India_USA
10-20 09:44 AM
Is this from NSC or TSC? Also, did your attorney include your diploma with your B.Sc to equivate it to a 4 year degree at any point during the filing of the I-140?
If your diploma is accredited with a recognized university - you should be fine.
If your diploma is accredited with a recognized university - you should be fine.
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fcres
07-26 01:00 PM
I dont think 140 approval notice is manditory, in many cases employees do not have 140 approval notice because that is a property of employer and not employee, 485 receipt notice is fine.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
You might be right. Anyway i got this info from another thread here. I had the copy, so i included it.
slammer
10-09 12:49 PM
Regular processing being what ? AOS ?
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amitpan007
06-21 10:15 AM
I did it few years (i think 4-5yrs) ago at CGI - SFO and it took about 4 weeks.
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ImmigrationAnswerMan
06-29 12:22 PM
Anil:
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
While you can apply for an H-1B, the petition will not be approved for a change of status. Rather you will have to go back to your home country at the end of your L-1 status and apply for the H-1B visa in your home country, based upon the approved H-1B petition.
This is because your status will expire with the expiration of your I-94. So there will be a gap of about a month or so between your I-94 expiring in August and the H-1B petition start date of October 1st.
Your wife's status is tied to your status, so she will have to leave with you and come back on H-4 or get her own H-1B. She will not be able to work on H-4.
Whether or not you can apply for a green card now depends on what category you are eligible to apply in. The answer is probably no. Your L-1 was probably denied because you could not show that you had developed your company enough in the past year to warrant an extension of the L. That same issue is going to be a problem with you being able to file for an EB-1 multinational manager or executive. Any other category you are probably eligible for is going to require you to go through the PERM process.
Better_Days
03-04 02:44 AM
Hi All,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
Here is my situation and I would like to get some feedback.
My I-140 sometime back was denied as I have a three year Bachelor degree and the Labor had asked for "3-year Bachelor or foreign equivalent" (I did use the threeyearpeople.com but it did not pan out for me). I had my lawyer file an appeal immediately. I know it probably will be denied but I have exhausted my 6 years on H1 and need to have the process going for H1 extensions.
I also started a new PERM process, this time without the degree requirement. My PERM was approved and I-140 has been filed.
Now The thing is that I about to finish my masters in May and after I get my degree I am considering filing an EB-2 petition using my Masters. My questions are:
1) Can I use the masters degree that I got with the same employer for filing a new process under PERM? The lawyer is saying that I cannot but my research seems to indicate that while we cannot use the experience gained with the same employer, there is no restriction on using the degree that we receive with the same employer as long as the employer does not pay for it. Am I correct? If so, can someone point out an official resource? a memo or something. I intend to take it to my boss and try to convince him to refile in EB2. The reason of course being that EB3-ROW is retrogressed.
2) Can I have two GC with the same employer? I know that I can have 2 GC pending with 2 different employers but can we have them with the same employer? Are there an requirements in terms of salary, job title etc?
Thanks in advance for your input,
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kukitron
08-07 09:01 AM
Hello Gurus,
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
I am currently looking for a job and I have a US Master's degree. I am stuck in this retrogression and my lawyer applied for EB3, and I have no choice but looking for another job that requires me a M.S. with higher salary so I could apply for EB2
Do you know where I can see which is the minimum wage for applying as EB2?? I remember in my Labor certification there was a place where I used to check minimal wage requirements.
I am rest of the world, and having an EB2 application will let me jump out of the retrogression if EB2 continues to be available
Thanks in advance
Kukitron
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windycloud
02-01 11:08 AM
Just resolve their issues so you will see most of them opening new businesses, buy houses - this will trigger high financial activity and will improve the economy automatically. Unemployment will be a thing of the past.
