immi_enthu
01-12 02:04 AM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
wallpaper Halle Berry on the Red Carpet
pvadduri
01-25 11:17 AM
I am one of the unfortunate few who could not cash in on the July/Aug 2007 opportunity to file I-485 due to my Law Firm's mistake. Here are the details of my case:
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
- My labor was approved June 28 2007 (EB3, Traditional, Priority date March 2005)
- I-140/I-485/EAD/AP were all filed concurrently on Aug 7, 2007 (before the Aug 17th deadline)
- My Lawfirm missed the signature on the check for the I-140 application, resulting in everything being returned
- By the time the package came back, signatures were corrected and sent back , it was well after Aug 17th.
- CIS accepted the I-140 application but rejected my I-485/EAD/AP saying that there are no Visa numbers available since it was after Aug 17th.
- My Lawfirm refiled with covering letter explaining the issue,using the Fedex receipts from the original Aug 7th filing etc..but the CIS has not accepted it.
- My Employer tried a Congressional inquiry with the CIS explaining my specific case - but that came back with same response: No visa number avialability
My Lawfirm and Employer are saying - Sorry - nothing else can be done now...
I am the one suffering because of my Law firm's mistake. Is there anything else that I can do to come out of this distress?. I would very much appreciate any inputs from people who have knowledge of similar scenarios!
ajay_hyd
05-01 08:04 AM
I talked to an attorney and they said its best to file for AC21. i want to file it but am not sure if i should take attorneys help (and pay them) in filing this or just work with the new employer to do it.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
what happens if we don;t file and they later change rules around this, we never know.
Thanks.
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willgetgc2005
09-14 07:13 PM
Hi,
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
My EB2 labor PD 12/2002 is in Philadelphai backlog center. With the online backlog case status now available, I wanted to find out about my case.
However, lawyer is not giving my case number. Is there any way to find out. Gurus please help with suggestions.
Thanks
more...
FredG
April 7th, 2004, 06:33 PM
Looks like a tough little guy to capture. The way things are lined up, I think you could successfully clone out the branches in front of him. I'd leave the others. Any more sharpening would over-sharpen thetail. Although you could copy the layer, apply more sharpening to the layer, then mask out everything except the parts of the head you'd like to change.
Fred
Fred
sashram97
09-15 03:21 PM
Hi,
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
I-485 filed in july 2007. I-140 cleared in 2005.
We filed for GC in 2003 (eb3) in spite of my husband having two advanced degrees (M.Tech and Ph.d) but he is not working in the same field of ph.d. His company randomly filed in eb3 for all the employees.
But now my husband is diagnosed with chronic disease. We are thinking if we switch to eb2 since he is eligible to do that, atleast he would get some medical benefits for the treatment.
How do we proceed with this? Do we have to file labor again?
Any suggestions would be really appreciated.
more...
gcnirvana
05-03 05:46 PM
All,
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!
I am a little confused. I just got my H1B extension done recently and my attorney sent me a letter saying that if I go out of the country for stamping I need to make sure my Passport is valid beyond the H1B period.
My passport expires in May 2008 and my current H1 is valid till July 2010. Does anyone see any issues in going for stamping in India in July 2007 with my current passport and later on some time next year applying for a new Indian passport.
Appreciate your help
Your passport should be valid atleast 6 months from the date of stamping. So I think you should be okay. Also, its better to apply for a new passport 6 months before your old one expires. And once you get your new passport you'll have to carry both your new and the old ones as your old one will have the stamping till July 2010. Hope this helps!
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3d Nirvana
06-06 12:26 AM
here's 3 more, it said i had too many images in my post.
http://www.3dnirvana.com/ForumPics/Stamps/25.jpghttp://www.3dnirvana.com/ForumPics/Stamps/26.jpghttp://www.3dnirvana.com/ForumPics/Stamps/27.jpg
http://www.3dnirvana.com/ForumPics/Stamps/25.jpghttp://www.3dnirvana.com/ForumPics/Stamps/26.jpghttp://www.3dnirvana.com/ForumPics/Stamps/27.jpg
more...
sdrblr
11-30 03:45 PM
You can try but they recommend going to your own country for stamping if there is a change in status (H1 to F1 or vice versa). If you to Mexico, please have a plan B.
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ruchigup
08-15 01:34 PM
>Bump<
more...
