AK01
03-26 10:48 PM
Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
Simply untrue.. The magic word is: progressive, progressive, progressive...
From horse's mouth:
http://www.immigrationlinks.com/news/news215.htm
(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.
EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.
From the link:
The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.
Position 1: Staff Software Engineer
ETA 750 Item 14:
Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.
ETA 750 Item 15:
Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.
It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.
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quizzer
02-23 04:54 PM
Thats true, When my I-140 was approved, as per the site my date was atleast 2 months away, but i received the approval notice. :)
Shirish,
Can you give more details about your I140?
EB2 or EB3?
NSC or TSC?
RD and AD???
Thanks
Shirish,
Can you give more details about your I140?
EB2 or EB3?
NSC or TSC?
RD and AD???
Thanks
ash27
04-02 10:20 PM
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
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humdesi
12-07 10:37 PM
I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
more...
wonderlust
10-04 11:50 PM
I believe it is random and chaotic. WORSE, we have been powerless to control or improve it. That is why we need to work together and make our voice heard!
Wonderlust
I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
NJOY !!!
Wonderlust
I am sure you are a latest filers...so just relax and forget abt it for many yrs to come unless there is a serious effort by the Govt. to reduce backlog...till then elax and dotn let your blood boil over it leading to deterioration in health and wealth....
NJOY !!!
dazed378
04-07 09:41 PM
A small correction - the notice sent by IRS did not mention that my filing status was changed from "married filing jointly" to "married filing separately" or "filing single". The notice says that
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
"We didn't allow your spouse's personal exemption because your spouse's:
Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN) was missing or
Last name doesn't match our records or the records provided by the Social Security Administration.
Each exemption listed on your tax return must have a valid SSN or ITIN. If your spouse has a valid Social Security Number assigned by the Social Security Administration or an Individual Taxpayer Identification Number assigned by the Internal Revenue Service, please contact us. Please have your spouse's Social Security card available when you contact us. If your spouse has an Individual Taxpayer Identification Number, please have the notice from us assigning the spouse's number available when you contact us.
If you have questions or need additional information, please have the following on hand when you call:
A copy of this page.
A copy of your tax return.
The notice we sent you.
If you disagree with this change or the way we processed your return, please contact us.
."
Do I still need to file form 1040X? Please let me know.
more...
fuzzy logic
07-01 12:25 PM
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
2010 Jeep Wrangler Mojave also
dixie
10-13 07:36 PM
You are right .. the US has a big headstart; but that doesnt mean it will remain that way forever. For instance, close to 40% of all US patents are being bagged by either non-US entities or foreign outposts of US organizations. For a comparison, it was just 10% in 1995 .. dont remember where I read this, but I will post the link if I can find it again.
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
The US is still the most competitive but the lead is shrinking...its clear that China, India and the emerging Asian economies have the size, the resources and the talent to catch up and probably surpass the US
more...
bkarnik
08-24 05:05 PM
Quick point:
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
I would request members to please post their threads under the proper forum header. The issue raised by this thread has nothing to do with IV Agenda or Legislative issues.
Thanks,
BKarnik
hair Sitting on large 32 inch tires
raju123
06-26 02:51 PM
Numberusa reported following possible 24 amendments and Cantwell/Kyl amendment is not there. I hope this news is not right.
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
Democratic Amendments
* Dodd-Menendez S.A. 1199: would increase the annual cap on green cards for parents and extend the parent visitor visa.
* Webb S.A. 1313: Community ties for [amnesty]
* Baucus-Tester S.A. 1236: would strike all reference[s] to REAL ID.
* Sanders-Grassley S.A. 1332 : prohibits companies that have announced mass lay-offs from receiving any new visas, unless these companies could prove that overall employment at their companies would not be reduced by these lay-offs.
* Byrd-Gregg-Cochran S.A. 1344: adds a $500 fee to obtain [amnesty] and sets aside the revenues collected in order to fund border and interior enforcement.
