Saturday, June 11, 2011

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  • bestin
    06-19 02:38 PM
    Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?

    My labor didnt mention Masters either.


    http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html



    (k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.

    (2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.





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  • Sreeshankar
    05-19 02:00 PM
    Do you thing is it good idea to go for info-pass for enquiry? same time any advice for following question?

    2. Processing dates for TSC-I485 shows Aug 08, 2007. Is this date recevied date or I485-Notice date?

    Dear Friend,
    I heard there is a TSC stream line process for pending 485s that have Pd current, and are with the TSC center. Below is the link, along with a informative link from Mr Ron Gotcher's forum. Ron has some good advises , please refer both the links. Hope this helps you in your endeavor. Best Wishes.
    The Links :

    http://www.laborimmigration.com/wp-content/uploads/2008/11/tsc-streamline-procedure.pdf

    http://www.immigration-information.com/forums/showthread.php?p=25835





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  • cache22
    07-18 11:30 PM
    Hi,
    Get yourself a good lawyer. As far as I know Up to 180 days of out of status can be managed. As your case is in removal proceedings, it may further complicate your situation.
    Even if you get an Advance Parole, do not use it. Your reentry will have issue. You may send a private message.

    All the best !!!




    Thanks for great services..

    My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.

    will court close my removal proceedings based on PD current..

    i will really really apprecate your help.





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  • drona
    07-09 11:52 PM
    Arun on behalf of all IV members, please join nixstor! Check out USCIS address in Google Maps. Please take any one else with you who is willing to go. Nixstor said he would be there 10am to 1pm.

    Thank you!



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  • mk26
    02-24 08:18 AM
    I am also looking for answer on this..Anyone please??





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  • thokar
    08-18 04:12 PM
    :confused:Hi all,

    I have a situation,
    I joined employer A and substituted labor with 2004 priority date. And it has been approved already, my understanding is labor substitution is nothing but filing I 140 but with some one else labor.

    My current situation is, I got a perm job and have approached company attorney and she saying / asking, since this is labor substitution case, so, I need to have letter from employer �A� saying that labor used for me was initially filed for person X and he later left the company. Hence that has been used for me.
    This is required to prove that there is no fraud happened while filing my case.

    As you all know, in this current situation, I can not go back and ask employer �A� about that letter.

    Any suggestions etc please provide.


    Just to remember
    REQUEST A SET OF COPIES WHEN EVER ATTORNEY FILING / FOLLOW UP ANY RFE etc FOR YOU. IRRESPECTIVE WHETHER YOU PAY OR COMPLANY PAYS GC FEES

    Thanks,



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  • <--JAX-->
    05-04 04:58 AM
    they were all excellent :tie:
    *jax wishes he could do stuff as good as that*
    but in the end cybergolds shinyness won it for me
    :) :) :)





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  • boreal
    08-24 12:29 AM
    Hi, I have 3 yrs exp. as a software engineer. I have a master's degree . In order to be qualified for EB2, which is better to be put on the job ad, BS+5 or MS+2? Based on my understanding:

    BS+5: BS is believed to be qualified enough for the software engineer position. But BS+5 may not be qualified for EB2?

    MS+2: Master degree is good for EB2, but wondering if the DoL thinks it is necessary for a SE position.

    Could you please give me advice on this? I really appreciate that.

    Thanks.

    Job requirement should not be tailored according to the qualifications of the individual. They should reflect the true nature of the job. Please dont ask such questions here and bring this forum to a disrepute.



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  • h1techSlave
    10-04 12:42 PM
    I am having some trouble understanding it. In 2010, they have only allocated 2400 visas to China EB3? That is a wastage of 3300-2400 = 900 visas ??

    Here is a file for Chinese EB3 visa usage and WW EB3 visa usage from the same source. Again, same disclosure as my previous post :-). Thanks.





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  • helpful_leo
    02-03 06:21 PM
    thanks guys for your responses

    Spgtopper: I am referring to the same bill; specifically section 313. Its a bill that covers a lot of specific details, but seems to ignore current PhD candidates.

