rajivkane
12-08 11:17 PM
Guys!
Thanks for your answers.
Regards,
Raj
Thanks for your answers.
Regards,
Raj
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eb3_nepa
03-04 11:44 AM
So much for the Obama administration being good for Legal EB immigrants :)
4move
10-12 07:29 PM
I had my restamping done at Mumbai consulate 2 weeks back. They only asked me about the salary and what physical location I am working. I had taken last 3 salary slips with me, but not used at all. Make sure H4 interview is at right category if restamping H4. VFS folks did not allow my wife to go to interview since her H4 stamp on passport was expired more than 12 months, even though she has I529 approval for the period after that. One more thing with Mumbai consulate is you have to hand deliver all your paper work atleast 5 working days in advance. They do not accept via currier or other means.
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fromnaija
09-15 12:46 PM
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.
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.
more...
dwhuser
06-15 08:40 PM
This is my openion.
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
POE IO might ask for the EVL letter from the sponsoring employer to check the integrity of the case, though not very common.
What is a EVL letter ?
JazzByTheBay
09-14 10:06 AM
http://morejazzbythebay.files.wordpress.com/2007/09/sanjoserallybnr4-2.jpg
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
SAN JOSE WAS THE BEGINNING, DC WILL BE A HUGE MILESTONE!
(San Jose rally pictures and videos, and Aman's messages from Milpitas, CA meeting can be found at http://morejazzbythebay.wordpress.com (http://morejazzbythebay.wordpress.com/))
http://images.jupiterimages.com/common/detail/20/99/22609920.jpg
cheers, and see ya'll in DC!
jazz
more...
dwhuser
06-15 01:02 PM
My husband is the primary applicant for our GC application and he's on bench since Feb 2009. We have valid EAD and AP's. We are planning to travel using our AP for a 3 week visit to India. He still has a valid H1B, since his payroll is not running for the last 4 months his employer suggested him to move into his EAS status. When we asked the attorney if we need to apply somewhere to move to EAD status from H1B he said we donot need to.
Our question....Is it sensible to travel on AP him being unemployed?
Our question....Is it sensible to travel on AP him being unemployed?
2010 riverwood minecraft community
arnet
11-17 01:16 PM
Thanks Yoshi and alien2006 for posting your experience. As everyone here said, after waiting for one hr over phone, the USCIS rep is not answering our questions properly -puts even more additional pressure on us.
more...
Blog Feeds
05-05 06:50 AM
As leaders in NAFTA visa processing we like to update our readers on different visa categories and updates. This article is provided by our TN Visa Lawyer, Attorney Andrew Desposito.
For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.
For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.
So what does this mean for you?
What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.
With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.
Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.
With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.
Preparing a perfect TN Application
There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.
The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.
The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.
When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.
The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.
Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.
Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.
As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.
Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.
More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)
For many who come to the U.S. seeking work, there are only so many visas through which they may legally work. It is because of this issue that U.S. lawmakers have been strict on immigration enforcement of illegal immigrants trying to work in the U.S., in particular those coming from Mexico.
For Mexicans and Canadians, the nonimmigrant NAFTA professional (TN) visa allows citizens of Mexico and Canada, as NAFTA professionals, to work in the U.S. in a prearranged business activity for a U.S. or foreign employer.
So what does this mean for you?
What this means is that if you are a person that works in a certain field, and have the education that corresponds with that field, you may be able to apply for the TN visa. Unlike the H-1B and its cap on how many visas are granted each year, or the J-1 and H-3 visas and their limited durations, the TN visa may be granted for up to three years and can continually be renewed toward the end of its duration. There are certain requirements of eligibility for the TN visa.
With some exceptions, each profession under the TN visa requires at least a baccalaureate degree as an entry-level requirement. If a baccalaureate degree is required, no work experience may be used to substitute it. In some professions, an alternative criterion to a bachelor�s degree is listed. For some professions, experience or licensing is required in addition to the degree. It is therefore crucial to know what field you may qualify under before seeking this visa.
Once you have determined that a TN visa is available to you, the next step is to find a U.S. employer willing to hire you in the job category related to your experience. During this time of economic growth, many companies are capable of hiring individuals from Mexico and Canada to fill those positions in the U.S. at very little cost. The visa itself is inexpensive to apply for at the U.S. Consulate or the Port of Entry. This makes it a far more attractive option to U.S. employers instead of the H-1B or L-1A visa and its many filing fees that come with it.
