jonty_11
05-22 03:03 PM
All this while we legal folks have been renewing our H1B's with overlapping time intervals so taht there is no Gaps....now that sounds like a stupid thing to have done....
we should have left gaps in our H1 Transfers ...just so we could be illegal
we should have left gaps in our H1 Transfers ...just so we could be illegal
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RDB
01-04 12:41 AM
I don't think PMP is useful in promotions......it may be helpful in getting a new job though.....but then you are limited in your career..........PMP doesn't help you moving upwards.....!
My 2 cents!
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
My 2 cents!
Does PMP offer any advantages in terms of promotions or getting a new job? Please share your experience.
enggr
09-26 02:37 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
2011 Johnny Depp in Pirates of the
number30
11-03 01:05 PM
Hi Shirdibaba,
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
This is my guess.
Since Visa number is not available USCIS is using the term "Inadmissible at this time" That means simply not approvable because PD is not current.
When we got our green cards they use to stamp the passport with seal "Admitted on "
Can you copy and paste the exact letter, i mean to ask the exact letter means does it contain any agent id.
1. Did you opened any SR in TSC around 10/14 or 10/15, We have a group of people who had the same problem in TSC during those days. all the letters replied by the same agent.
2. Find out from attorney if he charges any fee for this. If so please don't go with him.
take an info pass and find out the details.
This is the best way to find out. (As i told you the group of people got the same response, most of them took info pass and found that nothing wrong in their case)
Nothing to worry, most of the cases it might be a mistake by the agent. or in some cases it is pending for minor verification.
This is my guess.
Since Visa number is not available USCIS is using the term "Inadmissible at this time" That means simply not approvable because PD is not current.
When we got our green cards they use to stamp the passport with seal "Admitted on "
more...
black_logs
02-20 08:39 PM
Mercies.... if your answer is still not answered than please call QGA and find out about us. Before spending so much time writing this post if you had gone to the resources, you would have got some questions answered.
dummgelauft
08-03 07:59 AM
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.
And one way to try to manage this is by country limits.
per country limits or not, there will always be a hihgher number of Indians and Chinese just due to the massive backlogs. BTW, there are about 12 million Hispanic people, so called un documented people, just wait til they get legalised. you arguement will holdcabiut as much water as tea strainer.
more...
raysaikat
04-10 10:11 AM
Lol, they can.....and they'll charge like $200/hr for everything w/o H-1s willing to be relocated at moments notice.....the industry can't afford to pay someone higher just because they are 'American' if it is not profitable for them......leads back to the original point....
And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?
From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.
And thus you are supporting the point made by anti-H1-B lobby that H1-B visas are being used for depressing wages. And secondly, what makes you think that an "american" will charge outrageously more compared to someone equally competent on H1-B?
From a legislative point of view, a good law should have a good underlying policy designed to serve "most" (if not all), but it also must be easy to enforce. H1-B law already has "legal" safeguards like the employee must always be paid (even if there is no project to work on), employee must not pay for the H1-B fees, etc. These stipulations are blatantly violated by software consultancies in general, and they do it because it has been proved to be very hard to catch (poor employees will say nothing in the fear of losing their job and worse, having to go back home). Thus the law is clearly not enforceable with the means available to DOL, USCIS or DOS. No doubt, there are very competent, high paid consultants on H1-B. If they were 90% of the people, we wouldn't be having this conversation. The situation in all likelihood is reversed (only a small percentage of consultants on H1-B are really competent and highly paid). Removing the privilege of H1-B from consultancies will remedy a lot of real and perception problems of H1-B at one go.
2010 Keira Knightley and Johnny
anilsal
11-16 10:48 PM
I am planning to move India permanently this year end,
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
Krishna, Can you say "not live *here* anymore" and not "live anymore"?
There is the thread on 401K which is quite useful.
Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:
Have you looked at Canada? Anyway, Home is the best!
What is the procedure to file Tax from India? Please give your suggestion as I do not want to live any more. Please give your valueable input. I do not know how to start new thread in this forum.
Krishna, Can you say "not live *here* anymore" and not "live anymore"?
There is the thread on 401K which is quite useful.
