snathan
08-04 12:40 PM
Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?
Thats what I have said in my previous post...Its tough. But it depend on the job requirement and the PERM wording...and your luck
Thats what I have said in my previous post...Its tough. But it depend on the job requirement and the PERM wording...and your luck
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desi485
11-12 06:53 PM
This is not new, it has been there for a while and almost everyone who googled AC21 would have read Murthy's page.
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
Hmm... seems that CIS can not just change the stand so easily. Here is one attorney's take on this.
http://immigration-information.com/forums/showpost.php?p=25316&postcount=2
Whatever Murthy has mentioned is her opinion. Aytes memo has not been more stricter than Yates memo but has been more clear.
So lets continue to send letters
Hmm... seems that CIS can not just change the stand so easily. Here is one attorney's take on this.
http://immigration-information.com/forums/showpost.php?p=25316&postcount=2
gimme_GC2006
04-09 11:50 PM
1. you have two hands and two middle finger...just show to him and move on.
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
2. Or call the dol and inform all...and he will be in soup.
Put everything in e mail or certified mail and pass all those information to dol and move on.
You dont have to bother anything else.
heheh :D
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tikka
06-04 11:27 PM
http://immigrationvoice.org/index.php?option=com_iv_webfax&task=getContactDetails&Itemid=46
can you help out a little please?
we need to keep ask members to send faxes
thank you
can you help out a little please?
we need to keep ask members to send faxes
thank you
more...
hopelessinseattle
03-08 09:39 AM
When I was hired last spring, I was not told about GC retrogression by my employer. I beleive they should have explained in graphic detail and if they done so I would not have left a good job and my home in Canada to move to an American nightmare.
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
I recently discovered that I have at least a 5 year wait as an EB-3. My teenage daughter will be too old to get a green card as a dependent and my wife is seriously depressed about not being allowed to work.
How many other people are as P-Oed as I am and is there a class action suit here?
vjkypally
02-07 11:27 AM
I just called and they told that my employer should write to Vermont Service Center.Yes, this is not falling in place with their processing dates. But i think, you should be getting your approval any time. May be, have your attorney contact Vermont center for inquiry. Or you can call the customer service directly.
more...
va_labor2002
06-23 09:58 AM
Check out the web site for Ministry of Overseas Indian Affairs;
http://www.overseasindian.in/
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in
I already sent couple of emails to them yesterday !!
http://www.overseasindian.in/
Ministry of Overseas Indian Affairs
9th Floor, Akbar Bhawan, Chankya Puri
New Delhi - 110 021, India
Phone Number: +91(11) 2419 7900
Email: contact@overseasindian.in
I already sent couple of emails to them yesterday !!
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ricky
05-30 03:00 PM
I just don't understand one basic question.
Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)
On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????
Congress is trying to pardon 12 million illegals as a one time measure and give them Green Cards. (OK - Very good)
On the other hand we are about half a million who entered the country legally and helping the U.S. economy and paying taxes. Why don't they consider giving all of us Green Cards as a one time measure too ?????
more...
vijaysammeta
08-07 03:38 PM
Could someone live in the US on a H4 visa and work remotely for a canadian company, travel back and forth for business, all the while maintaining the H4 in the US? Of course the work in Canada would be based on a temporaray work status in Canada. What legal hassles would this create if any? Any comments. This may be a useful scenario for spouses stuck on H4 due to retrogression (no EAD, finished 6 years on H status). Anyone care to comment?
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va_labor2002
06-22 04:07 PM
:)), oh well, Indian government spent money on our education and we left India we may never won't back to India,
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
why the hell he cares for our issues
he will be glad to know that we can't stay here, becausre there is huge demand in India for most of our skill set.
we are like Dhobi Ka Kutha Na Gar ka Na Ghat Ka,
I don't agree with 'eb3india'. Don't be on negative attitudes. Negative thinking will not gain anything. Think positive !
India Government will listen to us because;
1) If you stay here in USA, you will send money to your parents and relatives.
They will spend money and improve indian economy.
2) If you stay here and become rich, you may start a busness in india and employ indians and indian economy will grow.
3) You may invest in houses and properties in india.
So, If you continue to work in US and make money, Indian economy will grow
indirectly. Did you get my point ? Mr Vayalar Ravi knows this very well. He knows the earning potential on NRIs in US.
more...
H1bEmployer
09-16 04:47 PM
50, 100 H1b's.. Are you Kidding me.. Just 22 ! Take a wild guess how much were selected ! 6 ! only 6
Thanks
Thanks
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austingc
07-08 05:13 PM
You definitely need to send it even if you get BIOMETERICS
Hello WAIT_FOR_EVER_GC , Please do not confuse or post anything that you have no idea about.
