gcformeornot
03-24 06:00 PM
How come h1 transfer gives me the solution?
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
do you mean to say goto any employer whoever gets job?
Start New GC process again with new employer. And since your old 140 is approved port your PD when when you file new 140 with new employer.
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geesee_99
12-14 11:07 AM
Friends,
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
msp1976
12-22 03:42 PM
How will judge determine that we actually received the post.It can be lost on the way or something else can happen.Or do we have to sign the notice when the postman gets it.
Kinda imperfect science...
Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....
Kinda imperfect science...
Depends on the judge's mood..how charitable the judge is feeling that day..Did he/she got laid the day before and so on....
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vivache
11-02 04:27 PM
Thanks for all the responses.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.
I had used a lawyer named Arjun Verma previous, based in San Jose. He charged a nominal 50$ for an hr.
more...
neelu
09-15 03:55 PM
Thank you, FromNaija, again. I appreciate your taking the time to respond in detail.
Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)
Wish you also good luck!
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
Also thanks for the nice words. They have a nice ring to them especially since I was expecting an RFE. You made my day with those words even if they dont turn true (those words are the closest I have ever come to a GC). Hope you are right. But I am not getting my hopes too high. :)
Wish you also good luck!
I don't think it happens automatically. You will need to ask to be accorded the earlier priority date or if interfiling you will also initiate the process by asking that USCIS substitutes the previously submitted I-140 with a new approved one. The time to do that is when the PD on the newly approved 140 becomes current.
From your explanation, now that your old PD is current and the 140 for that is approved, you will have to ask that interfiling occur by sending a letter to USCIS with a copy of the new 140.
If you have done this, then the message you got could be that USCIS is ready to review your file by October. A congratulation may be in order here because I believe you will soon get your GC.
raysaikat
07-13 01:27 AM
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
more...
akilhere
09-02 10:11 AM
I'm just curious as there has been approvals contrary to the bulletins in the years before. Please don't flame me as i'm just looking for any signs of hope around the corner for the EB3 folks.
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marty
09-30 09:33 AM
USCIS has updated the processing dates pages of all the four service centers on September 28. Now the pages say that these dates are valid as of July 31, 2008 only.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
I just noticed that and was about to make a thread. I remember the dates as of August 15 and not as of July 31, 2008. The processing times from September 15, 2008 can be seen at http://www.aila.org/content/default.aspx?docid=26534. It doesn't look like anything changed in the current update.
If I remember well the processing dates information was more up-to-date earlier.
So looks like CIS has backtracked from their earlier published dates. They are telling us that they simply cannot tell what the current processing dates are. All they can tell us is that what applications they were processing on July 31.
What can we deduce from this? Is it good? Is it bad? Or no relevance?
It could be good as CIS might be processing July 2007 485 applications as of today? Or may be not.
Simply more confusion, as if as it is we were not confused enough.
I just noticed that and was about to make a thread. I remember the dates as of August 15 and not as of July 31, 2008. The processing times from September 15, 2008 can be seen at http://www.aila.org/content/default.aspx?docid=26534. It doesn't look like anything changed in the current update.
more...
SunnySurya
07-13 01:12 PM
Surabhi, thanks for your reply. Thats another option, I should look at.
I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
I took infopass to clarify my situation with 2 I-485, different A#, and one I-140.
The IO verified and told me that both Apps have been merged and keying in either A# has brought back both Appslications. There was a LUD few weeks before I took infopass. I think it may have been because of merge.
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diptam
08-13 02:57 PM
Mine reached at 11:34 am & signed by B GERKENSMEYER - Nothing so far.
Why you should file again ?
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
Why you should file again ?
Thanks for Prompt reply.
My application got delivered at 11:31 & Received by B GERKENSMEYER.
Do u think I shoould file again using Lawyer before Aug 17?
more...
vkannan
10-14 11:14 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.
And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.
Fact of the matter, nobody is sure about which thought is correct.
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
Dude, this is grey area, One thought is, Once EAD is used for 2nd job fulltime /parttime you lose your H1 status and there is other thought if you stay with your GC sponsoring employer and retain the full-time job you should be fine retaining your H1 status and ofcourse you can use EAD for your P/T job.
And hey this is not it there is one more thought going around, If your last entry is through H1b you still are in H1 status even after using EAD for your 2nd Job.
Fact of the matter, nobody is sure about which thought is correct.
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sertasheep
09-15 07:25 PM
We have received only 5 nonfrivolous questions to date in preparation for the next call. This does not meet the critical mass of 20-25 questions for justifying a conference call.
Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.
Please follow process detailed in earlier thread ( http://immigrationvoice.org/forum/showthread.php?t=1267 ) for us to consider your questions.
more...
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piyu7444
04-10 03:34 PM
The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
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franklin
02-12 05:52 PM
No, experience from current company does not count.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
If you have a masters, and the job requires one, it doesn't matter how much experience you have.
From Department of State (http://travel.state.gov/visa/immigrants/types/types_1323.html)
There are two subgroups within this category:
Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.
more...
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go_guy123
07-30 02:10 PM
This memo is under litigation....lets see the outcome and where the memo stands.
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GCBy3000
07-26 04:09 PM
Is this good or bad? We dont have even one single person with negative attitude. At least that is good.
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
I filed my 485, I am not going to gain anything from IVs efforts now 0 0%
I want to be a free rider and want others to pay for my cause 0 0%
I hate these immigrants and H1B workers on this website and will not contribute 0 0%
more...
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dwl800
12-18 04:14 PM
I have recently moved to Indy. Do you guys want to meet? Count me in whenever you have the next meeting
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singam
12-23 08:26 PM
Yes.
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msekhargc
06-20 11:57 PM
Hi Gurus,
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
prdgl
02-13 10:05 PM
Thanks a lot. This is more in depth and I am not understood how these things work.
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
So if I have MS+ 0 then I think I have to post my ad for JobZone 5. In that case, my SVP will be 7 because MS = 4 yrs and 0 expr = nothing. So i will not exceed SVP 7.
So is the combination,
JobZone 5 with an SVP 7 will work for MS+0.
Also for a software developer or related work, i don't see JobZone5. What kind of positions suit for JobZone 5 in software developers world ?
Anybody know about these things ? please drop in your thoughts
Thanks
Dhundhun
10-26 01:36 PM
... US is an English speaking nation although people from all parts of the word live here. We have to abide by the common language which is English and not Spanish. ...
This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.
This statemet has narrow sprit of English Only Movement (English-only movement - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/English-only_movement)), where as US is much broader (Languages of the United States - Wikipedia, the free encyclopedia (http://en.wikipedia.org/wiki/Languages_in_the_United_States)). Many states and citizens won't agree.
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