* Menendez-Obama-Feingold S.A. 1317: increases family points in merit system
* Brown S.A. 1340: requires that before employers can be approved to employ Y-1 workers, they must have listed the specific job opportunity with the state employment service agency.
* McCaskill S.A. 1468: increases ban on federal contracts, grants or cooperative agreements to employers who are repeat violators of hiring immigrants who are not authorized to work
* Levin-Brownback S.A.1486: gives access to Iraqis to apply for refugee status under existing U.S. law.
* Leahy S.A. 1386: protect scholars who have been persecuted in their home countries on account of their beliefs, scholarship, or identity.
* Schumer: provides for tamper-proof biometric social security cards
* Boxer S.A. 1198: reduces Y visa cap by number of Y workers who overstay
Republican Amendments
* Alexander S.A. 1161: requires DHS and the Department of State to notify a foreign embassy when one of their nationals has become a U.S. citizen
* Bond S.A. 1255: prohibits green cards for [illegal aliens granted amnesty]
* Coleman S.A. 1473: outlaws state and local policies that prevent public officials * including police and health and safety workers (except for emergency medical assistance)*from inquiring about the immigration status of those they serve if there is �probable cause� to believe the individual being questioned is undocumented.
* Domenici S.A. 1335/1258: increases Federal judgeships
* Ensign S.A. 1490: redetermines work history for current beneficiaries of social security depending on their citizenship status
* Graham S.A. 1465: enforcement. Still being drafted.
* Grassley-Baucus-Obama S.A. 1441: strikes and replaces Title III on employer enforcement
* Hutchinson S.A. 1440: changes the �touchback� requirement from the time of applying for adjustment of status, as it currently stands in the Senate proposed bill, to the time of applying for the Z visa. Increases the number of individuals required to touchback
* Thune S.A. 1174: prevents [illegal aliens] from [being granted amnesty] until all triggers have been met.
* Chambliss S.A. 1318: Totalization agreements
* Isakson S.A. 1282: Preemption/Home Depot
* Graham: Criminal penalties/mandatory minimums for overstays
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
more...
H1B-GC
07-15 04:49 PM
you can say that.USCIS processes the case Erratically . No Logic . No FIFO. Its just like playing the French Roulette. Sad but True.
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gconmymind
04-10 06:10 PM
its funny. everyone is talking about recession, weak dollar, foreclosures, job cuts , etc etc. but the number of h-1b applications continues to rise each year (last year it was 123k, this year it is 163k).
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..
It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...
Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!
isn't this a funny and/or strange statistic ? :confused:
anyway, i wish all applicants the best. i was in the same position last year and i know how it feels. hopefully, uscis is better prepared to handle this volume, after last years experience.
-a
There should be stricter provisions on starting dates for approved H1s. There is no compulsion for a company to use an approved H1 if it doesn't want to. Companies apply in anticipation of demand and will eat their losses (H1/lawyer fee only. They will generally not send an employee to USA until they find a project) if they dont find a project. This is especially true of service based companies, desi or otherwise. Development companies like Microsoft, Google, etc. will not aply for H1 in April and ask the candidate to start in, say, March of next year. I think they will need to start applying for their overseas employees based on demand at their US work location in the future so they dont lose out in the hunt for talent..
It will be interesting to see how many H1s actually start working within 90 days, 1.e. by 1st Jan. If they dont, it clearly means (in most cases, in my opinion) there was no real demand...
Increasing the quota will do no good...I think the lottery is here to stay for a while. Goodluck to everyone in the lottery!
more...
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ashkam
08-17 08:41 AM
Hi Guys,
I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.
Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.
Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.
Thanks.
Which area of PA are you in? If you're in Southeastern PA near Philly, try the Malvern DMV. They accept I-485 receipts.
I am on H1B and my wife is working using her EAD. Like most people on here we applied in the July 2007 rush.