    Logiclife: Wikipedia and others define "the physical sciences" to exclude life sciences. That is actaully the meaning of physical sciences, i.e. not biological sciences. It would seem stupid to exclude it, since so much of R&D is taking place in biotech etc.
    And I believe if they wd have allowed the transfer of F1 to F4, they wd have mentioned it in teh bill. I think the above 2 facts have to be brought to the attention of lawmakers.



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  • jungalee43
    02-10 04:04 PM
    God,
    I would like to face such a problem !

    Guys --
    I got 485 Card production order and welcome notice email yesterday . I am assuming that means I got PR . my company has filed for H1 -B extension last week itself . what will happen to that extension , do we need to revoke/withdraw that petition ?
    has anyone being in this situation ?

    Thanks,
    gandalf





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  • jkm2282
    01-07 09:06 PM
    Thanks. The VO did said that the visa has been issued and the PP would be delivered to me in 5-7 days. It's been over a week now and i am getting all tensed about this whole thing. Can i just go over to the consulate and enquire about it? There is no appointment needed?



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  • masala dosa
    09-21 04:27 PM
    I doubt if a Masters qualify for EB1. But if you filed under EB1, then you should be able to file I485 immediately as that category is CURRENT. Check and confirm the category your employers filed and post your question again.

    There is no way you can file under EB1
    You can go max to Eb2 or Eb3
    if its big co you work for then they will stick to eb3
    if its some tolly molly software co then u get eb2
    either way you are screwed.

    Cheers





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  • freddy22
    04-24 09:26 PM
    Contact an attorney mister. Duh?

    there is a word I am thnking of begins with a M and ends with a N



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  • mikemeyers
    05-07 02:19 PM
    Hi

    To my horror, I accidently lost my wife's passport, i am such a stupid...She had the stamps for F-2 and H-4.

    We have police report for the lost passport.

    I already checked Indian embessy's website, they have instructions for duplicate passport.

    My question is what happens to the Visa stamps. Does she have to go back to India to get it stamped? Can she go to coutry's like Canada and Mexico to get it stamped? would that be very difficult to get a new stamp?

    plz help..

    regards,





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  • pappu
    07-19 02:08 AM
    Read my posts on this subject in the archives and do not start new threads on the same topic. It helps keeping information in one place.



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  • TomPlate
    07-05 12:47 PM
    Did you guys called... Senior Members please call or search from
    www.switchboard.com





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  • wandmaker
    10-23 05:46 PM
    From what I know she can still work for 180 days while the 485 is investigated. You can appeal against the denial.

    AFAIK, you will start accruing unlawful status once your 485 denied and you do not have a non-immigrant to status to backup. You should stop working. You will regain the status (i.e. pending AOS) only after the MTR is approved.

    If you can post the legal references to support your point, it will really help many IVans.





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  • pom
    04-28 05:34 PM
    All right, I've changed it once more, but maybe you should remove those moutain pics because it takes forever to load as it is :)

    Very nice work though.





    s416504
    02-25 11:06 AM
    L1A valid for 7 years so you can continue working with A.
    Apply GC from B asap and switch to B as soon as labor(PERM) passes 365 days.

    http://forums.immigration.com/attachment.php?attachmentid=14106

    For PERM, first 4-6 month goes in preperation so actual Labor waiting start from the day you apply PERM so you should count this preperation time + 365 days.
    You might eligible for premium I140 so you don't have to go through this 365 days waiting to extend H1B.

    Thanks again guys.

    Well company A can file my GC but the issue is that the financial books of company A are not clear right now. Hence there are chances I-140 will be refused even if I file on EB1.

    Company B is willing to take me but the issue is how do I join B. The options which I see are that B files my GC under EB2 or EB3 and I continue to work with company A till then. But then in EB2/EB3 the processing will take years till I get my EAD and join company B.





    brij523
    02-23 09:23 PM
    Friends,

    Please contact congress representative from your area before this meeting as time is less and work is more. It is not easy to get appointment with congress representative because of their busy schedule.



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