logiclife
03-28 01:40 PM
This is already IV's number one priority on the goals of this org and we are trying to translate this goal and other goals into legislation.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
Remember, everyone in the core group also wants this as this can be the life-saver of every person since EAD allows us to have a safety net after you have finished 6 years on H1.
--Jay.
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s416504
02-03 10:04 AM
I asked same question to my lawyer 2 days ago & he said "YES". One can request to consider for multiple categories by reapplying I140 again. Lates USCIS's Q&A confirms that...
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
Q #3. What if the petitioner wants to request consideration of multiple visa categories on behalf of an alien beneficiary? [Answer Finalized on 06/30/09]
A. If you want to classify the alien beneficiary under multiple visa preference categories, file a separate Form I-140 petition, with the required fee and supporting documentation for each requested visa category.
As far as your labor qualifies for EB2, you are OK.
USCIS - Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=cfe8745543256210VgnVCM100000082ca60aRCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD)
I have a labor approved for the requirement:
"Must have BS in CS, EE or related field w/5 years of related experience"
EB3 I-140 was approved in 2008. Can I re-apply for EB2 I-140 using the same labor?
Please note I have BS in CS and had more than 5 yrs of expereince before joining my current employer. I have not changed my employer - EB3 is also from the same employer.
lacrossegc
01-02 02:14 PM
By the looks of things as they are.....A very very long shot .... atleast 3-4 yrs to file I485.
Sit tight and best of luck
Sit tight and best of luck
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raysaikat
06-20 06:13 PM
Hi,
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
You need to go out of the country and come back.
I have Visa stamped in my passport till 2010 , my passport expires in July 2008 , so i was given I 94 till july 2008 when i last entered USA. I have renewed my passport . How do i change the dates in I 94 . I tried Def. Inspection sites in San francisco they say it cannot be done there . Can i travel to mexico and come back the same day and get a new I 94 .
Thanks
Kris.
You need to go out of the country and come back.
more...
ramus
08-15 12:41 PM
Thanks for your contribution and willing to take part in DC rally.
Sure...Just contributed $100, will do more in coming months.
Sure...Just contributed $100, will do more in coming months.
GcInLimbo
12-01 11:45 PM
Thanks for the response.
H1B extension was denied in Feb 2009 after almost 2 and half years of processing.
??: H-1B ext denied?
I spoke to my lawyer and he said it shouldn't be a problem.
Once again thank you very much for your response.
H1B extension was denied in Feb 2009 after almost 2 and half years of processing.
??: H-1B ext denied?
I spoke to my lawyer and he said it shouldn't be a problem.
Once again thank you very much for your response.
more...
st4rguitar
04-06 01:39 PM
I would definitely be interested to see how your MTR pans out. Please keep us posted. We filed a MTR back in 2005 for a PERM case that was denied because the salary was wrong on a job opening notice - we ended up winning the MTR and the case was approved but not until mid-2007. We have had some erroneous denials recently and are looking to file the motions to reconsider, so I would love to know your experience if you receive a decision.
I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you
I am in big need for help. I applied for my first LC based on Skilled employee (Category 3) because my first job financial analyst only required a bachelor degree even though I have a masters degree then I filed for the I-140. a year later, I got a promotion to a senior financial analyst which requires a masters degree (which I already had). so I filed a second LC (EB2) for the new position with the same company however, my LC was denied because the DOL thinks that there is no difference between the 1 job (financial analyst) and the second job (senior financial analyst) with the same company. so I checked with my lawyer and he said that I can file for appeal so the DOL will review their decision and realize that it was wrong. I did file for appeal (within the 30 day window) in Sep 2006 and I ve been waiting since then. MY HR manager sent emails and made many phone calls to Atlanta to find out about the status of my appeal but with no results. finally in Jan 2008, she sent another letter to ask for a status. does anybody know or have any idea how long the appeal normally takes so they can make a decision on my case?? please advise. Thank you
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smisachu
06-09 08:25 PM
Can you be more specific. In India you have 3 year diploma and then 4 year BE. The 4 year BE is same as 4 year BS here, plus the MS puts you in form for an EB2 category if the job requires a MS.
