ajain
05-27 03:10 AM
hi,
I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.
Thanks.
I am confused about whether to suggest 'member of the professions holding an advance degree" or "an alien of exceptional ability" for my NIW petition. What is the criteria to select one over the other? I have a MS/PhD from a US university. Proving to be exceptional is certainly difficult, but then holding an advanced degree may not be enough of a criteria for a successful petition.
Thanks.
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aperregatturv
10-26 03:08 PM
My Lawyer is saying that we cannot apply for AP without a valid reason and a valid paper such as someone is sick or wedding with a proof.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
Is this true?
Thanks,
PD Feb 2004 - EB3 - India
I140 Approved - May 2007
EAD Approved - Oct 3
EAD recd Oct 10
H1B Status Valid - 2010.
lazycis
01-15 10:48 AM
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
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desi485
11-10 07:49 PM
I don't know the answer and would be interested to know, however in case if your friend flys via destinations like UK then he might face issues while going back. If the current US visa stamp is expired for an indian citizen, transit visa is needed. So keep that too in mind.
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iwantgc
09-11 07:35 PM
I was hoping something out of IV's effort that SKILL bill be passed before end this year but it appears this organization's voices are not even heard nor included in the picture.
wanaparthy
03-24 12:21 PM
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softcrowd
03-11 10:31 AM
PD Transfer can even be done @ i-485 stage too, but that's not as straight a process as porting it at the I-140 stage. But technically, it can be done at I-485 too.
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pappu
01-09 11:56 AM
Come on fellas, I need your input.
Could you update your profile please. Your profile says you are from Afghanistan and other details are missing.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Good you posted this thread. Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
Could you update your profile please. Your profile says you are from Afghanistan and other details are missing.
The delays you pointed out are actually being discussed by IV core at this time (part of our 2009 plan if members want to) and we are thinking of making a case for it. In order to do that we will need statistics on our site to prove how many people (our members) are affected. We can use that % dataset to determine the similarity with overall similar cases. We can also use the statistics to make a case for all cases that are current for a long time and still waiting. We will need community's help if you all want to use the stats and graphs for our presentation on this advocacy effort. This effort will be successful if we get help from all members EB1, EB2 ROW and others in all categories that are current for I485 or are outside their application processing times for their other immigration applications. This may become one of our 2009 push and we can work on it.
Writing letters is good. But they need to be backed by a campaign and IV name needs to be behind it to make it a national campaign. Not sure how much individual letters may help as we have learnt from past experiences.
Good you posted this thread. Let us have a discussion what EB1, EB2ROW and others that are current want? And also what people whose I140 etc is stuck and are outside processing time want? Are they willing to support such campaign? Can these people get all such folks together on this platform to run this campaign?
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pan123
11-04 04:14 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
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vinabath
07-02 03:05 PM
I paid for a 2007 labor for 15k. Now I am screwed.
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forever
07-27 02:41 PM
1. File I-140 whenever you receive the physical copy.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
2. In the mean while your current I-140/I485 application based on substituted
labor will be processed as usual.
3. You can receive EAD/AP (Try not to use it though !!)
4. Whenever your second I-140 is approved and your priority date is current interfile the I-485 based on substituted labor with your approved I-140 with better PD.
Good Luck.
I would go ahead with this option.
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InMess
02-22 09:34 AM
Hi Guys i need some advice/help on my I-140 denial.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certfication used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
So what are my options now
1. Can my attorney file an MTR and request the USCIS to consider mine as a EB3 case, if requested what are the chances of USCIS approving my I-140.
2. Once the MTR is filed to convert from EB2 to EB3, what is the present status of my 485/EAD/AP/FP
3. If the USCIS is okay converting from EB2 to EB3, will the same application's applied ealier for 485/EAD/AP/FP are valid or not?
4. My wife has used her EAD and she is doing a full time job, so now as my I-140 is denied and if an MTR is filed in next few days can she still continue the same job until the decision is made on the I-140 and 485.
5. My wife has an H1 also, so as she used her EAD(which came as my dependent) not with the company which hold's her H1, in this case what would be the status of her H1, can she quit her present job and do another job using her H1, is that H1 still valid.
Thank you all for your advices and help.
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jaggu bhai
08-24 09:52 AM
Thank u all very much for ur valuable suggestions.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
It boost a sense of rightness when I share at Immigration Voice.
So much experience......available here.
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jhaalaa
03-28 12:31 AM
1. If you go to the DMV please ensure you carry the complete papers. The folks are good but would not approve just on the basis of a receipt notice or letter from the attorney or employer..... You need a presently valid visa(H1/H4/whatever is your present status) approval notice.