With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
With all due respect, this is a bit of a self-serving exaggeration don't you think? Unemployment will be a thing of the past if they give all of us greencards? I trust many will buy properties and start businesses but enough to fix unemployment entirely??? Trust me I want my GC as badly as the next guy in line. But if we start warping facts and reality to make claims and statements in benefit of our own interests, and even worse if we actually BELIEVE in them, we'd no longer be fundamentally different from those gun clinching, Jesus loving, Obama hating rednecks of this country. We are far better educated than those average Joes and let's try to think, talk and act like it.
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boston_gc
01-25 05:49 PM
Which US consulate did you apply? Do you already have H1B on your passport? I think the best option will be to approach your employer and have them sort this issue out. Sometimes, the consulate will request for some additional information from the employer and once they get this information, they will issue the visa.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
Good luck!
I am in a distress please help me. I attended the US consulate for a new H1B Visa. The visa was refused under 221(g). The reason mentioned for the refusal was:
Your petitioner does not appear to be either able or willing to provide qualifying employment in the United States in accordance with appropriate laws and regulations.
VO mentioned the documents will be sent back to USCIS. Pretty much kept all the documents like I-797, I 129, petition documents, certificates, client agreement, etc.
They mentioned the candidate profile is good but they have doubts about the employer. As far as I know and through my research the employer is good and have all the necessary documents correct. There is nothing wrong in the documentation and every thing is as per stipulated guidelines.
The employer has a good employeee strength and I had good feed back from other employees as well. I am pretty sure the employer is in a position to employ and provide the salary. I do not know on what basis the USCIS has come to conclusion that the employer is not qualified. Only few days back there were two visas granted for the same employer.
Please advise me what to do next. I need to do things urgently as I do not have enough time left (only few months ) on the H1 B Validity.
1. Do I need to send a mail to Consulate asking the specific reasons for denial?
2. Do I need to write to the senator or some one about this?
3. Do I need to consult an attorney about and re-request for a review of the petition?
4. Do I need to ask the employer anything specific.
I have been banking on this opportunity for the last two years and had planned everything hoping everything will go smooth. I am in a distress. Please advise me the next steps urgently so I dont loose the opportunity.
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inskrish
09-05 05:14 PM
Inshkrish,
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
You mentioned only you got welcome email not your dependents...I am confused...for me I received the approval email but no status change for my wife even on the telephone check , she opened a SR on Friday...
Were your dependents approved when you checked on telephone or how did you come to know that their cases got approved (by postal mail or phone?)....my lawyer also mentioned my name only ofcourse he received the same CRIS mail that I received....
I am not sure how to check...if online is not reliable...
Regards,
SoP
I had an Infopass appointment. The IO checked the status of my two dependants and confirmed that their cases were also approved, although the online status still says their cases are pending.
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wandmaker
02-17 11:43 PM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
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Siddharta
01-11 11:03 PM
Per Canadian Immigration law, if a person is offered a PR and if thats not used, then that person wont be given another PR the second time. ....
Do you have a link to this info anywhere (official website?)
Do you have a link to this info anywhere (official website?)
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Kevin Sadler
May 27th, 2005, 12:04 PM
Hi scubadude. Everyone is giving great advice. Honestly I would stay away from photoshop for now and concentrate on getting the best image you can make when you press the shutter. That will save you a lot of time over the long run. We all struggle at this but if you train yourself to do these steps you'll be waaaay ahead of the game:
1. "See" the picture you want before you take it
Let's take this pic for example and for sake of argument your goal is to make a portrait/headshot.
Armed with that information you can make the following decisions:
a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.
b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)
c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.
d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.
e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.
got it? one more quick scan.......looks ok. click.
I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin
1. "See" the picture you want before you take it
Let's take this pic for example and for sake of argument your goal is to make a portrait/headshot.