Nil
03-25 09:31 AM
Dude,
AC360 is Andersen Cooper 360
Thanks buddy. i was referring to other programs that have been discussing the same. The point is: The issue is gaining visibility.
AC360 is Andersen Cooper 360
Thanks buddy. i was referring to other programs that have been discussing the same. The point is: The issue is gaining visibility.
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illinois_alum
11-01 02:59 PM
Hi, I wanted to know if it is possible for me to maintain my H1 status (and my wife's H4) status while re-entering the US using I-131 Advance Parole document without a valid H1 visa stamp in my passport.
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
Here's my situation: -
1. I have been on H1 status for the past 6+ years.
2. My current employer filed for an H1 renewal/extension petition for years 7-9 which has been approved and we have the approval notice.
3. My wife's H4 renewal petition has also been approved.
4. We both have filed for I-485 Adjustment of Status which is pending with USCIS due to retrogression.
5. Our H1 & H4 visa stamps in the passport expired in September of 2009.
6. We are planning to leave the US for about a month in Nov-Dec and do have valid I-131 documents for purposes of re-entering.
At the port of entry, can we show our H1/H4 approval notices to the IO and request that he stamp our new I-94s for a H1/H4 status?
Thanks
more...
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milind70
09-27 08:01 AM
Hi,
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
I have applied for I-140,I-485 and I-765 on 16th of Aug'07,dint get the receipt yet. I would be leaving to India this month and would return only in Feb'08.
My major concerns are:
1. once I get the notice for FingerPrints, can I reschedule it to Feb'08.
Is it advisable.
OR
2. Do I have an option of getting my FingerPrint done at any consulate in India.
Any help would be appreciated.
Thanks
Option 1
I am not sure that you would be allowed to do finger printing at American consulate in India.
tattoo Halle Berry
eb3_nepa
06-14 02:38 PM
What happens after the I-485?
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
I guess I-486:D
Funny. :)
But lets be serious about this guys. Maybe we can be proactive about some stuff here. Most of us got caught unawares with retrogression. I am sure we dont want to make the same mistake this time around.
more...
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raysaikat
12-05 06:02 PM
Hi Everybody,
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
I am an Indian and I have been living in USA for more than one year.Right now I am on F2 visa(dependent of F1 visa holder). Recently I got my I-20 and Now I will have to get F1 visa in order to register for classes. I don't have enough time to get my status changed from USA.Please can somebody tell me what will be the procedure of getting visa from Mexico or Canada? And how long this procedure takes ?
Please somebody guide me ...I am really in hurry..
It will be very risky and very likely your visa will be denied (and you will not be able to reenter US), especially because it is the first visa and not an extension. F-1 applicant's must overcome presupposition of immigration intent, especially the first time. In your case (applying from Canada/mexico; spouse already in US), you will have a hard time to convince the IO that you do not intend to immigrate to US.
Note that H1-B does not have that problem: it is a dual intent visa.
I do have a friend who successfully got his F-1 extended from London. But he was a late stage Ph.D. student from a very well known school, fully funded by assistantship, working on a very hot topic and single.
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jkvaisnavi
04-02 11:21 AM
Hope this helps!
USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.
USCIS - Emergency Travel (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5436f0cb861c5210VgnVCM100000082ca60aRCR D&vgnextchannel=4c790a5659083210VgnVCM100000082ca60a RCRD)
Emergency Advance Parole Documents
If you are experiencing an extremely urgent situation, you may visit your local office to request an emergency advance parole document. When visiting a local office to request emergency advance parole, you should bring the following items:
A completed and signed Form I-131, Application for Travel Document
The correct I-131 filing fee
Evidence to support the emergency request (e.g. medical documentation, death certificate)
Two passport-style photos.
more...
makeup ~The 2011 Golden Globes Red
wellwishergc
02-27 12:51 PM
I think these bills are too complicated and have possibilities of failing on the house floor, even if they pass through the senate..
My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.
I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.
My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails
Just thinking out loud here.
My question to the group is: Does it make sense for us to lobby for changes to existing laws as 'amendments/enhancements' (do not know the exact term), which need not go through this full-blown congressional approval process.. Another issue that we are facing with the bills such as immig. comprehensive bill is that we get tagged together with illegal immig., so it becomes all the more probable to get rejected. I am just being realistic and urging the IV team to add one more action item to the agenda and see if we can put some efforts towards this additional agenda.
