chilushah
11-03 02:30 AM
Team, My Labor is filed under PERM was Audited and now approved.
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
For, Qualification it says Bachelor + No Experience
However, in Skills section it says 5 years of experience in Software Development (.NET).
I got Audited and was required to provide Business Justification for 5 years experience for software developer position.
Can this be applied in EB2?
Thanks!
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leoindiano
07-19 08:17 AM
From , it appears that most people got their GC's without any LUD's. May be most cases are preadjucated and there will be only one final status change.
martinvisalaw
07-28 07:13 PM
I doubt that. Returning after a long period on AP would sure make the POE officer grill that person, as AP is supposed to be used in case of emergencies and humanitarin grounds. I was grilled at IAD on return after 30 days and the POE officer asked me to present documentary evidence of the emergency to travel outside US.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
You got a very difficult officer. In practice, people travel on AP for many reasons, most of them not for an emergency. It's a shame the officer you got grilled you like that.
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haider420
03-04 01:01 AM
Mr Haider
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
Please give the entire facts of the case before asking for advise.
1. You said your I-140 is cleared, that means u might be working currently or did they apply as future employee
2. What does your master's have to do with your EB3 application? if you already filed in Eb3 and your date is current there is no point in waiting for completion of the masters and then filing in EB2. Either the attorney is drunk or you are not giving the entire information.
Please give all relevant info and hopefully somebody can guide you. If you feel your attorney is messing you up, you can file for your 485 by yourself if you company agrees.
either way we need more details to help you dude
- cheers
kris
i just found out after talking to USCIS that I have to wait till my PD is current which is probably going to be in another 10 years...:(
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ksach
03-07 04:43 PM
In my experience, it is not required if your are still within the expiry date on the previous stamping and the previous stamping was for a H1-B. You just need to show the latest 797 ( h1-b approval) . I have used this feature many times, and have even changed two employers in between. Never had a problem, except once while coming back from Canada. The immigration officer was new and hence went and asked her superior who said it is no problem. I was let thru with not problems after that. I never had a problem in SFO, thru which i travel frequently.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
I think i saw a FAQ for this on murthy.com . check that site as well.
In the end, I am not an attorney, so dont legally hold me to my response. consult your attorney.
needlotsofluck
07-26 09:52 PM
Please see the update in Oh law's site
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
Under the update July 2007 VB, visa number was unable for the entire July 2007. It remained such until July 17, 2007 when both DOS and USCIS reversed their positions. There could be some 104(c) H-1B three-year extension petitions filed in July bore the 17th. Since the July 2007 VB has been reversed and remains "current" in July, it will remain a challenging issue for these filers. Those who file after July 17, 2007 and before August 1, 2007 may not be entitled to the benefit of 104(c) extension. Accordingly, those who need three-year extension under 104(c) should not file the H-1B extension until after August 1, 2007 to obtain three year extension, even though they will have to pay the increased filing of $320 rather than the current $190. In August, the EB visa number will remain "unavailable" for the entire EB classifications, presenting the best opportunity to file such 104(c) three-year increment H-1B extension petition. What a twist and irony of the development of events?
This is new to me. Can you please indicate the site address of this memo?
Thanks
more...
stucklabor
03-11 11:01 AM
Akela,
I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.
Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
I am not sure if line 14 of the ETA carries much significance. You can always submit your qualifications during I140.
Can you get a copy of ETA 750 Form A? That will tell you if the job requirements were filed under EB2 or Eb3.
Guys,
Please answer me the following question?
I have a masters from US and over 2 years of exp when I joined my company. They filed for my LC. There is nothing in form 750 B ETA that says if I am EB-2 or EB-3. In fact the line line 14 is blank which says list documents that support education, training, experience..etc. to be submitted during I-140. I suspect though on ETA 750 form A they made the advertisement as if I am eb-2. So the question is I do not see anything on line 14 of ETA form B. Is that a big blunder.
Did my lawyer blunder or I am ok?
My labor is not cleared yet. So no way to check I-140.
I know few things
ETA 750 FORM A probably filed as EB-2 (I have to believe my lawyer, they say I have been filed as EB-2 on repeated request).
ETA 750 form B of which I have a copy of (it was the one that I had to fill), line 14 says Item 14. Documentation. List any documents submitted with this form as evidence of the alien's qualifications. These may include statements from past employers, diplomas, and educational or training certificates. now this column is blank. Is that a problem? Did my lawyer made a big unrectified mistake.
Thanks,
akela
Thanks in advance,
Akela
Did my lawyer blunder or I am ok?
Thanks in advance,
Akela
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kaisersose
05-29 11:57 AM
Thanks for your response kaisersose.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
I understand I can switch jobs with my EAD.
I want to switch from EB3 category to EB2 since I will be current under EB2 with my PD of July 2003. What is the process I have to follow to make this switch?
KC INdian
Three steps,
1. Your employer or a future employer should file a new Labor for a job that has EB2 requirements and you should be eligible under these requirements.
2. Then apply for an EB-2 140 for this approved Labor by using PD substitution (from your earlier 140). This 140 will be approved under EB-2 and will have your earlier PD.
3. Now you can replace the underlying 140 of your 485 application with the newer one and you will be all set.
Easier said that done though...as PERM in Atlanta is taking a long time and 140 is taking a long time too without Premium processing.
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gg_ny
10-20 07:31 AM
You need to file tranfer papers anyway when you move. That means you have new H1B approval, and thus a new stamp is required when you travel out.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
I would appreciate, if any of you can answer this question either through their personal experience or their knowledge.