Armed with that information you can make the following decisions:
a. I need to blur that background so I need a wide aperture, better switch to aperture priority and crank it up.
b. humans need catchlights in their eyes so i better use some fill flash (you do have your flash mounted all the time right? lol)
c. hmmm even though she's got a heart of gold and a great smile she gets rather stern looking when i stick this big camera in her face so I have a choice. I can hang out and get a couple of candids when her guard is down, or I can talk to her and get her feeling comfortable about what i'm doing and how she looks.
d. these dang digital slr's are sooooo unforgiving to these poor ladies that i'll bump up my exposure compensation +1/3 to +2/3 to give her a brighter, "cleaner" look.
e. ok now remember to get the focus point on those eyes and get the eyes above the centerline.
got it? one more quick scan.......looks ok. click.
I know it sounds like a lot but with practice and taking lots of pictures and participating in places like dphoto you'll be able to do that kind of drill in the blink of an eye. You will only "need" photoshop for refinement and creative ideas and not need to "fix" photos. You've got good gear and a good attitude and the world is filled with subjects so you're on the right track to success. later, kevin
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tnite
07-26 09:50 AM
Just noticed that my lawyer has attached marriage certificate of my co-worker in the dependendent's petition. I am waiting for the receipt.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.
What are the impacts of this mistake? To compound the issue, my wife is flying out next week for a month to India.
Gurus any answers on this is deeply appreciated.
You will gen a RFE and while sending the RFE response make sure you write a nice letter to USCIS mentioning that the law offices screwed it up.
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omved
05-05 02:25 AM
Gurus / Attorney,
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
Please suggest..
I got RFE for my employment verification and bona fide marital status..I have following questions..
I am still working on current position but my salary is more now compared to two years ago when I submitted my I485. Both past and current salary is more than Labor requirement. In my employment verification RFE letter, should I mention my current salary OR would it be a problem for I485 petition.
I am submitting joint tax return as a proof of bona fide marital status. My annual modified gross income is more than my current salary as a result of yearend bonus. Once again, I hope it won't create a problem for I485 application.
I would highly appreciate your any advice in this regard.
Thanks,
EB2 - India / PD 04/06, I485 receipt date 09/07
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bskrishna
05-15 11:33 PM
Lots of positive starts...have to see which ones will make it..
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andy garcia
09-17 12:49 PM
Come on Andy - I am looking forward to see you in DC
I saw those guys in the situation room. I will look like their grandfather.:mad:
I saw those guys in the situation room. I will look like their grandfather.:mad:
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chanduv23
10-13 07:37 AM
Jaime - my friend - I am in for another rally. What worries me is that, there is still a lack of motivation from the immigrant community. We need atleast 50,000 skilled workers rallying in DC.
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chanduv23
11-21 11:08 AM
Wonderful holiday season to all IV members and their families.
Drive safely if you are planning to drive, if you are flying or other means, get early to the place of travel.
Have a wonderful time, have faith on IV and lets keep the grassroots efforts on going.
Drive safely if you are planning to drive, if you are flying or other means, get early to the place of travel.
Have a wonderful time, have faith on IV and lets keep the grassroots efforts on going.
GCNirvana007
04-07 05:15 PM
Hi Friends.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
I got the pink slip 3 weeks back with one month severance. So my target was to secure the job in one month to avoid loss of pay. Finally secured the job with 3 offers from 3 top companies.
Some tips if it may be helpful to others , that I recently expereinced
1. Read your resume thoroughly and see if there are anything that you can improve and make the resume with the core skills, do not make the resume of mix of different profiles, like dba, architect, project manager, make them all seperate.
2. Try to make the submission to the direct employer or recruiter on top of the chain. You can do that finding contacts on linked in.
3. Do not compromise a lot, this makes these recruiters to think that you are vulnerable for any exploitation, (happened with me, I kicked there butt after getting selected and telling them on why did I do that)
All the best to everyone.
Good stuff buddy.
Immigration forum can always make an exception for job opportunities/sharing. I remember seeing a thread dedicated to it as well. Best thing to do, help each other.
anandksingh
04-30 10:28 AM
Just made my contribution.
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