sparky_jones
06-02 10:27 AM
My company has put BS + 7 as the primary minimum requirement, and MS + 5 as the alternative for my position. The lawyer says that he's going to respond "Yes" to the question "Are the requirements normal to the occupation?". His argument is that for the job title (Senior Software Engineer Team Lead), and the job description (which calls for extensive experience), the requirements are normal. He says the normalcy of the requirements have to be gauged both by the quantitative SVP criteria, as well as the qualitative O*Net description of job duties. While the quantitative criteria restricts requirements to BS + 2 or MS + 0, the qualitative criteria allows for "several years" of experience, depending on job duties.
I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
I have seen the vast majority of EB2 cases not going over the BS + 5, or MS + 1, even though in the real world most employers will ask for much more experience. I think this is just to avoid business necessity issues. My company as well as my lawyer are sticking to the BS + 7 requirement. Let's see what happens. I either have a very smart lawyer at hand, or a very clueless one.
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B3NKobe
04-17 02:45 AM
hahahhaaha :lol: -- Nice Job Ya3!!
seahawks
09-12 02:31 AM
Great work !!!
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chanduv23
06-27 07:26 PM
Hello Folks:
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This is teh first time I am coming across this "Denying without any reason" - If this is really happening then it is a very serious issue. Your friends can contact IV if there is such a notice
more...
gcisadawg
02-13 10:53 AM
Useful read:
Save $50 a Day (and Feel No Pain)
http://finance.yahoo.com/banking-budgeting/article/106586/Save-$50-a-Day-(and-Feel-No-Pain);_ylt=Asmo.fY6BYhkqPXOHSL7olQy0tIF
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
Save $50 a Day (and Feel No Pain)
http://finance.yahoo.com/banking-budgeting/article/106586/Save-$50-a-Day-(and-Feel-No-Pain);_ylt=Asmo.fY6BYhkqPXOHSL7olQy0tIF
Pappu, very good article. I saw this in this month's Kiplinger.
A penny saved is 'far better than' a penny earned because you don't have to pay taxes for the penny you saved whereas you have to pay taxes for the one you earned!
Seb Hughes
04-17 09:21 AM
Yeah what is wrong with Macs
more...
Pagal
04-06 08:18 AM
Hello,
As was discussed in the past on this forum, USC may have meant something for 20th century, but in 21st, USC does not offer any preferential advantage over other passports (unless you hold passport of problem childs like Iran, Sudan, Cuba etc).
At the end of day, its a personal choice, so let people be happy with whatever citizenship they choose... :)
As was discussed in the past on this forum, USC may have meant something for 20th century, but in 21st, USC does not offer any preferential advantage over other passports (unless you hold passport of problem childs like Iran, Sudan, Cuba etc).
At the end of day, its a personal choice, so let people be happy with whatever citizenship they choose... :)
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Ann Ruben
05-14 04:27 PM
The most important issue is to insure that any USCIS notices come directly to you. If the RFE was sent to your address, that is a good sign. Technically, the G-28 is only for your legal representative, though sending one in as advised above would do no harm. You might also, or instead, send a letter signed by you and your wife advising that you are no longer represented and asking that all future correspondence be addressed to your home. I would then follow up with the National Customer Service Center to make sure they have correct information.
more...
hebbar77
11-24 04:18 PM
My feeling was that there are No NEW jobs here in USA especially for immigrants. I felt jobs are slowly being offshored and new job creation was not catching upto that. This matches with unemployment numbers 10%+... Also I feel there are enough people looking for PROJECT while on H1B..
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
Its good to see this is changing with new H1b hiring happening!!
P.S I am not anti-immigrant!
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martinvisalaw
06-05 05:03 PM
It is very late to be submitting the RFE response now. CIS will probably deny the H-1B and your employer will need to refile. The employer should have asked for an extension before the due date.
more...
martinvisalaw
02-10 02:42 PM
Hi ,
I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll
1. Which location i need to mentioned as primary ,home or where company located?
The LCA should list the job location as your home address.
2. Which state should the payroll runs where i live or where my seat is located?
It doesn't matter for immigration purposes.
I am working from home which is NJ on h1b and my company is based DC as my seat is located in DC and i connect remotely to my computer located in DC office , i have below question regarding the LCA and payroll
1. Which location i need to mentioned as primary ,home or where company located?
The LCA should list the job location as your home address.
2. Which state should the payroll runs where i live or where my seat is located?
It doesn't matter for immigration purposes.
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Devils_Advocate
04-08 11:54 AM
USCIS announced it continues to accept H-1B nonimmigrant visa petitions subject to the fiscal year 2010 (FY 2010) cap
USCIS press release:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cf6c9a6461680210VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
USCIS press release:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cf6c9a6461680210VgnVCM1000004718190aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
more...
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salvador marley
04-25 12:48 PM
thanks guys
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ranand00
09-01 08:41 PM
Hi I am a Physical therapist on H4.
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
company A wants to sponsor my h1. I have physical therapist license from STATE A and Letter from State B that they do not issue license without ssn no ( and i have letter from credentialing body also saying i meet all requirements for licensure for STATE B,I also have visa screen and other required documents.
can company A file An H1 with multiple LCAS - 2 states, so H1 is issued for 3 years
What service centre would the application go to-the one for which i have license of the one for which i have letter from board (ssn needed for license).
Once the h1 is approved can i work in any of the 2 states.
How long is the H1b taking to get approved if filed in regular processing and say no rfe is recieved
What problems could the approval face
Thanks
pt
more...
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WaitingUnlimited
01-20 12:51 PM
I think you should be honest and mention the details correctly.
Your company needs to file the immigration petition. So mention your company's name.
Good Luck
Your company needs to file the immigration petition. So mention your company's name.
Good Luck
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guchi472000
04-17 08:50 PM
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
more...
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LegalIndianInUSA
09-11 03:11 PM
Can someone suggest how I can go about getting some clarification from USCIS regarding the usage of H1 post AP (i.e. in Parolee status, can a person use H1 797 approval to work)
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
Yes, there's the May 2000 interim memo (which is unfortunately not available from the USCIS website though) and even the memo is not very clear on the subject.
I was thinking of writing to the Ombudsman and having them get this clarified. We get different opinions from different lawyers. I'd like one straight answer from the authority who's "interpretation" matters : USCIS.
So, can IV take this forward with the Ombudsman or should I file a 7001 or something with them?
Thanks,
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martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
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Kodi
06-12 04:56 PM
My company is using
David Frankel
Frenkel, Hershkowitz & Shafran, LLP
16 East 34th Street
New York, NY 10016
(212) 679-4666
He's really good.
David Frankel
Frenkel, Hershkowitz & Shafran, LLP
16 East 34th Street
New York, NY 10016
(212) 679-4666
He's really good.
kode
10-12 10:46 AM
well.. relatively.. you can
importing a swf into flash will appear like a simple frame by frame animation.. no actionscript or movie clips will be imported as such.. lol (hope you get the point)
but an animation made by swift doesn't have problems because there's no actionscript or movie clips involved.. so you can edit it.
but I'd use swft format if you have swift 3d v3.
importing a swf into flash will appear like a simple frame by frame animation.. no actionscript or movie clips will be imported as such.. lol (hope you get the point)
but an animation made by swift doesn't have problems because there's no actionscript or movie clips involved.. so you can edit it.
but I'd use swft format if you have swift 3d v3.
rhlsur
05-07 03:01 PM
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
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