Hassan11
03-26 11:53 AM
no, it is not the same position. the two positins have 2 different classifications and requirements. the first position (I have LC certified for) is a financial analyst which requires a bachelor degree. the second position is a senior financial analyst (for which LC was denied) which requires a masters degree and it is supervisory position. I asked my employer to request masters + 2 years experience for the senior position but lawyer said that my experience was acquired while working for the employer (while I was working as a financial analyst) so that experience can not count toward the senior position. this was a genuine promotion and not just to apply for EB2.
any feedback is appreciated.
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
any feedback is appreciated.
There is a little chance to overcome this issue. Because of promotion in same occupation classification, one can not upgrade the education requirement to Master degree, if the same occupation required Bachelors degree in junior level. If your employer requested more experience (rather than education), probabaly they may approve the second LC, as it is geneune for asking more experience for senor level.
Now DOL and USCIS is tightening the requirement as everyone is shooting for higher requirement to apply in EB2.
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sunny26
01-09 04:24 PM
My Nd is dec2006 NSC EB3 still waiting .
Hello,
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
Hello,
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
willigetgc?
09-09 09:21 AM
Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.
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wrldnw4me
05-26 11:32 AM
Thanks for the great work by the IV Core Team, QGA and all Senators and their staff.
Thanks once again
Thanks once again
more...
saileshdude
09-07 10:49 AM
Yes� It�s me Sreedhar. According to the conversation with my cousin, what ever I posted here is true. I am not sure what IO said is going to be happen or not. My cousin and myself working in the same office. I will keep update what ever happen to his case.
-Sree
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
-Sree
Thanks for sharing this. I find it hard to believe what IO said (not you) . I think IO must have meant it will be current for PD 2003/2004 people. And using unused numbers from past is more of legislative thing that I am not sure if USCIS has the power to do it.
Siboo
07-30 03:47 PM
but you need to improve
Take it as fun...:D
Take it as fun...:D
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GCplease
08-16 02:52 PM
I guess we dont have a choice but to pay.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
That is strange. When a legal attorney represents you, you should sign G-28 authorizing the attorney to act on your behalf. Check with the attorney.
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whyregisteration
12-19 08:39 PM
Thanks to lazycis for his/her kind information about mutiple 485
My pending 485 based on approved NIW140 is sleeping at SRC, but EB1-140 was approved in NSC, my living region belongs to NSC, therefore should I submit a relink request to NSC:confused: Any idea? thanks in advance.
Merry Christmas and Happy New Year to all experts here :):)
My pending 485 based on approved NIW140 is sleeping at SRC, but EB1-140 was approved in NSC, my living region belongs to NSC, therefore should I submit a relink request to NSC:confused: Any idea? thanks in advance.
Merry Christmas and Happy New Year to all experts here :):)
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Munna Bhai
11-14 09:56 AM
Assume one uses AC21 on EAD. Now, when there's an Employment Verification RFE for I485, is it possible to submit a letter from an employer B even though one was working with employer A at the time of the receipt of RFE?
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.
Hope this helps.
The reason I ask is, when using AC21, a lot of companies might not be willing to provide a EVL which has the same responsibilities as the ones listed on the Labor cert. So, can I submit the offer letter from say my friend's company saying that my joining date will be sometime in the near future? (GC is for future employment) Would this provoke USCIS to call me for a I485 interview?
Thanks!
Yes, you can. With EAD you can even become CEO of any company but for EVL, you can submit offer letter from future-employer but remember once you get green card, you need to work for this "future-employer" for 6 months.
Hope this helps.
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raysaikat
05-25 01:50 PM
Thank you for your reply! He has been out for 9 months now but visited in between. He used H4 to come back and did not get new AP. We did file taxes. How do I know if the application is still valid and it's okay to use EAD?
Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?
Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.
Whether or not he has abandoned his green card application depends on many factors. Did he apply for AP before traveling and was it approved? Did he reenter with AP? Did he file tax return as resident or non-resident?
Anyway, your problem is too specific for a forum. You need to speak with an immigration lawyer.
more...
June05
08-06 11:59 AM
The only LUD was on my 140, which is on 7/13 - There was no LUD on any other applications H1, EAD, AP - One LUD today after the status change. Hope this helps.
I am not talking about LUD's.
When you check your status online - it says - YOUR CASES WAS RECEIVED BY USCIS ON XXX DATE. That is the date I was trying to find out.
I am not talking about LUD's.
When you check your status online - it says - YOUR CASES WAS RECEIVED BY USCIS ON XXX DATE. That is the date I was trying to find out.
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green_card_curious
03-07 09:56 PM
Thanks Stemcell. I am still on my H1-B, but my wife has been working using her EAD. We are seeing and hearing different things. We are obviously planning to appeal, but the problem is will USCIS cancel the I-485 immediately or will the I-485 be denied with the ultimate denial (after appeal, if thats our fate)? We are hearing it both ways, so am really not sure - but your friend's case gives me a little relief.
more...
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vinabath
07-31 12:54 PM
When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?