With an employer willing to sponsor you for the TN visa, all that remains is preparing for your TN visa.
Preparing a perfect TN Application
There are many little parts that go into putting together a successful TN visa package. There should be no question in the mind of the immigration officer at the Port of Entry or the U.S. Embassy that you, the employee, meet the position requirements as listed under appendix 1603.D.1 of the TN visa, and that the company is an established business that has the need for your position.
The immigration officer will ask questions regarding the nature of the business, the position you will be employed in, what your position entails for the company, and may even ask for examples of work that relate directly to the position being applied for.
The Technical Publications Writer is a TN visa category that many individuals can be qualified to work. The position requires a Baccalaureate or Licenciatura Degree or Post Secondary Diploma or Post Secondary Certificate, and three years experience. The degree requirement is very broad in that all it takes is a degree or diploma in a related field to the company that the position is held. For instance, there was a case where the Technical Publications Writer was to assist a new media company in the design of its materials for publication on its websites, revise product instruction, and review and research social media publications. A degree in English was the related degree necessary to fulfill the duties of her position.
When trying to figure out if one has the three years experience as a Technical Publications Writer, the occupational outlook handbook provides guidance on whether one can hold such a position. A Technical Publications Writer helps a company by reviewing published materials, recommending revisions or changes, arranging typing, duplication, or distribution of materials, as well as editing, standardizing, or making changes to materials prepared by other writers.
The Technical Publications Writer may also complete specific writing projects for the company. Looking at a person�s prior work experience, it is not usually difficult to see that many duties one performed were similar to what is required of a Technical Publications Writer.
Although work experience and degree are the requirements to holding the position, as outlined in the Appendix, a person should be able to bring other work that has been done to show they can produce something that is published. What this means is that an immigration officer at the embassy or the port of entry may feel the person does not fit the job description because they have not published something.
Although there is nothing in the requirements for that position requiring a published material, it is good to be able to show one�s prior work has been published in some capacity. This is good for when a person applying for the visa gets an officer who does not understand that the word publications in the TN profession does not mean a person must be published to hold the position. A recent client went through this similar situation where they were not convinced the person should be a Technical Publications Writer because they did not have any published material.
As attorneys who have worked on many TN visas, we know what immigration officers are looking for in their interview with TN professionals. We understand that many of them need to see for themselves how your position and your background meet the requirements of the TN position. We have helped people get TN visas as Engineers, Lawyers, Management Consultants, Technical Publications Writers, and Economists. No matter your personal background, being a professional under a TN visa is as simple as finding out what position fits you best.
Although some positions do have specific degree requirements, such as a lawyer, other positions require a degree in a related field, such as for the Technical Publications Writer. With an attorney that understands little nuances like this, it is possible to get your TN visa wihttp://www.h1b.biz/lawyer-attorney-1137117.htmlthout the wait through the USCIS process for other work visas.
More... (http://www.visalawyerblog.com/2011/04/tn_visa_attorney_the_technical.html)
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chantu
02-29 02:18 PM
Well my employer applied for 140 on "some secret date", that he will not tell us :). So I don't know when he filed. I was under impression that he filed long time back almost a year back and it is approved. Suddenly, I received RFE at my home mail (I was surprised as well my employer..that how it arrived to my address) and I found that my I140 is in limbo state. But blessing in disguise was that now I have my I140 number and A# and I can track it online.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
I don't know when exactly he filed my labor too. He just gave me one page to sign on labor. so I don't know any details of that too.
more...
BharatPremi
11-30 06:05 PM
Guys,
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
If one IV member moves from State A to B, what would be the process of transferring membership to state chapter?
Will it merely be a deleting datbase record from one state and adding it to another state? Or would it be again filling up survey to new state chapter..?
Thanks.
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bobbydalal
05-21 10:13 AM
Guys whatever will happen we got to start sending faxes to white house too. We got to overdo the numberusa pepole by far if we want any hope of relief for EB category.If u go on numberusa they r sending fax everyday to whitehouse n congress. So we got to do the same and overdo them. We got to get congress look at our cases and the years of waiting to get our green cards So the forum should do something and we all should start faxing.
more...
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msp1976
05-19 04:24 PM
I want to start a new thread But donot know how to...
Core Team,
As you know there are a number of applications stuck in PBEC and DBEC.
