AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
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martinvisalaw
06-29 10:30 AM
Thank you so much Elaine for your quick response..
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
So am I correct to assume that there is no need to renew the I-94 if one enters using the AP.. I am myself also planning to use my AP for re-entry later this year, but have the H1-B approval valid till 2011, so was a little confused as to if I would be needed to renew my new I-94 if it is issued for 1 year based on AP..
Your H-1B stays valid for as long as it is approved, even if you enter using AP.
wandmaker
11-27 08:06 AM
ultimate_champ: If your receipt notice's "receipt date" has August 03, 2007 then you can avail AC21 after 180 days from that date. I guess, your attorney is trying to play it safe or playing with you.
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mihird
10-16 01:52 PM
EB5 investor Visa is already in place.
The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.
If I am not wrong.....I had checked on the EB5 retrogression some time back..
The numbers are a little different ($500,000 to $1M) but you can buy yourself a GC pretty quickly.
If I am not wrong.....I had checked on the EB5 retrogression some time back..
more...
addsf345
12-31 11:58 AM
I got it.
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
I am going to file AC21, haven't done yet. My lawyer was more inclined towards going with EAD rather than H1 transfer in first place. I am still in negotiations with the new employer.
what additional documents do we need to submit to new employer while requesting H1 transfer? I assume copy of I-140 is needed. What did you do to make sure your new job is in similar category?
Please let me know the procedure you followed for filing AC21. Did you go through your own attorney?
I am going to file AC21, haven't done yet. My lawyer was more inclined towards going with EAD rather than H1 transfer in first place. I am still in negotiations with the new employer.
what additional documents do we need to submit to new employer while requesting H1 transfer? I assume copy of I-140 is needed. What did you do to make sure your new job is in similar category?
visshy
09-13 03:40 PM
o ok. how abt the insurance at that time? will she be covered or does that drop off too?
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GCard_Dream
04-09 01:12 PM
Hasn't he given many speeches like this before as well? I mean he has been giving speeches on immigration since 2004 yet nothing has happened so far. He addressed it on State of the Union speech, prime-time speech from the oval office, and countless other occasions but what has been the end result - NOTHING. I wouldn't keep my hopes very high just because Bush said so. It’s all up to the congress now.
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imh1b
07-30 12:15 PM
Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.
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gcdreamer05
08-27 01:58 PM
As mentioned in your other post. This should have no bearing on your status.
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
Question: Dear Ms. Murthy, can one apply for a driver�s license with I-485 receipt notice or is the EAD needed?
Answer: Generally, most DMVs will only issue the DL when one has some clear legal status like H-4 or H1B status. The I-485 should be sufficient, in most cases, and the problem is often that the DMV staff is not as well trained with immigration documents. By requesting to speak with the supervisor, one may be able to obtain the DL based on the I-485 receipt notice, since all that the law requires as evidence that one is legal in the U.S.Apr-7-2008.
I do not have EAD and my 485 app is pending, all i can do is get my h1b renewed, in my case without stamping and just 797 will they not give me drivers license extension ???
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LostInGCProcess
11-12 02:25 PM
Thanks all for your replies.
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
Is it correct to assume that immigration officer at port of entry will be able to grant a stay for upto 6 months in I-94 even if the visa is expiring in a few days?
Yes. Its up to the VO to grant the period of stay. You could enter US even with one day left on the visa. Once you are on US soil, its I-94 that determines the duration of your stay (which has expiry date).
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lermitthefrog
06-06 05:22 PM
I'm the team leader's assistance of the TGG team. So far we haven't made any profits so it's free but it's a lot of fun. Maybe you'll get paided someday but it's not guranteed. We would like a web site designer. We have a website but it isn't all that good. If interested email me at DiaboloMike90@yahoo.com , go to these 2 sites http://s7.invisionfree.com/TGG_Team_Forum/ or http://gamesguy.bravehost.com/Team.htm
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virtual55
03-24 12:36 PM
http://www.numbersusa.com/PDFs/SensenbrennerSpecterMcCainFristComparison.pdf
http://www.numbersusa.com/PDFs/SensenbrennerSpecterMcCainFristNumbersComp.pdf
comparision of bills
http://www.numbersusa.com/PDFs/SensenbrennerSpecterMcCainFristNumbersComp.pdf
comparision of bills
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ch102
11-17 04:26 PM
Indian students in US cross 100,000 mark- Visa Power-Travel-Services-News By Industry-News-The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/services/travel/visa-power/Indian-students-in-US-cross-100000-mark/articleshow/5241333.cms)
The number of students from India enrolled in US universities and colleges crossed 100,000 for the first time ever this year even as Most expensive cities for expats
international enrollments in America registered the largest percentage increase since 1980, defying broad economic trends.
As the number of international students at colleges and universities in the US increased by 8% to an all-time high of 671,616 in the 2008/09 academic year, students from India made up 103,260 of the overall number, according to the Open Doors report, which is published annually by the Institute of International Education (IIE) in collaboration with the US government.
