saps
01-08 07:40 PM
Please help.
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uma001
11-16 04:56 PM
Hi,
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
My educational background is Bachelor of Engginerring in Computer science.
I came to United states in December 2006. when i came i was having six years of experience.
My employer applied for my Labor in 2nd week of August 2008. After 2 weeks my attorney asked for a self affidavit having details about my work experience from 2001 till 2006 and also he gave me a format.
I prepared one affidavit for one employer ( totaly five affidavit for five employers between 2001 to 2006 ). I was team member in First and second Employer, i was a Team Lead in third employer, I was a Project Leader in Fourth and Fifth employer.
When i prepared the self affidavit i made a mistake, I gave the correct dates, correct designation ( Which is in my offer and reliving letter ) but i kept same responsiblities for all employers.
I didnot get any issues in my Labor. My Labor got approved in March 2009. Now my employer filed I - 140 in the end of september. Two days back he said that there is a RFE regarding my I - 140 case. THe RFE contains the Below Details.
"SINCE THE EVIDENCE INDICATES THAT THE BENEFICIARY DOES NOT HOLD AN ADVANCED DEGREE, IT MUST ESTABLISH THAT HIS POST-BACCALAUREATE EXPERIENCE WAS PROGRESSIVE. HOWEVER, HIS SWORN AFFIDAVITS INDICATES THAT WHILE HIS JOB TITLES CHANGED, HIS DUTIES IN 2006 WERE STILL THE SAME AS THEY WERE IN 2001 FOR EMPLOYER 2. PLEASE EXPLAIN HOW HIS EXPERIENCE WAS PROGRESSIVE"
I explained the suitation to my employer but he is saying there is only 50:50 chance for I-140 to get approved.
What will happen now ?
What type of document i should provide to USCIS for this query?
Will my I - 140 get approved ?
Thanks & Regards,
Raj..
This is the first case I am seeing like this. USCIS decided to scrutinize to maximum extent so that not many H1 guys get green cards
adiboss007
04-16 01:29 PM
Dear Friends:
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
I also have a similar question on traveling abroad for 4 weeks with my 485 pending.
As you all know that when we applied our 485 AOS (EB-based) we had to also submit the copy of our latest 1-94 card (which I did). Now that I am leaving the US, I will be handing over the original 1-94 at the port of exit (a copy of which was submitted with the 485 application). Then when returing, I will be receiving another new 1-94. So my questions:
(a) Will I have to re-send the INS another copy of my new 1-94 when I return to the US (b) also might surrendering the old 1-94 and getting new one confuse my 485 records with the INS (c) Finally, do any of you know of anyone who with 485 pending, a valid H1B visa, and no Advanced Parole has had any problems returning back to the US?
Please advise, and that would be so appreciated. Regards.
read the Murthy Bulletin, "Effect of Travel While in H1B / L-1 Status and Pending I-485" :
http://murthy.com/mb_pdf/032108_P.html
-a
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joydiptac
02-08 05:23 PM
So which is better, LOA or termination of job? Hard choice..
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
LOA till you get a job. LOA will maintain your H1b or EAD status with the same company.
BTW, H1b to EAD is seamless, you needn't go out of the country to use EAD instead. On EAD you can work in a similar job. Talk to your attorney.
more...
honeyB
01-23 04:21 PM
bump
srikondoji
05-21 05:29 PM
"Senate Majority Leader Harry Reid said the bipartisan compromise reached late last week is imperfect but a starting point for debate."
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
Everybody agrees that this needs amendments. So, why oppose it and not amend it?
Let us get our points accross and get our amendments. When the lawmakers have decided to fix the immigration system then they will have to address both legal/illegal.
more...
saileshdude
04-16 11:23 AM
Hi RareRFe,
Can you post a scanned copy of your RFE here. You can take out all the personal info.
Can you post a scanned copy of your RFE here. You can take out all the personal info.
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dealsnet
07-27 02:03 PM
Since you are in tight spot, you need to consult good and experienced lawyers.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
Do not go to an ordinary lawyer for this.
Consult good lawyers such as SHUSTERMAN Immigration Attorneys, Consultation with an Immigration Lawyer, IMMIGRATION TO THE UNITED STATES: THE ESSENTIAL GUIDE, U.S. Immigration. Written by a Former INS Trial Attorney (1976-82) with Over 30 Years of Immigration Law Experience. Law Offices of (http://shusterman.com), Murthy, Khanna, Ron Gotcher Welcome to the Immigration Information (ImmInfo) main page. (http://imminfo.com/)
You are in a pretty tight spot my friend. I think a lawyer is the best person to answer these questions since you are walking a very fine line here. I dont want you to rely on advice on this forum and then later find out that you were out of status and that triggers another set of challenges to deal with later. So consult a lawyer and see if he/she feels that you can stay back in US pending H1 approval. Else I would advice moving out for 1 Yr and starting things on clean slate.
more...
linuxra
07-14 08:05 AM
What do u mean by Company A taking my GC i did nt get u u mean AC 21 or filing a new labor etc...