I think, in addition to supporting the bills, we should look at this additional possibility. Something like allowing I-485 even though the number is not available, just requires an amendment to the existing law. It does not require additional quota, so there is no major impact to immigration law as a whole. So, we may not need to wait for a bill to clear, in order for such reliefs to be approved.
My take is: we should strive for 3-pronged approach - 1) near short term approach is to ask for immediate relief such as I-485 filing without the visa number availability; there may be other such reliefs possible - 2) short term approach is to support the current bills being considerd, as we are doing already - 3) long term approach is to think of what is the backup plan in case 1 and 2 fails
Just thinking out loud here.
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kumaabh
01-12 06:35 PM
Gurus,
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
Please advice. THis is urgent. Here is my situation.
I worked for a very big technology company. My PERM is approved EB2 PD 03/07, I-140 approved, 485 pending since July2007. I have an EAD card that is valid until 07/2010. It was my company's policy to renew H1B even if I have an EAD card. An extension was applied in September 2008 for my H1B that expired on November 30,2008. Unfortunately, USCIS denied it in error because they said the filing fee was not correct. This was done in error by USCIS and the attorney hired by my company replied to me on December 30h saying that it will be corrected by them. Now on January 08th, 2009 after the H1B denial, my company informed me that i was being laid off with severence pay until April of 2009. Also, the HR person told me that they wont revoke I-140.
What are my options now?
Can i transfer H1B to a new company as i dont want to use my EAD and continue on H1B. If yes, how much time do i have?
Please please help. I am very tensed.
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gcturbulance
06-22 10:41 AM
Hi Experts/Lawyers,
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
Hope someone can shed some light on this case, anyone who is/has experienced this situation.Thanks in advance for any help or suggestions.
My previous company (9yrs), they filed for my GC.
Labor approved and they did a concurrent filing in august 2007.
After a year I lost my job, no choice, had to quit, tired to hang in there for I-140 approval but, they had one lay off and I was safe and another layoff soon after I left the company.
After a month or so they withdrew my I-140 petition and it was not approved.I didn't get any notice, but came to know when I got my I-485 denial notcie.
I found a new job out of state, working remote.Filed for I-485 and I-140 MTR/appeal with the help of new attorneys.They claimed since the concurrent filing was past 180 days and if I-140 was approvable they should approve it and allow me to port to the new company.
Meanwhile I got H1B extension with the new company.
The MTR/Appeal Got denied and the notice didn't mention anywhere that my petition was unapprovable, but since it was withdrawn, it's denied and we did show the proof of new job and job offer and pay stubs in the same/similar position and responsibility.
We tired two more appeals, I tried Congressional office, everything failed. Now the attorneys suggest that I go for Writ of Mandamus, and I' am going for that now.
Meanwhile my H1B with the new company is valid till sept of this year.I do not have new perm pending or new GC process, but will still have the job offer for AC21.
Also my spouse is a GC holder, will be eligible to file for citizenship in 2011.
I have to stay legal till that happens or I hear from the lawsuit.Can't extend H1B since GC process is not pending now (this was my 9th year extension).
What are my options? Is it safe to try and see if I can change my status to F1 and go to school here till my spouse gets the citizenship? I have a I-130 pending through that way.So my immigrant intend is clear.Help please.
mdcowboy
02-23 06:15 PM
Hi, My mother lives in Haiti, i was not able to file a petition for her before the earthquake happened. Now with all of that going on, i need to know how to file and get her quicker to the us? Any response will be greatly appreciated, thank you
I don't know the solution to your problem but I was listening to NPR the other day and they were talking about unknown organizations just trying to catch unawares by getting money up to $4K in promise of filing paperwork to get their family from Haiti to the US.
What ever you do, please use caution and common sense.
I don't know the solution to your problem but I was listening to NPR the other day and they were talking about unknown organizations just trying to catch unawares by getting money up to $4K in promise of filing paperwork to get their family from Haiti to the US.
What ever you do, please use caution and common sense.
ramaonline
11-24 03:04 AM
kghoshal:
u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
employee / emplr name
state of filing and eb category
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us
This link has details
http://immigrationportal.com/showthread.php?t=182326
u don't need lc copy - ur attny can request screenshot from dol by emailing the respective BEC u need:
employee / emplr name
state of filing and eb category
Dallas: h1b7yr@dal.dflc.us
Philly: h1b7yr@phi.dflc.us
This link has details
http://immigrationportal.com/showthread.php?t=182326
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