The Indian numbers went up 9.2 per cent from 94,563 in 2007/2008 to cross 100,000 for the first time to retain its position as the top place of origin for international students in the United States. China remained in second place, although there was a sharp 21 per cent spike in students from China, going up from 81,127 last academic year to 98,235 this year. South Korea (69,000 to 75,000) remained in third place.
This is the eighth consecutive year that India has remained in the top spot. In course of a preview of the forthcoming visit to Washington of Prime Minister Manmohan Singh next week, Indian officials said on Monday that Indian student inflow contributed nearly $ 3 billion to the US economy last year. Overall, international students contribute $17.8 billion to the US economy, through their expenditures on tuition and living expenses, according to the US Department of Commerce.
Authors of the report said the findings do not reflect the full impact of the past year's economic downturn, since decisions to come to the United States to study were made before the financial effects were fully felt in the sending countries.
...................
The number of students from India enrolled in US universities and colleges crossed 100,000 for the first time ever this year even as Most expensive cities for expats
international enrollments in America registered the largest percentage increase since 1980, defying broad economic trends.
As the number of international students at colleges and universities in the US increased by 8% to an all-time high of 671,616 in the 2008/09 academic year, students from India made up 103,260 of the overall number, according to the Open Doors report, which is published annually by the Institute of International Education (IIE) in collaboration with the US government.
The Indian numbers went up 9.2 per cent from 94,563 in 2007/2008 to cross 100,000 for the first time to retain its position as the top place of origin for international students in the United States. China remained in second place, although there was a sharp 21 per cent spike in students from China, going up from 81,127 last academic year to 98,235 this year. South Korea (69,000 to 75,000) remained in third place.
This is the eighth consecutive year that India has remained in the top spot. In course of a preview of the forthcoming visit to Washington of Prime Minister Manmohan Singh next week, Indian officials said on Monday that Indian student inflow contributed nearly $ 3 billion to the US economy last year. Overall, international students contribute $17.8 billion to the US economy, through their expenditures on tuition and living expenses, according to the US Department of Commerce.
Authors of the report said the findings do not reflect the full impact of the past year's economic downturn, since decisions to come to the United States to study were made before the financial effects were fully felt in the sending countries.
...................
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vinki
10-27 12:54 PM
Hi !
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
I recently got my EAD. ..but I have not yet got a job..... when should I apply for SSN ? :confused:
Thank you in advance....
Vinki.
more...
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rsayed
05-06 12:40 PM
I am about to start my GC processing under EB3 category. I know my chances are extremely extremely slim. I am filing for GC hoping that CIR or some other bill to clear GC backlog passes.
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.
Expect to wait for a long time...
My question is .. How much time would it take to clear all the pending GC cases once the bill is passed ?
I am assuming 2 years. Am I correct ?
I read somewhere on the internet that a similar situation arised in the past (may be year 2000 or 2001), and when a bill was passed to clear the backlog, after few months (for bill signing and other paperwork) everyone with I-140 approvals were eligible to apply for I-485.
Is the situation that exists today any different than it was in year 2000 or 2001 ?
Any comments will be greatly appreciated.
Quite honestly, NO ONE can predict accurate wait times. Even, if some form of Bill gets through - it is anybody's guess as to how much time any of us will have to wait in order for us to be able to file our 485s'.
Expect to wait for a long time...
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p_kumar
12-05 04:05 PM
One of my friends with his April, 2004, EB3 PD got his 485 approved.
No wonder they usedup 30% of Visas.
How is it possible without PD being current?.:eek:
No wonder they usedup 30% of Visas.
How is it possible without PD being current?.:eek:
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jigsaw
02-23 04:49 PM
I guess it is an approval. In the cases where officer needs an approval from senior officer they issue N-652. That is standard practice.
Thanks number30
Any idea how much time do they generally take to decide on N652.
Thanks again
Thanks number30
Any idea how much time do they generally take to decide on N652.
Thanks again
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masti_Gai
01-05 02:54 PM
Oh i didn't know about this. Good I can tell my buddies who keep pestering me to help them in their intention of changing their status when ever they come here on Business visit.:)
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sanjay
01-20 02:10 PM
Look is good. But, for me I liked the old one. May be it would take some time for me to get used to new look. Site seems to be slow though.
Best thing was the candidate history infront of his name.
Anyway, good job done Admins. Best of luck.
Best thing was the candidate history infront of his name.
Anyway, good job done Admins. Best of luck.
abheja
08-25 04:59 PM
Is a lawyer necessary to file PERM? What are the cons of not hiring a lawyer and doing it ourselves?
little_willy
05-02 09:41 PM
Little_willy,
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks
Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.
How could your friends get the 3 yr extension in their new company. Did they show their I-140 approval copy from previous company ?
Thanks
Yes, you do need the I-140 approval from your current employer. We contacted the lawyer directly and obtained all the relevant documents, told them we need for our records. Employer never got involved in this. Hope you can get the approval copy. All the best.
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