These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..
This should light some fire under PBEC and DBEC...
Please do this to bring some relief for folks stuck in the BECs.....
Moderators please make this a separate thread.....
Core Team,
As you know there are a number of applications stuck in PBEC and DBEC.
These are operated by Exceed corporation. I have a proposal that I urge you consider. Please send a memorandum from IV to exceed corporation stating that if we donot see faster results from the backlog elimination centers we would urge the senators to exclude Exceed Corporation from getting any contracts from Federal government originating from CIR..
This should light some fire under PBEC and DBEC...
Please do this to bring some relief for folks stuck in the BECs.....
Moderators please make this a separate thread.....
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rajuram
05-06 09:27 PM
when will the house take up the bill, every one is focusing on the senate.
Last year house shot it down. hope this doesnot happen this time.
Last year house shot it down. hope this doesnot happen this time.
more...
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calboy78
08-10 01:38 AM
It needs action - not talk.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
The system created by DoS and USCIS is highly unfavorable for EB3 people.
DoS is not giving enough visa numbers to EB3 - the category is "U" for now.
USCIS is very lame in processing 140 of EB3.
Many a times employer create a position that requires just Bachelor's degree, BUT a Bachelor's person can't really do that job. Eventually a Master's person (or B.S. + 5 yr experience) fills that up, not knowing that he will be shoved in EB3. In fact most EB3 people in queue today are like this...on top of that, DoS/USCIS has lumped lot of different kind of workers in EB3 - who should be in different category (probably EB4). Overall, very unfair situation for EB3 people.
We all (no matter whether EB1/EB2/EB3) need to support IV to get unused visa numbers recaptured. This will help all EB categories. Without visa recapturing EB3 especially is doomed.
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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?
more...
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quizzer
08-10 12:48 PM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
Is it new H1b or transfer?
Thanks
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
Is it new H1b or transfer?
Thanks
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lj_rr
07-30 01:36 AM
Can someone post details about which Service Center to send the 485 papers - Nebraska or Texas?
It is based on employer location or employee location?
Link to a USCIS article or something else will be extremely helpful.
Sorry, if this is a repost. I searched but could not find anything.
It is based on employer location or employee location?
Link to a USCIS article or something else will be extremely helpful.
Sorry, if this is a repost. I searched but could not find anything.
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webm
08-27 02:42 PM
What was the cause for H1B rejection??
pp2007
11-15 11:14 AM
which city in TN?
kondur_007
08-16 06:29 PM
Hello everyone -
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
I am planning to change my job and would like to seek some advice. I already used AC21 once without informing USCIS, and now would like to do it again. I would like to seek advice on couple of issues:
1. I would like to do this without informing USCIS and worry about a response if and and when I get RFE. However, new employer has E-Verify system. Would them checking my eligibility to work through E-verify make it certain that I would get an RFE for employment verification?? In other words, E-Verify tells USCIS that one has changed employment? or E-verify and 485 have no connection?
2. My new job is in the same engineering field; however, there is still a big difference in salary owing to additional managerial duties. Labor was done based on technical responsibilities in engineering field, new job involved technical as well as business responsibilities in the same field. With years going by, I am taking on more and more project/division management experience and that is what the new position would entail.
Original title - Transportation Analyst/Engineer with 55K as salary
New Title - Director of Transportation Systems and Services Engineering with 135K as salary
Based on my research, the job needs to be in the same occupational classification. The original SOC code is 17-2051 - Civil Engineer. The new SOC could be same 17-2051 or could be classified as 11-9140 Architectural and Engineering Managers owing to managerial duties. However, the new job also has technical aspect to it since I will be responsible for sound technical design for the product/services we will prepare.
Can you guys please give your thoughs on these two issues. Thank you in advance for your time and help.
best,
I am not a lawyer, but to the best of my knowledge I can answer as follows:
1. As far as I know, E-verify does not speak with I485 system. Even if it does, it should not be a big deal as you can always reply to the RFE about EVL.
2. Similarity of jobs is a major issue in your case. This needs to be very very carefully evaluated by a good lawyer, as to me (and I am not a lawyer) these two jobs sound totally different. There is a major salary difference that will need to be justified as well. If I were to be you, I will definitely have it evaluated by a good lawyer before making the switch as this can potentially put the entire GC process at risk.
Good Luck.
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