Its is not true. You don't need to send photos for EAD and the instruction clearley says that. For AP you need to send photos even thnough you went for biometric appointment.
If you apply both EAD and AP together then you will still need to go to fingerprint and also send photos for AP.
Hello WAIT_FOR_EVER_GC , Please do not confuse or post anything that you have no idea about.
Its is not true. You don't need to send photos for EAD and the instruction clearley says that. For AP you need to send photos even thnough you went for biometric appointment.
If you apply both EAD and AP together then you will still need to go to fingerprint and also send photos for AP.
more...
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wandmaker
04-07 11:42 AM
Hi Everybody, I have a question to the people who already invoked AC21? Do we need the I-485 receipt to invoke AC21 or can we use I-797C(Biometrics notice) as proof of AOS pending? My employer and employer's attorney did not agree to give me the I-485 receipt. I filed FOIA but did not get anything yet. I could file EAD and AP online and send the biometrics notice as supporting doc, received EAD and AP is pending. Does anybody know if there is any other way to get the I-485 receipt or is it really needed for AC21?
I did not get the receipt notice, open SR and received a standard letter stating that duplicate receipt notice will not be issued. I spoke to one of the IOs and took info pass, the said "copy of FP receipt notice issued to finger print you for I-485 can be used as proof of I-485 filing". Additionally, the letter that I received from USCIS also serves as proof of filing :). You only need a proof of 485 filing to avail AC21, receipt notice is one of the way to prove and alternative proof can be used. I confirmed this with my company attorney, he was in a same page - my receipts were lost in transit.
I did not get the receipt notice, open SR and received a standard letter stating that duplicate receipt notice will not be issued. I spoke to one of the IOs and took info pass, the said "copy of FP receipt notice issued to finger print you for I-485 can be used as proof of I-485 filing". Additionally, the letter that I received from USCIS also serves as proof of filing :). You only need a proof of 485 filing to avail AC21, receipt notice is one of the way to prove and alternative proof can be used. I confirmed this with my company attorney, he was in a same page - my receipts were lost in transit.
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rajuram
01-04 08:05 PM
Is IV still trying for this or has there been a change in plans?
more...
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indyanguy
04-16 02:43 PM
Thanks for sharing your experiences. Is LLC corp employer eligible to do H-1 transfer? I have an American citizen friend who has a LLC corp and work as an independent contractor. Can he file for my H-1 transfer and can I work for him?
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
His annual income is about 150 to 200K. I think he takes about 100K as salary and rest as company profit.
I have my 140 approved and 485 pending (>180 days).
Any potential risks with this approach?
Thanks in advance!
If he's the only employee, CIS might scrutinize the application for Ability 2 Pay issue. I know friends who've gotten a successful H1 approval from companies with only 4 employees. However, CIS looks into the case in depth if a company is very small.
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getgreensoon
03-09 09:40 AM
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
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senthil
02-09 11:32 AM
about Berkleybee latest postings. I know this person from day1 and no-doubt, as mentioned by others, she was an important member of IV and great asset.
http://boards.immigrationportal.com/showthread.php?t=240431&highlight=Berkleybee
http://boards.immigrationportal.com/showthread.php?t=240431&highlight=Berkleybee
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puvathoor
04-04 03:50 PM
I saw a comment on a lawyer's website that recapture of unused visas can only be done through legislation and not through administrative fix..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
And, the real issue we should try to address here is USCIS inefficiency.
There are a lot of " worldwide" category folks who have been current for over a year (and a few months after the 180 day memo) but are yet to get their GC.... So unless we get USCIS to move fast on the applications that are current, all our visa recapture efforts help DOS to move cut off dates further ahead.. but if past history is any indication, more of these visa #s will be assigned to Consular processing cases rather than AOS cases in USA..
So.. I think while lobbying for Visa Recapture is the right move, we should also lobby to highlight USCIS inefficiency in adjudicating cases that are current..
EB3gcwanted
06-07 12:51 PM
e-filed on April 20th. No update for last 45 days
summitpointe
04-22 08:03 AM
You have used EB2 substitution labor. For EB2 you should have Masters degree or min 5yrs of work experience. Talk with your Attorney and try to get atleast 5 years of work experience certificate from your previous employers and try to match up with the labor. Open an MTR and it may help you. When you open an MTR your case will be in pending status and you can get a H1B extension based on approved labor. After getting your H1B extesnion apply for PERM labor ASAP. Then you will not have any problem.
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