sForever
09-22 04:21 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
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BharatPremi
09-29 09:17 PM
somewhere in the forum someone was mentioning that PD are no more considered after 485 is filed since u file 485 based on PDs...
It is a part truthful. For easy explanation, I would say PD does not matter
for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.
It is a part truthful. For easy explanation, I would say PD does not matter
for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.
mrdelhiite
06-13 02:48 PM
i thought there was something extra... that you have to be in 485 pending for atleast one year .. if you are a july filer 1 year gona be completed in the begining of july ...
-M
-M
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donya
08-14 12:52 AM
Dear all,
I have a Q regarding the follow-to-join rule. Say one has filed I-140 and I-485 recently (concurrently filing). To use the follow-to-join rule, can the spouse file I-485 at any time after the primary applicant's I-140 is approved but before I-485 is approved? In that case, will the spouse's I-485 be approved around the same time as the primary applicant?
A related Q, will a Visa number be immediately available after one's I-140 is approved?
Thanks a lot!
-donya
I have a Q regarding the follow-to-join rule. Say one has filed I-140 and I-485 recently (concurrently filing). To use the follow-to-join rule, can the spouse file I-485 at any time after the primary applicant's I-140 is approved but before I-485 is approved? In that case, will the spouse's I-485 be approved around the same time as the primary applicant?
A related Q, will a Visa number be immediately available after one's I-140 is approved?
Thanks a lot!
-donya
more...
loku
10-02 12:57 AM
I been working on H1-B for sometime. My project ended 3 months ago and I had been unpaid since then. My H1-B expired on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. Cmpany replied to the RFE. The status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and the transfer application got approved with starting date of September 24. I haven't got my new approved I-797 yet.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
I joined the new company on Sep 29 but haven't notified her old employer yet and hence they didn't withdraw my application. My immigration is underway and I have got an approved I-140 from my previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to my old employer if my visa extension is approved so that I don't have to refile for Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer as the H1-ext will be the last decision by USCIS ? Where should I report for work. Can I chose among these two employers who I want to work for?
2) If my visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get my visa stamped ?
What is my best course of action.
Any help will be really appreciated.
PDOCT05
10-16 01:16 PM
How old is he? Are you sure you filled out every item?
He is 3 years old and we verified every thing...lawyer also verified.
He is 3 years old and we verified every thing...lawyer also verified.
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langagadu
08-19 11:20 PM
That message from him is close to 2 years old.
Hey vldrao
We are meeting for last couple of weeks as part of the State Chapter. Are you currently member of our State Chapter? If not send me a request to the State Chapter link on my signature.
Hey vldrao
We are meeting for last couple of weeks as part of the State Chapter. Are you currently member of our State Chapter? If not send me a request to the State Chapter link on my signature.
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itsokgc
01-27 09:31 PM
I recvd a letter from USCIS stating that my EAD which was mailed earlier was returned and they are going to resend it again.
more...
kadarm
01-10 10:01 AM
Thanks a lot. I will check my attorney.
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jatinr
06-19 12:27 AM
I live in GA. My 485 was filed at NSC and was receipted at CSC and transferred back to NSC.
As per the filing instructions, I will have to file EAD at Texas Service Center.
But some folks told me to file at the location where I-485 is pending.
I have the following questions
a> Where should I file my EAD renewal
b> Is it true, paper based EAD renewal does not require finger printing
As per the filing instructions, I will have to file EAD at Texas Service Center.
But some folks told me to file at the location where I-485 is pending.
I have the following questions
a> Where should I file my EAD renewal
b> Is it true, paper based EAD renewal does not require finger printing
more...
waiting4gc02
04-08 11:39 AM
Guys:
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
Just wanted to find out if you were aware if it makes any difference as to where you get your receipt from-- with respect to making an appointment(location).
What I mean is, would it be OK to get receipt from a HDFC branch in Mumbai, if you were going to make an appointment with New Delhi Embassy ?
Any experiences..?
Thanks
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jonty_11
12-04 02:06 PM
INteresting news on Times
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
Should we contact her for GC backlogs also....IV core can comment!!
http://infotech.indiatimes.com/News/H1-B_visas_A_booster_coming/articleshow/3791756.cms
Should we contact her for GC backlogs also....IV core can comment!!
more...
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achu
09-26 02:52 PM
Technically, you can do that. But it's better for you to transer your case to consular processing if you are not planning to be in the US for a couple years.
I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.
I forget to mention that it is for my wife. she is my dependent with EAD and AP. i know if she have green card she have to stay 6 months in usa. it that applies to EAD and AP also.
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arunkotte
02-26 01:58 PM
Discussion about Skil Bill
http://www.cnbc.com/id/15840232?video=182664970#
Here is the article about Skill shortage
http://www.cnbc.com/id/17188440
http://www.cnbc.com/id/15840232?video=182664970#
Here is the article about Skill shortage
http://www.cnbc.com/id/17188440
more...
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visitor
12-21 12:39 PM
Sorry if I am posting this in the wrong place, wasn't exactly sure where to post.
I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen
My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?
Thank You
I applied for my Certifcate of Citizenship through my US citizen father about 5 years ago, and due to that US citizen father being an ass I still don't have it.
I have decided to just go back to England. I am happy about going back now and this post isn't about finding other ways of getting my citizenship.
When I originally came to the US I intended just to visit so I came on the Visa Waiver Program, and then decided to stay and become a citizen
My query is: When I leave to go back home will I be able to leave the US with just my passport(recently renewed) and ticket? or will I have to contact the USCIS and get some kind of letter or the like?
Thank You
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redford
12-03 10:38 AM
???
more...
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Nil
04-12 07:31 PM
i did not receive any correspondence for my I140 as well as for my labor.
My company provided me with a copy of my approved I140 (scanned) but refused to share any info on the approved labor.
My company provided me with a copy of my approved I140 (scanned) but refused to share any info on the approved labor.
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lazycis
01-23 10:05 PM
Does anybody have idea or experience how long it takes for USCIS to make desicion about I-485 expedition (pending for 2.8 years now)?
My hospital sent expedition request to TSC about 3 months ago, there is no replay yet.
I'll appreciate any advice/information.
It takes forever unless you file a lawsuit.
http://en.wikibooks.org/wiki/FBI_name_check
My hospital sent expedition request to TSC about 3 months ago, there is no replay yet.
I'll appreciate any advice/information.
It takes forever unless you file a lawsuit.
http://en.wikibooks.org/wiki/FBI_name_check
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vedicman
07-09 01:25 PM
These costs are unavoidable. Just make sure that you go the uscis designated civil surgeon.
Call all of them that are close to you and ask the price.......
Call all of them that are close to you and ask the price.......
a_tyagi26
01-14 11:39 AM
I think it will not be under new quota. She can use same number.
This is just my understanding, do consult attorney for accurate information.
This is just my understanding, do consult attorney for accurate information.
kuppas
04-11 05:39 PM
Both I94, one you got at POE and another you got from H1 approval notice has same number. I94 attached with the H1 approval notice has expiration date and you can use it until it expires. I assume, both are valid since both has the same number except the expiration date.
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