing, I found that the application is stamped with the receipt date in the mail room. When the package is eventually opened the receipt date is compared with the visa bulletin as of that receipt date and if PD is not current the application is rejected.
Yeah, its not worth the risk. Just curious about how this timeline works though.
Yeah, its not worth the risk. Just curious about how this timeline works though.
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purgan
03-14 01:28 AM
So now we have it....an official National panel has declared it.
Immigration restrictionists are US schools have been doing just fine and so the country doesn't need scientists and engineers from abroad. Well, this just proves they have been llying all along...just because they don't like immigrants and don't want any competiton.
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR2008031301492_pf.html
===
Panel Urges Schools to Emphasize Core Math Skills
By Maria Glod
Washington Post Staff Writer
Friday, March 14, 2008; A06
A presidential panel declared math education in the United States "broken" yesterday and called on schools to focus on ensuring that children master fundamental skills that provide the underpinnings for success in higher math and, ultimately, in high-tech jobs.[/B]
The National Mathematics Advisory Panel convened in April 2006 to address concerns that many students lack the know-how to become engineers and scientists. The 24-member panel of mathematicians, education experts and psychologists said yesterday that students need a deeper understanding of basic skills, including fluency with whole numbers and fractions. It urged more training and support for teachers and called on researchers to find ways to combat "mathematics anxiety."
Larry R. Faulkner, chairman of the panel and former president of the University of Texas at Austin, [B]said the country needs to make changes to stay competitive in an increasingly global economy. He noted that many U.S. companies draw skilled workers from overseas, a pool that he said is drying as opportunities abroad improve.
"Math education isn't just about a school subject," Faulkner said as the panel released its final report at Fairfax County's Longfellow Middle School. "It's fundamentally about the chances that real people all across this country will have in life. And it's about the well-being and safety of the nation."
Scores from the 2006 Program for International Student Assessment showed 15-year-olds in the United States trailed peers from 23 industrialized countries in math.
The panel stressed that many students are simply befuddled by fractions. And one panel member noted that a recent survey of middle school students found that 84 percent would rather clean their room or take out the garbage than tackle math homework.
President Bush charged the panel with examining ways to ensure that students have a strong grasp of the building blocks needed for algebra, a gateway to higher math. Students who complete Algebra II are more likely to attend and graduate from college.
Education Secretary Margaret Spellings said the report's release was a "seminal moment" in math education and urged teachers, school boards, colleges, interest groups and parents to use it as a guidepost to refine instruction.
"I want every stakeholder in the equation of education to look at all of this and act on it," Spellings said. "I think there are very actionable steps right now. Teachers, starting today, can pay more attention to fractions."
The panel concluded that the math curricula and textbooks in elementary and middle schools typically cover too many topics without enough depth. It noted that countries in which children do best at math, including Singapore and Japan, emphasize core topics.
The panel identified benchmark skills that students need for a strong math foundation -- for example, that students be able to add and subtract whole numbers by the end of third grade. By the time students leave fifth grade, the panel said, they should be able to add and subtract fractions and decimals.
"I think the main message of this report is simple -- content is king," said Tom Loveless, panel member and director of the Brown Center on Education Policy at the Brookings Institution.
It's not just lessons that need to change, the panel said, but also the nation's attitudes about math. In a culture in which parents say they "weren't good at math either," children assume they don't have the talent for numbers. The panel said that research shows that practice pays off and that adults need to give students that message.
The panel also weighed in on the long-running battle between traditionalists, who favor a focus on memorization and drilling, and those who prefer stressing concepts and letting students make connections on their own. Students need to know math facts and have automatic recall, Faulkner said, but they also need "some element of discovery."
"I think this panel has gradually evolved to the view that most members believe that most effective teachers draw from both philosophies at different times," he said.
The panel met a dozen times, heard testimony from groups and individuals and reviewed thousands of research papers. The panel said that it is "self-evident" that teachers need to have strong math skills but that more research must be done to find the best ways to prepare them.
Local educators, business leaders and interest groups were delving into the report yesterday afternoon. School officials in Montgomery and Fairfax counties said the recommendations mirror efforts underway to help more children successfully complete an algebra course by the end of eighth grade.
Roy Romer, former governor of Colorado and chairman of Strong American Schools, said the report illustrates a need for states to voluntarily agree on standards that are "uniform for all of America and benchmarked against the rest of the world." The nonpartisan group seeks to make education a priority in the 2008 presidential election.
"We include too much, we're much too broad and we don't go deep enough," said Romer, who also served as Los Angeles school superintendent. "We put out these textbooks with 750 pages, and if you're a fourth-grade teacher, you can't teach 750 pages. You have to be selective."