Dont use.
1. If your 140 is pending.
2. If you are still single. You cannot bring the spouse on H-4.
3. If you think that it may take 3 years to get your GC.
Use. This is a tough one. I do not suggest using it.
1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.
Dont use.
1. If your 140 is pending.
2. If you are still single. You cannot bring the spouse on H-4.
3. If you think that it may take 3 years to get your GC.
Use. This is a tough one. I do not suggest using it.
1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.
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StuckInTheMuck
05-03 08:17 AM
Updating profile should fill up your information in the tracker.
Will make a not of it.
Thanks a lot.
GO IV GO
Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
Thanks.
Will make a not of it.
Thanks a lot.
GO IV GO
Recently I had some trouble updating my profile. The "Additional Information" section has a series of RFE-related (on I-485, I-140, EAD and AP) boxes, where one must enter a valid date in the specified format. Because I did not receive any RFE yet, I tried to get past this page by entering 00/00/0000 ("N/A" did not work), which did not work either, and finally I settled with my PD on all these RFE boxes (which is, of course, incorrect). So, maybe the powers-that-be can fix the problem, and, also remove these wrong entries from my profile?
Thanks.
more...
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dingox100
11-19 02:18 PM
My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question
Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.
No more questions and no more answers
Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.
No more questions and no more answers
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desi3933
06-23 12:38 PM
Port 2003 PD at the time of filing 2nd I-140, keep copies of old labor + 140 and new approved labor and a cover letter should specify that the beneficiary for both is the same ie YOU and you are not doing labor subsititution. I have been successful porting my pd from 03- the only difference was that my job classification was the same and salary for 2nd job was more
A
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
A
This is correct.
However, it does not matter if it is labor substitution (you can still do PD porting). Job Description changes do not matter.
The only requirement is the other I-140 must be approved and active
and it must belong to same beneficiary.
Not a legal advice.
more...
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japs19
07-17 07:54 PM
I have a unique situation and I would really appreciate if someone can answer.
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
My LC and 140 was approved (March 2006) for Company A when I was working there on H1. After retrogration I changed jobs (November 2006) and went to work for Company B. My lawyer said we can apply for AOS using the approved 140 from company A. I did send the application which reached there on July 2nd. Now, do I have to go and work for Company A (which actually is not an option any more)? Or I can keep working for Company B and if 180 days are passed since the filing/receipt date I will be safe to obtain the GC? Company B is ready to start a new process for GC but if I can use the previously approved 140 and get AOS/GC approved, I really would like to do that.
Please help...:confused:
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kishdam
02-06 03:28 PM
Hi,
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
What is legally considered as "Permanent Residency approval date" - is it the approval of I485/getting greencard or is it the approval of I140. Sometimes the I140 referred to as an immigrant petition. As we know the process is once this immigrant petition (I14) is approved we apply for adjustment of status as a permanent resident thru II485 - so legally - can we consider that until I485 is not approved, our permanent residence applicaiton is pending?
This is to interpret a reimburse agreement I signed (bad thing to do - but I was naive then and signed a very vague repayment statement). But somewhat good thing is the agreement talks about staying for 2 years "after" the permanent residence is approved. If things get bad - I am hoping that this language might save me. Any thoughts?
- kd
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willIWill
07-16 01:01 PM
Thanks for the suggestions Rockstart.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
Lease papers & Insurance sounds like a good idea along with joint tax return. They ask for a lot of things as supporting documents, but provide an itty.. bitty.. envelope to mail the same along with the RFE letter.
One thing that concerns me is that these documents support the marital status but I do not know why they say as stated in the instructions for I-485. This throws me off track, because for I-485 spouse we have to send another whole list of documents, such as finance docs, affidavit of support etc. I can send them as well, but I don't want the USCIS officer reviewing the RFE response to miscontrue it as I'm almost applying for a derivative I-485 for my spouse when my PD is not current.
lostinbeta
10-20 02:28 AM
Edwin used Painter and Photoshop to make that image.
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
I think the latest one is Painter 7.
I am sure you learned from other people too calaway:)
HumJumboHathuJumbo
01-02 03:51 PM
presuming 3500 visas for EB3 from india per year, given about 350,000 were filed recently and presuming about half of that were EB3 india, that means 175,000 are in front of you from India on EB3. so my pd of jan 2006 would become current in about 48 years and yours in about 50. now, others may speculate and extrapolate and say that it's likely to be within a decade based on past experience - i.e RoW not using up its quota and hence spilling over to India, but India EB2 itself is backed up pretty badly & it gets a first shot at it so after these geniuses go green, we get to use that. But again, thats just speculation - so nothing is certain except that it wont be no longer than 50 years based on current law, that too presuming the current law stays as is. lets hope iv succeeds in the backlog efforts in which case the wait would probably be around 3/4 years.
You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks
You seem to be knowledgeable. can you tell anything about EB3 October, 2003 Priority Date?. when will people with that PD be able to file I-485(someone i know missed this year). thanks
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