shanti
02-25 10:01 AM
Thank you Akred
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
So to put this clear... I have experience abroad matching the labor job profile of 4 years. Then I have experience in U.S. with employer A (no labor related only an H-1B) for 3 years. Then I worked one year with employer B and after that -in Feb 2005- Employer B applied for Labor. So my relevant experience that I could use to say the job is same or similar is my 4 ys abroad with similar job description plus the 3 years in US with company A so total 7 years.
When I joined company B (the labor sponsoring company) I already had 7 ys experience in other employer than B, so for same or similar I could use up to 7 ys experience requirement as long as the job description and title are almost the same (which they are)?.
I know this is an interesting question which many people probably have. I posted the question for the Conference call so that people which will be or are in the same situation could know for sure how to handle this isssue.
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tabletpc
08-27 09:16 AM
Thanks guys for response...
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
so basically in short....
I can aply for visitors visa an visit cananda while my PR is in proceess right..??
valatharv
07-16 01:28 PM
Thank you so much for support...
It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.
It has been 11 months since they have received response to RFE, I am planning to take info-pass at Boston office next week and would try to contact senator.
I have heard that it helps.
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swashbuckler
06-17 08:23 PM
Thanks to every one for considering my message and answering to the questions.
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
Today I have received a mail from our Immigration team saying that they are going to file my GC petition next month (July-2010) for Employment-3rd category (EB-3). But I have 17 years of education (in India, 10+2+3+2) plus 11 years of progressive experience. Am I not qualified for EB-2 category? When I asked the same to our Immigration team, they said, "You do not qualify for EB2 because you do not meet the minimum salary and educational requirements. USCIS does not accept a 3-year Bachelor + 2-year Master education combination to qualify for EB2". What does it mean? Please some one let me know what are the requirements to qualify for EB-2 category? Thank you again in advance.
Regards,
swashbuckler
more...
paragpujara
12-21 07:46 PM
Refer to USCIS guide lines regarding AC 21. Hope this helps.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
optimist578
11-19 09:56 AM
Hello All,
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
I just got my EAD approved and I am waiting for my AP. I want to go back to school full time to pursue more education. If I do so, what will happen to my immigration status?
Can I continue on my EAD? If yes, How?
If I transfer to F-1, what will happen to my PD, EAD and AP?
After completion of studies, can I utilize my PD or EAD?
Please advice!
I am also searching for directions to the university. But I don't think EAD would allow you to move to full-time student status. EAD is Employment Authorization Document and can be used only for employment, as far as I know. I will check with my lawyer too.
more...
bsbawa10
01-24 05:03 AM
Suggestions.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
Very nice suggestions. More participants needed please.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
Very nice suggestions. More participants needed please.
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Hinglish
03-03 11:35 AM
adjusted Gross Income:)
Shoot ... I knew I didnt get that right ... :p
Shoot ... I knew I didnt get that right ... :p
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Gravitation
12-17 07:39 PM
My Labor was rotting in BEC, and so I moved to another role, and will now have a PD of 2007 as a new labor will be filed, Rest of the world, EB-3......
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
I won't be that pessimistic about RoW. I'd say 1-3 years even if nothing passes.
Got any predictions?????
Mine are 1 year (if legislation goes through), to 12 years (if it does not.)
I won't be that pessimistic about RoW. I'd say 1-3 years even if nothing passes.
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Macaca
02-09 12:47 PM
(don't hate me, I'm English).
Please don't flame me, I am trying to be honest.
One of my Deans used to have this poster in his office : No Guts, No Glory!
Please don't flame me, I am trying to be honest.
One of my Deans used to have this poster in his office : No Guts, No Glory!
more...
asterix
02-23 09:50 AM
50,000 visas were recaptured for Schedule A occupations - nurses and physical therapists. That is why both India and Philippines got more numbers in FY 2006.
The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K
Schedule A - 6.7K
Am I missing something?
The # for 2006 excludes schedule A recapture for nurses etc. Here is the breakdown
EB1 - 3K
EB2 - 3.7k
EB3 - 3.1K
EB4 - 0.6K
EB5 - 0.02K
Total EB - 10.7K
Schedule A - 6.7K
Am I missing something?
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pappu
08-10 06:00 PM
PD was not current at that time. The person is annonymous and just wanted to create sensation. Do not post a fake post.
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vinabath
03-24 03:22 PM
LOL - Yeah, you better grow a beard, cross the border and move to Mexico. You have been identified as a bad boy in these parts! :cool:
You know what my beard already started growing.
You know what my beard already started growing.
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elanegeng
12-29 04:32 PM
I am in Bham...;)
more...
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bmoni
08-19 07:37 PM
I'm planning to travel to India next month. My passport expires in December 09 and my H1b stamp on the passport expires in July of 2010. Will there be any problem at the POE because of the short valid months left in the passport and H1B visa.
Thanks,
Thanks,
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snathan
05-29 09:17 PM
Get a good attorney to solve this issue as practically speaking, you were out of status from period of 2006-2008 as your Company A's Approval overrided your university H1.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.
USCIS is expecting that you submitted Company A's Approval for transfer instead of University's H1B Approval
This is not a legal advise. Please get in touch with a immigration attorney.
I dont think is correct and its misleading. I dont think one company's H1 approval will override other H1B.
more...
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gsc999
09-11 01:32 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--
Yes you are correct.
I have noticed fast I-140 processing during last four months, so there is truth to this statement. As always website updates usually lag. We should give USCIS credit where its due.
Good work USCIS, hopefully this same level of service will be available to other
steps of legal immigration in near future
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Karthikthiru
04-05 06:40 PM
http://www.businessweek.com/bwdaily/dnflash/content/apr2007/db20070405_778533.htm?chan=top+news_top+news+index
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tonyHK12
10-04 03:14 PM
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
Todays economictimes.indiatimes.com - Green card a tax liability
"Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
"Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "
Todays economictimes.indiatimes.com - Green card a tax liability
"Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
"Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "
kk_kk
02-25 02:34 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
makemygc
08-03 10:58 PM
Here is the link.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=68439c7755cb9010VgnVCM10000045f3d6a1RCR D&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1 RCRD
Thanks. I still don't see it. It's definitely my cache issue. I even tried firefox but still see the last update of 08/02/2007.
August, 2007
USCIS Urges H-2B Employers to Continue to Identify "Returning Workers" on Petitions for Fiscal Year (FY) 2008 Start Dates (46KB PDF)
08/02/2007
Fact Sheet: Naturalization Through Military Service (44KB PDF)
08/01/2007
Never mind...it must be something wierd in my machine.
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