Immigration restrictionists are US schools have been doing just fine and so the country doesn't need scientists and engineers from abroad. Well, this just proves they have been llying all along...just because they don't like immigrants and don't want any competiton.
http://www.washingtonpost.com/wp-dyn/content/article/2008/03/13/AR2008031301492_pf.html
===
Panel Urges Schools to Emphasize Core Math Skills
By Maria Glod
Washington Post Staff Writer
Friday, March 14, 2008; A06
A presidential panel declared math education in the United States "broken" yesterday and called on schools to focus on ensuring that children master fundamental skills that provide the underpinnings for success in higher math and, ultimately, in high-tech jobs.[/B]
The National Mathematics Advisory Panel convened in April 2006 to address concerns that many students lack the know-how to become engineers and scientists. The 24-member panel of mathematicians, education experts and psychologists said yesterday that students need a deeper understanding of basic skills, including fluency with whole numbers and fractions. It urged more training and support for teachers and called on researchers to find ways to combat "mathematics anxiety."
Larry R. Faulkner, chairman of the panel and former president of the University of Texas at Austin, [B]said the country needs to make changes to stay competitive in an increasingly global economy. He noted that many U.S. companies draw skilled workers from overseas, a pool that he said is drying as opportunities abroad improve.
"Math education isn't just about a school subject," Faulkner said as the panel released its final report at Fairfax County's Longfellow Middle School. "It's fundamentally about the chances that real people all across this country will have in life. And it's about the well-being and safety of the nation."
Scores from the 2006 Program for International Student Assessment showed 15-year-olds in the United States trailed peers from 23 industrialized countries in math.
The panel stressed that many students are simply befuddled by fractions. And one panel member noted that a recent survey of middle school students found that 84 percent would rather clean their room or take out the garbage than tackle math homework.
President Bush charged the panel with examining ways to ensure that students have a strong grasp of the building blocks needed for algebra, a gateway to higher math. Students who complete Algebra II are more likely to attend and graduate from college.
Education Secretary Margaret Spellings said the report's release was a "seminal moment" in math education and urged teachers, school boards, colleges, interest groups and parents to use it as a guidepost to refine instruction.
"I want every stakeholder in the equation of education to look at all of this and act on it," Spellings said. "I think there are very actionable steps right now. Teachers, starting today, can pay more attention to fractions."
The panel concluded that the math curricula and textbooks in elementary and middle schools typically cover too many topics without enough depth. It noted that countries in which children do best at math, including Singapore and Japan, emphasize core topics.
The panel identified benchmark skills that students need for a strong math foundation -- for example, that students be able to add and subtract whole numbers by the end of third grade. By the time students leave fifth grade, the panel said, they should be able to add and subtract fractions and decimals.
"I think the main message of this report is simple -- content is king," said Tom Loveless, panel member and director of the Brown Center on Education Policy at the Brookings Institution.
It's not just lessons that need to change, the panel said, but also the nation's attitudes about math. In a culture in which parents say they "weren't good at math either," children assume they don't have the talent for numbers. The panel said that research shows that practice pays off and that adults need to give students that message.
The panel also weighed in on the long-running battle between traditionalists, who favor a focus on memorization and drilling, and those who prefer stressing concepts and letting students make connections on their own. Students need to know math facts and have automatic recall, Faulkner said, but they also need "some element of discovery."
"I think this panel has gradually evolved to the view that most members believe that most effective teachers draw from both philosophies at different times," he said.
The panel met a dozen times, heard testimony from groups and individuals and reviewed thousands of research papers. The panel said that it is "self-evident" that teachers need to have strong math skills but that more research must be done to find the best ways to prepare them.
Local educators, business leaders and interest groups were delving into the report yesterday afternoon. School officials in Montgomery and Fairfax counties said the recommendations mirror efforts underway to help more children successfully complete an algebra course by the end of eighth grade.
Roy Romer, former governor of Colorado and chairman of Strong American Schools, said the report illustrates a need for states to voluntarily agree on standards that are "uniform for all of America and benchmarked against the rest of the world." The nonpartisan group seeks to make education a priority in the 2008 presidential election.
"We include too much, we're much too broad and we don't go deep enough," said Romer, who also served as Los Angeles school superintendent. "We put out these textbooks with 750 pages, and if you're a fourth-grade teacher, you can't teach 750 pages. You have to be selective."
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kishore0302
08-06 04:53 PM
DDash ,
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
Nothing to worry. We will be fine. I also sent my wife's 485 application on july 31, 2008 ( reached to NSC on Aug 1, 2008) .Check was deposited and cleared yesterday.
you will see your wife's check clearence today or tomorrow.
any way, Congrats...
marty
08-27 01:34 PM
What do you guys think about the movement in EB3 ROW cases starting from October 2008? Does anyone has exact numbers on how many EB3 ROW cases can be approved in a given fiscal year?
Thanks and good luck to you all.
Thanks and good luck to you all.
aniltatikonda
05-12 10:39 AM
Congrats!! Wish you Good Luck
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