bajrangbali
02-25 08:56 PM
Consult immigration lawyer and try to keep the time out of status to a minimum. Do not try to take chances, times are tough and everything is being looked through when it comes to immigration. Wish you luck friend!
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s416504
08-31 04:52 PM
Attorney..... please REPLY ....
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
Hi,
I looking for porting my approved EB3 labor and 140 to EB2. Here are my details:
My qualification: Diploma in electronics and communication Engg in India
(3 years diploma after 10th)
Years of experience: Since 1991 in IT (About 20 YRs)
Green card process: EB3 Approved labor and 140.
Situation: When I contacted one of the university in USA they informed me that I can
do the Masters instead of BS online degree.
My question1: Will I be eligible to file my EB2 if I do Masters without doing BS?
My question 2: Is MS from International Technological University (http://www.ITU.EDU) is accepted bu USCIS for Immigration purpose?
Thanks in advance
uma001
11-16 04:57 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..
Is your green card filed under EB2 or EB3?
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..
Is your green card filed under EB2 or EB3?
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prdgl
02-12 09:33 PM
Hi,
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
Will anybody know what kind of issues I will face if I go for EB2 with MS+0or Will it go through fine ? Want to know both for LC and I-140 stage.
Thanks
more...
Sakthisagar
04-22 09:43 AM
This is all election fever and fear, they could have easily passed or amend Legal immigration first before taking CIR. Legals are SCAPE GOATS in the hands of Hispanic Caucus.
Libra
07-10 09:52 PM
I think he is just kidding, he might want to see how people will react:D
great...if thats true.. mine goes to one service center and my wife's goes to another
great...if thats true.. mine goes to one service center and my wife's goes to another
more...
whoever
07-20 02:09 PM
actually we did not have marriage certificate after trying hard from india, so we got married only recently. i dont know what will happen because actually we filed tax together as couple for few years.
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PDOCT05
10-29 12:32 PM
Pls check the fees to be sent with new application, you might have to send the new fees. consult your lawyer
Thanks much for all your suggestions..i will inform lawyer about this.,
Thanks much for all your suggestions..i will inform lawyer about this.,
more...
dhirajs98
02-29 01:48 PM
Thanks guys for your replies. My employer has more than 100 consultants and I think it is a stable financially. I never had any problems in my salary. I was paid on time always.
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
So you mean after appeal they can approve my I140?
I do not know my PD. But my labor was filed sometime in Dec 2006.
Chantu,
I had this issue with my labor not with I140. My employer provided all the required documents and then it was approved. As long as your company is financialy sound . you should get approved.
BTW, when did you file your I-140?
EB2 or EB3?
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gcbikari
07-14 02:37 PM
I would say avoid London totally unless you have to collect any euro lottery money enroute to India. Just kidding. Why travel thru the counties that have so many restrictions?
If you are travelling via London and there is no valid visa on your passport then you need DATV ( Direct airside transit visa ) , it will cost you 83 USD , you can get more info from the below URL.
Transit (INF 20) (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf20transit)
https://www.visainfoservices.com/Pages/Welcome.aspx
If you are travelling via London and there is no valid visa on your passport then you need DATV ( Direct airside transit visa ) , it will cost you 83 USD , you can get more info from the below URL.
Transit (INF 20) (http://www.ukvisas.gov.uk/en/howtoapply/infs/inf20transit)
https://www.visainfoservices.com/Pages/Welcome.aspx
more...
sukhmeet
05-11 02:08 AM
Hi,
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
My first 3 years h1b period started in oct 2006 but i got my h1b stamped in Jan 2007 (due to delay in getting dates at chennai consulate and a 221g), i entered country in Feb 2007.
Since then I am working with a small size consulting company but it is not a typical consulting company where people do sub contracting, i am full time employee so instead of getting hourly salaries we get full time salary (bi-weekly). My employer is a partner to one of the top known IT organization (in Top 5 in US). The business model works this way that the top known IT company (product company) makes products and our company (being partner) provide service solutions.
So generally speaking our projects depend upon how and when top known IT company client's gives small assignments to us to come and do work on-site, we get projects from 5 days on-site to 6 months and it is not known to us in advance, but yes we are payed always whether we are on-site doing a project or in office doing more research or learning things, so in summary my company is consulting but consulting to a specific product company's clients.
So in Summary
Client's of Top known (product Company), gives projects to top known company and the top known company passes it to our company (some time they do it internally too).
Here are some of the benefits my company provides to its employees:
1. Bi-weekly salary (we are payed always, no matter we are on client site or not)
2. Employer contribution to 401 K.
3. Payed Vacations, sick and personal leaves
4. Medical and Dental Insurance Contributions (Major chunk payed by employer)
5. Tutions and certification reimbursements.
We just have strength of around 18-20 people currently half of them are US citizens and rest half are skilled h1b. My Employer is in business from last 15 years with less than 10 Million in revenue.
