ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
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kurtz_wolfgang
08-15 12:27 PM
Please Help Gurus....:confused::confused::confused:
namm80
01-10 08:43 PM
prout02: You mind sharing if you are in the Bay Area, CA or elsewhere? It seems to me there are 2 variables to this FP scheduling:
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
a) When USCIS receipts and begins processing (For Xfr applicants, this would apparently be the date when the new center receives the case).
b) Center where FP is to be scheduled. A more crowded place might mean longer waits.
Just a thought....
My attorney opened two SRs and nothing happened for two months. When I had given up all hope...there comes the FP notice for 1/3/08. I don't know what did the trick. But I am off of that daily USPS mail checking business for now.
Also, the case status remains the same with two updates to the LUD!
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rajmehrotra
07-09 02:02 PM
I understand, but don't. The possibility of you getting hurt in some way if he reciprocates in kind is much higher. Steel yourself, and move on...
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mygoodluck
07-20 11:49 AM
Did you ask your lawyer about "rushing back to India, getting married and she comes here on tourist visa. She can file for AOS and EAD/ AP"?
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.
One more thing about getting married here on B1/ B2 and filing for AOS. I have heard of a case where the AOS was denied for a similar case. A person came the US on a visitor's visa and married a US citizen and applied for AOS. USCIS denied her AOS because they claimed that she falisified her visa application for B1/ B2 by stating that she had no immigrant intent but she did infact have an immigrant intent by coming over here and marrying a US citizen and filing for AOS.
While your case is not exactly the same, USCIS could use the same reason if you get married here. But getting married in India will not have the same effect because getting married in India does not show immigrant intent on her part.
Best to ask your lawyer.
Very true. There is a very heavy chance of AOS denial if she gets married in US on a B1/B2 and filed for AOS. As it would be pretty indicative/clear to the CIS that she had lied about her intentions when she went to get the B1/B2 visa.
nivasch
05-26 07:46 AM
Thank you Team IV, QGA & Staffers of various Senators, for all your efforts.:)
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21stIcon
09-21 07:11 AM
I am really amazed how some guys do not even know how to search house on internet and posting 10 messages for very basic question and dreaming of owning house during one of the turbulent times in the history.
House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.
Salaries will go down all across board for most people, which could make less people to afford.
Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.
Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.
Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.
House is not an appreciating asset anymore for atleast another 5 years and it is luxury item which could loose value anywhere 10 to 30% by 2011.
Salaries will go down all across board for most people, which could make less people to afford.
Try to learn 1991 housing crash in US ,Japanese 1955 housing and curent UK turmoil.
Then look into Japan 1980's and US 2001 to 2005 housing boom which will help.
Do not spend 50% of your salary on housing which may loose by 2011 and you might not have anything on saving as well.
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sac-r-ten
04-01 09:10 AM
Already got it....last September. Thanks for asking.
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
more...
dontcareanymore
06-18 02:38 PM
I am assuming your GC is "employment based".
If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.
By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.
If so , the basis of your GC application and hence I485 is your employment. The moment you don't have employment , you loose the basis for your application.
By applying for the benefits , you are risking your application for GC. I thought there was a case where a person got denial based on their application for unemployment benefits.
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blizkreeg
01-27 02:39 PM
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
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cgs
03-15 08:10 AM
Can you explain?
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
And finally, I hope whoever you referred did get a full disclosure from you that you might be compensated for the referral :-)
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desi3933
03-04 11:58 AM
>> Do you have a Green Card?
This is not a legal question. If question is posted on web-site, that can be reported.
The questions should be
1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?
________________________
Not a legal advice.
US citizen of Indian origin
This is not a legal question. If question is posted on web-site, that can be reported.
The questions should be
1. Do you have the legal right (i.e. appropriate documentation/work permit) to work in this job position?
2. Can you (the applicant), within 3 business days of employment, submit verification of both your identity and your authorization to work in the U.S. pursuant to the U.S. Immigration Reform and Control Act of 1986?
________________________
Not a legal advice.
US citizen of Indian origin
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bobzibub
09-25 10:57 AM
I dunno about you, but really I don't think we should pay any fees until we get some sort of product to show for it. I don't pay for a hair cut that might happen in ten years. Why should I pay for a green card that might happen in ten years?
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gc_kaavaali
12-24 10:17 PM
Okay...i will try my best to keep this thread on top...
This thread has to stay on top
This thread has to stay on top
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dingudi
03-07 09:42 AM
Visa stamping interview --> Feb 8th
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
Was asked to submit technical questionnaire and other documents as per 221g which I did
Received email confirmation that they have "received" the documents and sending it to DOS for further processing and will email me in sometime
After waiting for one month and no sign of the elusive email, I flew in to LAX and used my Advanced Parole successfully. I had not cancelled my pending H1B application.