Now her licence in PA was expiring and we went to renew it and provided ALL necessary documents such as Passport, I-94, current and future EADs. However at the very end after about half an hour of providing documents, the DMV guy said that the system needed "more info" and that he would have to fax everything to Harrisburg who would then contact the INS for the missing info and we would get some "letter" from the DMV.
Has anyone faced a similar issue in PA before? If so how soon after did they receive this letter? Is there anything I can do to expedite the process such as contacting my local Sentator/Congressman's office? We have a small baby and my wife needs to drive to go to work.
Thanks.
Which area of PA are you in? If you're in Southeastern PA near Philly, try the Malvern DMV. They accept I-485 receipts.
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Madhuri
04-08 07:24 PM
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
Anybody in the same situation?
more...
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NKR
09-21 01:18 AM
Confused ...i think GC stands for Great Confusion
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
Came in 2001....PD 2003......EB3
Will I ever get my GC? What is it anyway?
When my labor certification was stuck at backlog elimination center, i was hoping that LC does not stand for "Lost Case" and now for some fre**king reason my early 2004 EB2 case is not being picked up when later cases are being approved, now I hope that GC does not stand for "Gone Case".
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eeezzz
02-19 01:18 PM
I still don't see where this "spill from EB-1 ABC country to EB-2 ABC country" idea coming from.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
We all know there's no fixed number of quota for any country in each EB category. There's only "up to" limit for each country. Although some countries may hit their limit early, but that doesn't mean that is reserved quota for that counrty. Since there's no reserved quota for any country, where is the "spill from EB-1 ABC country to EB-2 ABC country" idea coming from ?
"There is some possibility that India EB-2 could again become available if it appears that the demand for India EB-1 will not exceed the annual limit, but, that determination will not be able to be made until the second half of the fiscal year"
I think this means
1. If EB-3 RoW Current, unused quota goes to other countries which is not current, from EB-1 -> EB-2 -> EB-3, either randomly or again by country limit to use these extra quota.
or
2. If EB-3 Row not current. unused quota goes to other countries which is not current, from EB-1 -> EB-2 ->EB-3, either randomly or again by country limit to use these extra quota at 4th quarter in order to not waste any quota.
more...
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mishras
05-14 09:13 AM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
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gcformeornot
05-14 10:20 AM
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/1403687-new-blow-for-us.html
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hopelessGC
04-21 01:45 PM
Yes, you can move to H4 and then to H1-B as long as that H1-B is filed within 12 months. Otherwise, your application will be subject to 65K cap limit
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
H4 can be filed onself, I have seen some of my friends do it. To file AOS once PD is current, it is essential that one be in H1-B status.
Guys, let us refrain from making incorrect statements. This can affect someone's decision negatively. Post answers only if your are sure that it is a correct answer or have personal experience.
thomachan72
06-25 03:29 PM
It is a fact that cheap, illegal labor is destroying America and the lifestyle. No doubt about that. What do they think? American's did not do farming before? If you pay enough, any American will do the job.
It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?
Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.
This excuse will not work.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
It's the same process when a new fast food restaurant opens. Initially, all the workers are paid well and the restaurant does great....then come the cheaper labor cost hispanics, salaries fall, quality falls. Why doesn't Stephen Colbert replace his staff with illegal aliens?
Why do you think a franchise like Starbucks is doing sooo well even with very high prices for their products? They do not employ illegal aliens like most fast food and even well known restaurants do - and they pay very well. American's will work there. Same applies to farms or any other place of work.
This excuse will not work.
Congrads brother. You have posted one of the "most ridiculous and hillarious" posts ever!! Comparing Starbucks to picking strawberries??? Wow! why not compare strawberry picking to hollywood acting? Why is hollywood not employing ilegal aliens even when reportedly they need millions to produce a single movie? Tough questions eh?? or does it seem ilogical and crazy reasoning??
If you "pay enough" to the laborer, then who will pay for the produce at the walmart?? and how much is "pay enough" as per the current expectations?
kirupa
11-26 03:52 AM
You'll be surprised at all the things that I pretend to know.
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