2. The DL would be granted only upto the last date of the visa approval period.
3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)
Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.
2. The DL would be granted only upto the last date of the visa approval period.
3. OK Folks are very nice and cooperative. (NJ folks were not bad either but OKies are nicer ;-)
Stating above based upon personal experience as I had to stay at home for 10 days because the H1 renewal did not arrive on time.
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GCWhru
03-24 12:22 PM
I never heard of this...Last year I applied for extension and had to travel for family emergency. But I got the approval without any issues. Might be just lucky?
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
Your extension may be become invalid. We use I94 number in the extension application form. when you get extension approval you have the extended I94 for the same number.
If you have traveled you have different i94 from the recent travel and different one in extension.
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andy_8214
09-15 07:52 PM
Chandu keeps opening the threads and keeps talking to himself....he is so lonely.
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BharatPremi
11-30 06:16 PM
You need to invoke IV-21 :D
Good One...:D.. Then I will have to wait for 6 months from today...:D
Good One...:D.. Then I will have to wait for 6 months from today...:D
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Sandeep
03-08 07:28 AM
Pl. find here some more stuff about DOL/BEC and PERM.
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
http://www.whitehouse.gov/omb/expectmore/detail.10002380.2005.html
I believe this is an older version of the report I was talking about as it says "Assessment Year2004"
The question is why is DOL projecting that it is doing a great job? There are serious flaws everywhere and there are thousands who will testify to that. They do not know how much money to ask from the Congress and they do not know if they can even meet the deadlines they have set. Also look at the way the goals have changed
Page 212
"The goal to reduce processing time to six months for 90% of applications, though ambitious relative to current 32- month processing, may not be either sufficiently tailored or ambitious for the new automated review process, if program reforms go as planned, and processing rates are as high as envisioned."
"ETA Congressional Justification submitted with the President's Budget for FY 2005: (1) Reduce average processing time such that 90% of new applications are processed within six months of filing (target ambitious relative to current processing time of 32 months; target remains same in future years; contingent on implementation of reforms). (2) In 2004, reduce backlog of permanent applications by 36. 5% from 270,000, and in 2005, by 42% from 171, 450 (revised goal: elimination of backlog by end of 2006). (3) Goal for 2003 was to "assist employers in meeting their workforce needs by providing them with expeditious determinations on their applications to hire foreign workers under the [permanent, H- 1B, and H- 2B programs]". (4)Goal for 2001 and 2002 had been to "promptly review employer applications for foreign labor certification". Goals tie to program's mission and DOL's Strategic Goal 4, A Competitive Workforce. Numerical targets for processing will almost certainly need adjustment upon implementation of the new,automated system and centralized processing."
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waitingnwaiting
05-20 01:32 PM
"We are beneficiaries of an EB3 petition"
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
Isn't that the biggest issue with several of us! :)
Beneficiary of EB3????? OP is making a cruel joke too aside from starting a game seeking smart guys for a date
Has anyone benefitted from filing in EB3?
Victims of EB3 petition is correct.
wizard20740
07-01 03:46 PM
My wife's ead was filed in April even though hers was due for expiry only in Oct 2008. Yday her ead was approved (her online status read "card ordered".
I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.
I have also read about one other case in , where the poster had filed too early but still received approval. Only problem is the new ead is valid for a year starting from the filing date, not 1 year from the expry of the old ead.
a2k2
12-21 11:52 AM
You can read my experience in below link
http://immigrationvoice.org/forum/forum74-medical-exams-and-related-issues/932849-i-485-interview.html
To answer your questions, yes they interviewed me and my wife together. Attorney is not critical, our attorney did not accompany us - one reason id because he is in Atlanta whole I'm in NJ. Yes he can approve and stamp your passport right then if everything goes fine. Our PD was not current back then so he said he could not do it.
But in our case even though he said our applications were through and should get our GC as soon as it becomes current I had to wait for 4 months to get GC after it became current and after contacting every possible office. But that was my luck :rolleyes:
http://immigrationvoice.org/forum/forum74-medical-exams-and-related-issues/932849-i-485-interview.html
To answer your questions, yes they interviewed me and my wife together. Attorney is not critical, our attorney did not accompany us - one reason id because he is in Atlanta whole I'm in NJ. Yes he can approve and stamp your passport right then if everything goes fine. Our PD was not current back then so he said he could not do it.
But in our case even though he said our applications were through and should get our GC as soon as it becomes current I had to wait for 4 months to get GC after it became current and after contacting every possible office. But that was my luck :rolleyes:
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