The POE officer was very polite unlike the officer at the Mumbai consulate. They didn't ask me even "one" question about my pending h1B application or the H1b in general, had to wait in the secondary inspection room while they looked up my information. Was out in 20-25 mins.
When I asked the POE officer what happens to the H1, he said it gets void. But as per earlier INS memos(Cronin Memo) and threads on forums, this is not the case right ? although I didn't start a discussion on this with him, because I didn't want to confuse him. My I-94 has AOS written on it which probably puts me in a Parolee status.
Now my question is:
---------------------------------------
I really would like to get back on the H1 status, so when the email arrives from Mumbai, does anyone know if its possible to withdraw the application .
Then arrange for the h1B visa stamping interview at say Tijuana, Mexico which is 2 hours drive from where I live. Wouldn't I be in the PIMS system now (since I would have received the email from the mum consulate) and make the stamping faster at the regular timelines. I have my multiple entry AP as backup, so I can be back if I need to.
I'd really appreciate if anyone can shed any light on this, I really hate to work on my EAD and would like to continue on the H1 as a backup for my entire family's sake.
What you did was technically , not an appropriate step. It is clearly mentioned on AP that it is not intended to circumvent the visa process and this is exactly what you did. Either you should travel on AP OR apply for visa and wait for the visa. One of my friends did this and POE was not happy with it. So one should use AP very carefully.
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gc_kaavaali
05-21 01:48 PM
hi,
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
Just want to find out the process to apply for interim EAD...I applied for EAD renewal on 8th of may and my EAD expires August 16th...i doubt i get my EAD before my current expires...i just want to find out whether i can apply for interim EAD or ??? if yes, what are the current procedures? I e-filed my EAD application and sent all documents to TSC...please help gurus.
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Munna Bhai
07-12 12:08 PM
This is really news to me. I thought once you switch to H4 from H1, your H1 is gone. To come back on H1, you have to re-apply which will be subjected to cap.
Are you sure on this? If this is true, this can be really helpful for some folks.
yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.
I am trying to get as much as possible info. regarding this issue.
Thanks,
-M
Are you sure on this? If this is true, this can be really helpful for some folks.
yes, it is true and it will not only help some folks, it will help lot of people on H1b and if you can find more information by contacting attorney, please share with everyone.
I am trying to get as much as possible info. regarding this issue.
Thanks,
-M
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vin13
01-16 11:52 AM
Yes, it would be part of the lottery system (for company C)
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
Yes, there is a chance of H1 not going through.
It is as good as you applying for the H1-B for the first time.
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aandrew_19
07-26 07:21 PM
Guys�
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California)
b) If I will be getting less salary than what�s mentioned on my PERM
Thanks much,
Urgent advise is required.
My PERM was approved in April-07 and now I have just filed the concurrent 140/485. Now the company is transferring me to a new location (State) early next month with a possible change in the salary than what�s mentioned on my PERM. Can anyone please advise if there will be some impact on my 140/485 applications if:
a) I moved to a different state and, (My work location on PERM is California)
b) If I will be getting less salary than what�s mentioned on my PERM
Thanks much,
RLNY122004
06-15 04:23 PM
see the reply
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
--- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.
2. Did you speak on the phone?
--- see 1
3. When was your name check cleared?
--- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
--- last one on 06/07/2007 was 10 fingers.
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
--- see 1
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
--- I got to go now, I will try to come back online later in the night and answer your questions.TIA
Hi RLNY122004
Please accept my congratulations and enjoy the freedom. Could you please answer the following questions.
1. What do you mean by 'officer told us we will receive our cards in 6 to 8 weeks' Did you take an appointment and visit neary USCIS office?
--- Please see my signature for details. My case was transfered to local office and we were interviwed last year. I took infopass last week went to district office and they told me that FP is expired and will have to take new FP. I gace FP last week and went back again today to findout the status , officer told em everything is okay and she is approving the case. She requested the visa numbers and took our I94.
2. Did you speak on the phone?
--- see 1
3. When was your name check cleared?
--- last year when I went for interview i asked officer and she said its cleared.4. Did you submit your finger prints recently? if yes was it code 1? 2? 3?
--- last one on 06/07/2007 was 10 fingers.
5. Was your I-485 case trasnferred to Texas/Nebraska recently?
--- see 1
I have many more questions but would not bug you, Please provide as much info as possible I would appreciate your reply.
--- I got to go now, I will try to come back online later in the night and answer your questions.TIA
dbevis
April 16th, 2004, 05:37 PM
The first one looks like some kind of space ship cruising through space gas.
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