If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
If my post helped, please contribute to IV. You have just entered the mess, support IV and help yourself get out of this mess soon. Best of luck.
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
more...
senk1s
07-16 11:30 AM
The answer to gcbuddy's question is straight forward - no need to notify uscis
Just to clarify/ confuse:
Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
I've not seen any clear reference to this by USCIS
H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
H1 allows to work only with the sponsoring employer
EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)
Just to clarify/ confuse:
Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
I've not seen any clear reference to this by USCIS
H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
H1 allows to work only with the sponsoring employer
EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)
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Redeye
12-19 05:02 PM
During the July fiasco, lawyer applied first set on July 2nd and since we were n't sure if the application reached USCIS we put a yello cover sheet which said refiling because earlier 485 could be misplaced. Even after that, both first and second were accepted and I got EAD, FP and AP on the first one and EAD, FP on the second one. Attorney suggested to follow up with FP second time also and said we will be asked by USCIS which application to keep. Is this true?
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
Or will both my applications be rejected since we did not get back to them?
I know some other folks on IV are also in same boat. I am planning to use EAD so I am kind of worried otherwise it is clean case with I 140 approved.
more...
gk_2000
08-10 08:45 PM
You can read the details of the bill at
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
Text of H.R.5658 as Introduced in House: SKIL Act of 2010 - U.S. Congress - OpenCongress (http://www.opencongress.org/bill/111-h5658/text)
Apart from the provisions mentioned in my previous post, there are other favorable provisions too.
Oh you are talking about that 5658 one.. It's already been discussed in these forums. Someone pointed out that this was crafted by a senator who is about to retire, and has a co-sponsor from Hawaii. So it doesn't appear to be very strong and would most probably just die silently
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Better_Days
11-03 07:13 PM
Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
Depends on how the CIR is crafted. To bring the republicans on board, it may have biz friendly provisions and hence may be beneficial for us all.
Last time there was a point based system which was meant to replace the Employment based system; big biz hated that idea. They might introduce a point based system in addition to the employment based stream. It would be specially great if it has its own quota. Every US PhD and Master degree holder that gets into the point based system, frees us visa for others. We may be relief in form of permanent number capture: numbers wasted are automatically rolled over to next year.
Bottom line is that we cannot be absolutely sure that any CIR will result in a net loss to EB green card aspirants. On the other hand, at my age, you come to realize that the devil you know, is indeed often better than the devil that you dont know.
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house a 3/4 Piece choosing the
mjdup
01-24 11:41 AM
dionsys> How much have you contributed thus far? May be you should involve in one lobbying effort and see what the core goes through, walk the talk please !
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arnet
09-15 03:05 PM
nt for slight difference i think....but they will pass with much difference....
who knows, even they might have difference in areas like lighting,technology,patrols,who construct it, funding, etc.....if they add our provisions then it will definitely goes to committee.....
who knows, even they might have difference in areas like lighting,technology,patrols,who construct it, funding, etc.....if they add our provisions then it will definitely goes to committee.....
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pictures the most painful tattoo I
lunar
07-21 11:43 AM
I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.
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lostinbeta
10-03 12:51 PM
You checked it.... now I am just spamming :P
SPAM
::::runs away:::
SPAM
::::runs away:::
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makeup The most painful tattoo I#39;ve
kondur_007
03-29 06:06 PM
Good; So this is what I understand:
You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.
You are still working for employer A and that extension with employer A is still pending.
If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
You still need to talk to a good attorney to see which one of the above options are good for you.
Good Luck.
You are working for employer A. Before the expiry of I 94, you applied for extension with employer A and that extension is still pending.