I recently got my H1b visa renewed(& transferred) for 3 years based on a previous I-140 approved from my earlier job. I would like to get my H1b visa stamping done either at Mexico or Canada based on the current validity(for 3 years) of my H1b approval. If after stamping, I change companies will I need to get a new stamping to reflect the new company on my passport? If I don't need to get a new stamping, then if I travel to my home country and then return to US, will it cause a problem at the border post if my H1b approval paper shows a different company than that on the passport? Your advice in this regard would be greatly appreciated.
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wandmaker
03-18 11:22 AM
I am positively sick of seeing the same "case received and pending" status on my I-485 case for the past two years (almost). I call CIS and they parrot like repeat the same status which I see on their website. They tell me they have no further information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please update your profile w/ correct information.
I simply can't take it any more. I have already paid unnacceptably high human cost for this GC. If my case has any discrepency and it is going to be rejected eventually, then I dont see any point of working in US from this point onwards itself. I would rather move back to India and use this time to build my career there.
I can hang on only if I somehow get to know if my case has been pre-adjudicated for approval, and no more bureaucratic actions are required on it. But how do I do that?
Any ideas?
Please update your profile w/ correct information.
more...
ghost
07-19 02:19 PM
Ok , just got off the phone with my lawyer.He says we can not file a I485 because the priority date is not current. EB3 is showing 01OCT01 and we can only file that form the bulletin is showing April2002. He says we are not eligible for that...
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
So now you are getting a feel of the whole mess we all are into. Welcome to the club!
Anyways, from all your posts I gather that your wife's GC application is in EB3 category with a Priority Date (PD) of April 2002.
You've never mentioned your country of citizenship but as of July 2006, the PD is not current for any one. Check out the bulletin at: http://travel.state.gov/visa/frvi/bulletin/bulletin_1770.html
Click on July 2006 and scroll all the way to the section of "Employment Based" Table. The first column (employment based) of this table lists categories. Yours, EB3, is 3rd. Now, depending on your country of citizenship you can check the available PD. Department of State updates this web page every month but because of current retrogression problem there is not a lot of movement for EB3 PD's.
You have other options like changing your employer and porting your PD to the new employer. Search in the forums for "Porting Priority Date" for more information. You should talk to your lawyer about this possibility.
Good Luck!
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fromnaija
07-10 02:12 PM
I chanced upon this c-span program on Saturday and called in to ask Rep Ed Royce about legal migrants. Listen to my question in the last two minutes of the broadcast.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
Rep. Ed Royce (R-CA), International Relations Cmte., Member, discusses two field hearings he chaired this week on Border Vulnerabilities and International Terrorism.
http://www.c-span.org/VideoArchives.asp?CatCodePairs=,&ArchiveDays=100&Page=2
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pdakwala
02-24 04:50 PM
Hello everyone,
Here is the comparison from AILA. Like it or not. You have only two option: Take it or live it. Thanks
Cheers
Here is the comparison from AILA. Like it or not. You have only two option: Take it or live it. Thanks
Cheers
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GCBy3000
07-26 04:32 PM
only Pappu / LogicLife could change the poll questions at this time. They have already changed some.
Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
Interesting poll. I have a small suggestion, though.. If you want unbiased data, you cannot ask leading questions on any survey. For instance, if you ask "Are you a free-rider?", and you are clearly conveying what is the "right" answer.
Ask very neutral questions on the poll. Also, make it anonymous to encourage participation. Pare down questions so that they are distinct and mutually exclusive.
At least that way you'll get better data to work with for analysis.
more...
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johnggberg
07-18 10:48 AM
i verified with my lawyer, and they did not got it yet, hence i'm hoping its still with USCIS.
if they returned it, i guess we can still file when ever we get it back, even after aug 17th. as it is returned for wrong reasons
if they returned it, i guess we can still file when ever we get it back, even after aug 17th. as it is returned for wrong reasons
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overseas
08-25 10:11 PM
wizkid732,
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
My case is in background check a.k.a extended review. I tried all the means without any success. Infopass, Ombudsman and senator told me that there is no time limit for these kind of cases. Few unlucky cases gets stuck in this and yes the wait will be very painful if you wait. Best thing is followup every 3 months or so and only think about it on the day or two you followed up.
On the other hand I heard about about few cases where USCIS has told that the application is in extended review but issued the card within a month or so. So I think sometimes they just say that to reduce the enquires temporarily and I hope yours is one of those cases.
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psaxena
06-25 06:44 PM
......................
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walker15
03-16 11:41 AM
Try www.gowda.com.
I utilized this firm for GC and I was very much satisfied.
You should act quickly.
All the best
I utilized this firm for GC and I was very much satisfied.
You should act quickly.
All the best
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GoneSouth
04-18 05:52 PM
Contact the federal elected representative in your employer's district. If they are not immigrant friendly, try the elected representative in your district (if different). There is a congressional liason inquiry process that can be leveraged to expedite your LC application. My application was pending for 8 months with no new status from DoL. I contacted my employer's congressman, explained the situation, and supplied a letter from my attorny, and my LC was approved within 3 weeks.
Aah_GC
06-19 08:37 AM
Aah_GC: Lawyer might not have received it from USCIS otherwise irrational would not be writing it here :) Many who filed during July 07 fiasco have not received the 485 receipt notices (lost in mail) from USCIS.
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Sure, guess I was a bit irrational :)!
irrational: For EAD renewal, you can use your biometric notice as a proof of filing for I-485 to extend EAD and you make sure give correct A# on the form , with this USCIS should be able to pull your records. Also write a cover letter stating that you have not received the 485 receipt notice from USCIS, thats it. Nothing to worry, Go ahead and file without 485 receipt notice copy.
Sure, guess I was a bit irrational :)!
GCBy3000
07-24 02:42 PM
I dont want to know about the contributors. Again and again same people come and post. I am pretty much sure about it. I want some feedback from non-contributors.
