gc_on_demand
09-09 11:46 AM
I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
rbashir
09-01 09:10 AM
guys and gurus, Very desparate at this point, any help will be appriciated, I really need to answer these questions, please give me some guidance or some sample responses if any body of you have gone through same issues. PLEASE HELP
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
I have a very unique in RFE that I got. First a little background, My first H1 was with company A, from 2001 to 2003, in the year 2003 , the company had ran out of projects and had no more work for me. The vice president of the company A started his own company (company B) and offered me a job and did my H1b, I am still with the same company B till today. My labor is approved; I-485 is applied, got my finger prints done. Now the real issue, recently I got RFE on my I-140 and have 12 weeks to reply. With the standard RFE I have been as some other questions also. Here is my RFE in numbers
1 - It does not appear that the beneficiary has the two year experience in the job offered as required by the ETA 750 by the priority date.
My Question is how do I prove it
2- It is noted that (employer�s personal name) appears to be the Vice president of company A and Company B. Is this correct
Yes. I have explained the reason
3- The employment letter of company A is not dated and cannot be considered
What if I may get the employment letter with date, I do have my start date and end date mentioned though on the letter
4 - Please submit letter on company letterhead from former employers that identify their authors, the author�s job title and addresses and they must include detailed description of the duties performed including the dates of employments.
I do have the letters from my previous employers but not unnecessarily with the all informations that they are asking, how should I handle this
5- Please provide evidence the beneficiary has required experience as stated on the individuals labor certification by the priority date
6 - Please submit at least one of the following for 2003,2004,2005,2006 from the petitioner of the i-140
A copy of the corporations annual federal tax return including copies of all schedules or
An audited financial statement or
An annual report
7 - Please submit a statement from the petitioner and a statement from the beneficiary. Please explain the relationship between the owners of the petitioning business and the beneficiary.
8- Does the beneficiary have an ownership interest?
9- Is there a familial relationship [ between the owners, stockholders, partner, corporate officers, incorporators of the petitioner and the beneficiary/
10 - The indication must be made by the petitioner and the beneficiary
11- If a relationship does exist, please submit a detailed exploitation and provide evidence that the relationship was disclose to the Department of Labor prior to the certification of the ETA.
Now, I do not have familial relationship with the vice president of the company, I do not have any owner ship interest in the company. It is strange the VP of the company A and company B is the same guy , since he left company A and started his own company B and I moved with him to company B since he has a job for me.
Please help me here, I am really worried what to do and how to have all this information replied.
Thanks
iv_newbie_2007
09-16 09:38 AM
OLDMONK,
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
My wife's situation is the same too. Our EAD application reached on July 3rd, we both have EAD receipts but only my status is "card production ordered", whereas hers is still "received and pending". Did you both get EAD cards already?
Coming back to the point, my attorney is one of the very best attorneys in the DC area and the paralegal I spoke with said EAD has nothing to do with visa status, and my wife HAS to maintain either H-1b or H4 status. Additionally, since COS has been issued (your wife also?) my wife will be on H1 automatically come October, and H4 reinstatement is a must. If she doesn't show up to work from Oct 1, she will be out of status, unless H4 is reinstated.
My attorney is charging $500 as processing fee and USCIS fee is $300. I personally know people who have filed this on their own, so I'm thinking if reinstatement is a must, then we will file the application ourselves. How much does your attorney charge?
GULUT,
FYI, my wife wants to stay on H4 not because she doesn't want to work, its that she doesn't want to work on H1 since her EAD is on its way. Also, she probably has more education and experience than you do! So stop whining and get on with your life. This "H4 spouses are wasting H1 quota" bitching is getting old ...
Same situation here. As per my lawyer (good lawyer can be trusted but could be ill informed) If my wife doesn't join the employer there is no status change. No need to file any reinstatement from H4 to H1. And I have reconfirmed this a couple of times now.
If you hear anything different from a legit source please do let me know.
Other relevant details in my case is that my wife's ead/ap application was filed on 2nd July. and She is under Adjustment of Status (485) as a derivative. On a second thought, I am not sure if this is the same case as yours.
bkn96
02-18 10:58 AM
My MTR got approved in 2 months from TSC.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?
I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.
more...
nixone
08-27 10:03 AM
Thanks chantu and fresheb2.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
I have one more question regarding plane tickets. My parents bought ticket that has OPEN RETURN DATE, but the maximum validity of the ticket is SIX months.
They do not know the exact date when they are going to return and they also do not know how long the stay permit will be given to them (even though I have heard that normally 6-month stay is given). Now some people are saying that the Officer at Port of Entry does not like when there is no specific date of return.
Do you guys think my parents need to change the ticket or they need to have the return date mentioned on the ticket (the date that we do not know yet)? They are flying in less than 2 days. Thanks.
sanan
06-04 09:11 PM
What is your PD and category?
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
I filed my 485 in July 2004. My PD is current now, does anyone know what happens next?
Thank you.
delhis
more...
andy garcia
09-15 10:43 PM
Do we have any guesstimate for the number of attendies for the rally?