After the expiry of I 94 (and pending extension) you applied for employer B, that did get approved but came without attached I 94.
You are still working for employer A and that extension with employer A is still pending.
If above facts are correct, you may be fine; however question is, why is your extension with employer A still pending; and what can you do about that. Depending on specifics of your case it may be time to make it premium or simply leave the country and return back on employer B's H1B and work for that employer.
You still need to talk to a good attorney to see which one of the above options are good for you.
Good Luck.
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meridiani.planum
04-03 05:49 PM
inline...
Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.
I changed jobs on EAD
1. Did you find have any issues when getting 485 approved.
My PD is still 5 years or so away from being current. :)
2. Did you file AC21.
No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.
3. Does the job responsibility has to meet 100% word by word.
In my case its about 80% the same. In general its better if its as close as possible.
4. Has any one you applied for EAD extension on your own.
Not done yet, but will do this year. Its a simple enough form
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.
Hi All,
I am thinking of looking for other job options. I want to know if you any one of you have changed jobs on EAD and your experience with the whole issue.
I changed jobs on EAD
1. Did you find have any issues when getting 485 approved.
My PD is still 5 years or so away from being current. :)
2. Did you file AC21.
No. But hired same lawyer who had filed the initial case. If current employer revokes I-140 (through same lawyer) might send AC-21 letter.
3. Does the job responsibility has to meet 100% word by word.
In my case its about 80% the same. In general its better if its as close as possible.
4. Has any one you applied for EAD extension on your own.
Not done yet, but will do this year. Its a simple enough form
5. Has any one got an RFE after changing the Job on EAD and submitting AC21. if so what kind of questions do they ask.
have been looking at immigrationportal.com for older-timers experience with AC-21 and no one that I know of has go an RFE wrt proving new job is similar to old one.
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lostinbeta
10-20 02:28 AM
Edwin used Painter and Photoshop to make that image.
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
go_guy123
11-03 06:57 PM
I disagree. I think that we will see an another attempt at CIR bill. Dems will want to capitalize on their surge among the hispanic bloc; see the comments by Nancy Palosi [sp?]. An attempt will be made to cast it as an aid for economy: to bring people out of shadows so that they can buy houses etc.
But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)
Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.
But then this is just my opinion which, like yours, is just an opinion. Heck even my 5 year old these days does not seem to hold my opinion in any regard :)
Thats the concern. CIR pits illegals vs legals. The CIR bill allocates quotas from legals to illegals.
sujan_vatrapu
10-27 11:17 AM
You probably know what you are getting, but there are others who believe all the lies that FOX spreads - don't always look through the prism of your problems...
At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!
Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........
Again you missed the point, main news media outlets have liberal views on issues, they don't bring conservative view but they say so, i watch CNN, CBS, listen to NPR, I am not saying FOX is the best but they are as good as the rest, agn my point is all the channels have left or right view (NONE have a centrist view), we should not discount FOX because they have conservative views,
in a recent survey more than half surveyed picked FOX as the most trusted new channel, if we think they are fools there is definitely something with us!
At least on the other news outlets, they bring 2 sides of opinions, unlike FOX - which only shows one side of the issues 25% of the time, and the host spews his/her talking points for the rest of the 75% of the show!
Having said that, I would much prefer for the news outlets (ABC, CNN, NBC, CBS, NPR ..) to not only give 2 sides of the story, but actually do some investigative journalism and come to conclusions. Ask the tough questions and if all they get is talking points cut them off.........
Again you missed the point, main news media outlets have liberal views on issues, they don't bring conservative view but they say so, i watch CNN, CBS, listen to NPR, I am not saying FOX is the best but they are as good as the rest, agn my point is all the channels have left or right view (NONE have a centrist view), we should not discount FOX because they have conservative views,
in a recent survey more than half surveyed picked FOX as the most trusted new channel, if we think they are fools there is definitely something with us!
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