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mambarg
08-03 04:32 PM
This is exactly what everyone is doing.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
All the 2001/2002 filers, converted themselves to EB2 to get a place in queue ahead.
Surely , you can file another EB2 140 and later when that becomes current, file another 485.
more...
go_guy123
03-04 10:06 AM
We guys were discussing proposal for 485 adjudication during retrogession and these guys(USCIS) are moving backwards. Man..when this will end?
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
USCIS never talked about "proposal for 485 adjudication during retrogression"
People were writing their fantasies on this newsgroup
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arnet
09-15 01:04 PM
i remember IV team was earlier posting messages asking members to send questions because they have enough room to accomdate those in the same week. so i think the number of question is less now. this might be one of the reason we have conference call with lawyer once in two weeks.
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
if they get more questions in future, they can have atleast one conference call per week or they can extend it 2-3hrs too. once we get more publicity and if our members count (and questions) are doubled or tripled, we can we have more sessions with same or different lawyer. what do you think?
How many lawyers are there to answer the questions? Can we have couple of more lawyers on our panel so that we can do this more often?
more...
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immique
06-30 01:43 AM
I am having a little difficulty understanding this. If you are not so sure about approval in EB3 category how do you plan to apply in EB2 category? Moreover what makes you think that your EB3 I-140 may be denied? Even if it is a Labor substitution case if your application is strong, you should not have any issues. Your employer must support your EB2 application otherwise it is not possible.
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royjonny
06-19 01:16 PM
Well the lawyer representing the new company believes that without a copy of 140
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
1. that, they cannot do a H1B transfer.
2. that, I cannot do EAD extension when it expires in October 2008.
more...
pictures Apparently the shark released
narendra_modi
03-04 10:07 PM
i smoke GANZA..pl. mind your business..
Bidi, I guess.
Bidi, I guess.
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sanjay
01-20 02:10 PM
Look is good. But, for me I liked the old one. May be it would take some time for me to get used to new look. Site seems to be slow though.
Best thing was the candidate history infront of his name.
Anyway, good job done Admins. Best of luck.
Best thing was the candidate history infront of his name.
Anyway, good job done Admins. Best of luck.
more...
makeup Bull Shark
EkAurAaya
07-10 09:55 PM
flush this theory of mine... may be it was just a flook that 9 cases followed a pattern (and i thought i just decoded it LOL)... but this just confirms that applications dont reach Service centers they actually reach a black hole :D
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subba
02-14 09:20 PM
Here is my situation:
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
Currently on 7th year H1 extension which expires 4/30/2007 (7th year extension not stamped in passport).
Have another 3 year extension approval ie., 5/1/2007-4/30/2010.
Will be travelling to canada on Feb 22nd for visa stamping.
Few qns:
1) Will the consulate issue me a visa all they way to 4/30/2010?
If yes, will they issue two stamps in the passport one to 4/30/2007 and one to 4/30/2010, or just one stamp?
2) If they issue one all the way to 4/30/2010, I am assuming I can re-enter the country straightaway ie., the visa does not have an effective "begin" date of 5/1/2007.
Anyone have any experience with a similar situation?
Your help will be appreciated.
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vbkris77
12-27 02:25 PM
I have a valid H-1B valid till 18th feb 2011 for employment with my previous employer. I had changed employment and now have I797C for the new employer valid till Nov 2011. I plan to go to India and be back in 1 week, my employer would issue me a leave approval letter. My present employer is a big hospital-non profit and I am a health professional.
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..
Can some one tell if would need to get a new visa stamped if I come back by 15th January 2011. What documents should I carry. Should I talk to a lawyer before I leave. My mom is stable now but I am afraid If dont go now, I might not be able to gor a long time as I dont want to get re-stamping done.
Please advice
Existing stamping is good even if the employer is changed. But for your unique situation, contact your lawyer..
waitingnwaiting
05-20 05:10 PM
What exactly does "OP" stand for?
Om Prakash
Om Prakash
omiboy
09-21 10:02 PM
Can someone please help me?
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
I have been with my current company for the past 7 years under an H-1 visa.
My perm and I-140 have been approved in Aug 2007 and Jan 2008 respectively (Priority date is Aug 2007).
I am currently on my 3rd H-1 extension which was given to me till Oct 2012.
My current company had a change in management and has been harrasing me by transfering me from location to location for the past two years now. And now they have cut my pay and just today I was informed that my hours have been cut as well.
Is there any way for me to transfer my H-1 to another company who is willing to employ me?
My present company has said that they will keep my green-card sponsorship untill I get the card phisically.
Can someone tell me if I can transfer to another comapny?
If I do so, will I have to start all over again on a new perm and I-140, or can they remain under the current comapny?
I have spent over 10K for the perm and I-140 in filing fees and lawyers fees, I can't afford to do this all over again.
Please help me... I need advice.
Sincerely
Omi.
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