Around 2500
Around 2500
venkygct
08-16 09:59 AM
whats the reason for not using IV Tracker feature for this purpose?
more...
robert5156
07-26 11:56 PM
I need your input.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
My PD was Feb 2006-EB2.
I changed job on June 22nd to another company using EAD. Now the PD has become current for Aug.My old company and the new company are in different cities but it is the same state.
I was planning to apply for AC-21 but i have not gotten consistent pay checks yet. My first check was a partial check. I will have 2 consistent paychecks by Aug 15th.
1) Is it safe to just wait and see if i get a 485 approval without alerting USCIS about my job change?
I am thinking since the job change is very recent they might not know about this job change.
2) If they denied my 485 application for any reason ,can i continue to work while i apply for "reconsidering my 485 application" and file AC-21 with the new company?
Please advice what you think about this. Basically i am trying to "not rock the boat" and raise suspicion and more RFEs by notifying them about this very recent change.
Thank you very much for your advice and help in this matter.
saimrathi
07-09 12:46 PM
PLease post the link..
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
more...
tnite
07-19 10:18 AM
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
I dont think so .maybe some one chime in
The job description and job title should match what he was doing earlier , If I am right
kanakabyraju
07-16 01:39 PM
I think the best way is to bring her back, because its Preferable to go to the same doctor
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
thanks for the helpful info. Any other had similar experience ?
were you had done intial exams
Moreover to the best of my knowledge this cannot be done in india
I had to call my wife back for the same reason in May
hope this helps
thanks for the helpful info. Any other had similar experience ?
more...
indyanguy
01-14 12:43 PM
For a long time, I have had this urge to be self employed but personal reasons and the immigration system was a deterrent factor for me in turning this into a reality. Now that I have an EAD, I would like to reexplore this idea and wanted to know if there are any entrepreneurial organizations that I could become a member of that will help me network with like minded people. I have heard of TiE and am getting to know more about this organization. If any of you are members, feedback on how it has helped you will help a lot of people planning to join. Are there any other clubs/orgs that help people like me can bounce ideas off of and help bring together like minded people under the same roof?
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
Thanks
PS: I had plans of pursuing an MBA for the sole purpose of networking. Unfortunately, this is not something I can do at this point of time.
jeevarakkiannan
07-17 06:19 PM
I suggest we add our photos to the thank you letter. This way, the thank you letter will be more personal.
What do you think?
What do you think?
more...
gemini23
08-02 11:28 AM
if you dont have experience letters from past employers, you can attached notarized affidavits from your past colleagues. that affidavit need not be on a letter head, as it is from an individual (as opposed to a company).
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.
This info is from my lawyer.
Hope this helps.
Make sure it has details on begin date, end date of your jobs and designations along with job description(should be same as in LC). Also provide the phone number, address, designation of the person who is giving your the affidavit , in the affidavit letter.
This info is from my lawyer.
Hope this helps.
chapper
07-19 10:56 AM
Good Question - I'm also looking for an answer along these lines. We should work to find a solution
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
Can you start residency on EAD if you are the primary for 485? Meaning, can you use AC21 and change jobs from research to residency after 180 days from filing? Please help, really confused.
more...
gcboy442
09-12 05:01 PM
Guys
I got my receipts yesterday...My case is
I-140 (TSC)
Delivered at 10:25 on July 2nd Received by J.Barrrett..(NSC)
LUD on 08/05/2007 (I-140)
Receipts got from Texas, start with SRCXXXXX
I got my receipts yesterday...My case is
I-140 (TSC)
Delivered at 10:25 on July 2nd Received by J.Barrrett..(NSC)
LUD on 08/05/2007 (I-140)
Receipts got from Texas, start with SRCXXXXX
senram
01-04 12:22 AM
It is possible that India might take this to WTO. But that is a long shot and by the time result comes it will be 2 years or more and law itself is irrelevant.
It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?
It's all gas gas gas... Manmohan Singh is heading one of the most corrupt & messy govt. in the history of India. All the ministers are busy looting the country and would like to make most in the remaining 3 years of their terms. Forget they will do anything that would benefit anybody else but themselves..it's only that overexcited journos ask the ministers what they will do and without even thinking they vomit nonsenses. Think logically how this can be a WTO issue, it is completely in their jurisdiction whatever fees they may want to charge, take it or move on...nobody is forcing them to use the expensive Visas ?
fittan
04-23 01:14 PM
If unsure, go with the lease date. No harm informing USCIS earlier. I've changed my address before and trust me...it is a freaking mess. Here's my advice:
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
1) If you file online, make sure you save yr receipt. If paper file, make sure it is certified/registered mail.
2) 1 to 2 months after filing, schedule an Infopass and ask the officer to verify the updated address.
Fittan
Dipika
08-04 09:07 AM
Signature is updated.
maccaid
06-22 04:37 PM
If she were to change her name now.. and get a new passport or ID.. it might take longer and jeopardize your ability to file for AOS. Good would be to apply for AOS in her current name now.. and once you get your AOS approved.. then she can change her last name.
to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.
I'm EB3-ROW
PD March 23, 2007
to get AOS approved will take very long time right? depending whether I'll be stuck in FBI name check and the date not retrogress when they process my AOS.
I'm EB3-ROW
PD March 23, 2007
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