My concerns:
My first three years of h1b is getting expired on 30 Sept 2009, my employer have to file my h1b extension:
a. Filing h1b extensionfor first time is a problem? can there be concerns?
b. Looking at lot of posts at various immigration sites, i have watched a common trend that uscis is asking for client letter, project details etc for next three years tenure.....now in our case as i had explained we are not always sure what is coming our way and duration can be very short or very long but definitely we have assignments, so in this case if they come back to us asking for client letter or project details what should we be doing?
c. If i get in worst situation where if i file my extension now and doesn't get approval by sept 2009, then after that if i get an RFE or something....can i file my h1b transfer with some other organization (after i-94 expires), or i can't file for h1b transfer after i-94 expires? please note: My employer will file regular h1b extension only and not premium
h1b extension.
d. Shall we file for my extension asap ?
I really don't have any problem with my employer and really wants to stick with them since they are genuine consulting company who provides all benefits a good employer too.
Any comments would be greatly appreciated.
Regards.
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chanduv23
07-31 05:33 PM
I personally think, contacting lawyer for tracking number is not breach of contract.
Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...
Then send some pleasant emails to lawyer office, call them. Copy your HR also.
Try your HR first, give some time. Then sseend a decent reminder - tell them how important it is say ur wife has to travel etc...
Then send some pleasant emails to lawyer office, call them. Copy your HR also.
more...
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ameryki
04-13 08:44 PM
saloni,
something this big will effect your status. Once you form an LLC or something on those lines using your EAD it is my understanding that you will lose your H1 status. This is just from what I have understood from reading around here. You might want to consult a lawyer. Also you might look at posting this in a different section.
something this big will effect your status. Once you form an LLC or something on those lines using your EAD it is my understanding that you will lose your H1 status. This is just from what I have understood from reading around here. You might want to consult a lawyer. Also you might look at posting this in a different section.
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abhi_jais
12-03 11:35 PM
I don't think consulate ask details of all employees if size is 5k or more. Further more you can tell officer that it is impossible to get wage details of all employee. I hear some time some desi companies gives w2 of all employees etc.. would consular officer show his/her w2 ? but since our desi companies feeding what they need , they ask what ever...
In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.
Let's see hoping for the best.
In this case they did ask for the details of all the employees of the company, probably they want to make sure that the employer has hired some US citizens as well. The company size is about 500-1000 employees. Since they have asked for the employee detail the employer has to provide that information otherwise the employee would not be able to get the visa stamped.
Let's see hoping for the best.
more...
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lermitthefrog
06-07 03:06 PM
TGG Team is a team that makes games. It stands for "that game guy", which is the nickname of the team leader. It has only started a few weeks ago. So far the team is just a forum, working on a story. I hope you will join the site later on.
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srikondoji
04-28 04:09 PM
I would pass this info to my employer and lawyer.
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
As of now my employer is bearing 45% of the costs and promised to cover the other 55% later.
Thanks
more...
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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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tinuverma
10-23 07:37 PM
yeah.....Tuscon...sorry
I live in OKC...so Tulsa comes by default.
I live in OKC...so Tulsa comes by default.
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Ann Ruben
04-22 10:55 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
gcformeornot
02-01 08:55 AM
Hi,
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
I came to US on h1b in 2007.
I got my labor substituted in 2007 in EB3. My priority date is December 2004.
I got my 140 approved in january 2008. Its been 2 yrs since.
I dont have EAD.
I dont know when the date will be current. But the problem is,
My client wants me to join their company. Can I leave my current company and still maintain my priority date. Do h1b companies normally cancel the i140 if employees leave.
if i join the new company I am planning to start GC in EB2 again. Is it wise to do so. Can I port my Priority date. Or should I stick onto my existing employer.
How much time its taking now a days to get the Labor and 140 in EB2.
ANy help and advice in this regards will be very much appreciated
ak
so you came to US in 2007 and u substituted labor with PD 2004. how much did you pay for this?
rajuseattle
08-14 12:41 PM
smartboy75,
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
We are in similar situation only difference in our case it the RFE is for me and we have our FP appointment scheduled on Aug 22nd 2008.
My attorney adviced us to bring in RFE letter with us and during FP appointment get it filed in by the Immigration officer who takes FP.
Our attorney also suggested me to send FP appoitnment notification letter for my wife alongwith my RFE, so USCIS idiots know that this couple already done with their FP.
This is ridiculous, e-file applicants have to go thro' this process of unnecessary RFE and delaying the process. Luckily for me my current EAD expires in Oct 2008, so we still have some time, but tink about the folks for whom the EAD is about to expire and USCIS delaying the process.
I recommend stornly to go for Paper filed EAD renewals. Onoine EAD is convenient, but then you have to go thro' the hasle of FP schedule and the RFEs.
rajuseattle.
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