Understand the frustration. There is no FIFO concept in immigration in the US. If you have been here for 8 years,10 years or 15 years, u may not have got a GC but chances are that there are large number of immigrants with less than a year in the US, close to getting GC. Nothing is fair in love,war and GC. :cool:
Have you looked at Canada? Anyway, Home is the best!
more...
walking_dude
11-21 12:14 PM
I don't know how many of you have actually visited DC offices and spoken to Congressional Office staff in person (not just sending E-mails or letters). I have been there, and done that. And I intend to continue to do that for myself, my family and the community..
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
Let me tell you this, if there is anything related to immigration - whether Visa recapture or increase in numbers - it will be with CIR. There was a slim chance for piecemeal legislation in the 110th Congress. There is almost none in the current Democrat-dominated Congress. This is the political reality we have to live with.
The question I was asked by the Congressional staff repeatedly was - 'If so many thousands are impacted, why are we seeing just 4-5 coming to DC asking for help? Why aren't we hearing about from our constituents? Why is it always 'the outsiders' approaching us? Why aren't they visiting us? Why aren't they writing letters to us?'. So many questions with no answers!
Fact of the matter is our community cannot get what it wants unless we willing to pull our butts off the couch and do the dirty groundwork. Just the 50 or so of us dedicated IV leaders cannot work miracles.
We don't have any magic spells or potions in our pockets. We need your help to succeed.
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saggi13
02-17 10:17 PM
to be honest with you, i dont know what USCIS is doing...
i am hoping that they are processing the case, but i am in the same boat as any one else on this thread.
i am hoping that they are processing the case, but i am in the same boat as any one else on this thread.
more...
H1Girl
12-01 07:53 PM
Here is the link:
..
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required?
...
Probably the IO might have thought that the traditional way of getting Masters Degree [in USA] is "10+2+4+Masters"...I may be wrong...
..
Why the heck is USCIS bothered about your bachelors when your Labor clearly says Masters required?
...
Probably the IO might have thought that the traditional way of getting Masters Degree [in USA] is "10+2+4+Masters"...I may be wrong...
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god_bless_you
04-01 04:08 PM
I could not able to do web fax., forums are recognising my user id and password and when I enter my user id and password at
http://www.immigrationvoice.org/index.php getting invalid user id and password.,
some times when I click on Home link I am getting _LOGIN_BLOCKED alert message few days back I sent a message to web master to this but not received any reply back!!
http://www.immigrationvoice.org/index.php getting invalid user id and password.,
some times when I click on Home link I am getting _LOGIN_BLOCKED alert message few days back I sent a message to web master to this but not received any reply back!!
more...
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dummgelauft
01-25 11:37 AM
Great news. What will be greater is that not only these "students", but the people who employ them, the people who run the "university", the ones who gave accreditation to this "university" should be all loaded in a ship and dropped-off on a hitherto uninhabited island in the south pacific, with a live stream of their life made available post drop-off.
They can all happily screw each other on the island.
BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.
** Just saw that TVU is a "faith based" (a certain faith) university, no suprise that right wing talk show jac@$$e$ have not latched on to this.
They can all happily screw each other on the island.
BTW, let one of the right wing radio shows get a hold of this news, we will not hear the end of this. The next logical step will be Steve King professing an end to F1 visas.
** Just saw that TVU is a "faith based" (a certain faith) university, no suprise that right wing talk show jac@$$e$ have not latched on to this.
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mariusp
04-01 07:03 PM
Sent mine right now to senators of FL.
more...
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senthil1
06-19 04:33 PM
Do not care about the money now. Give 5k and file thro company. If you need any help from company for RFE or any other issue after filing gc then company will help for you. Because you are working for hourly paying 2 or 3k more than normal should be ok. Some of lawyers are charging more compared to normal
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
I guess most of the folks here are busy preparing to apply for 485. I have different problem here.
My employer's attorney is charging me outrageous fees of around $5000 to
apply for 485, AP and EAD for me and my spouse. This excludes USCIS fees. I work on hourly basis, so I should be taking care of immigration fees. My employer is not allowing me to file through another law firm.
Do I have any other options. How much do they charge usually.
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mhathi
07-17 10:33 AM
FBI background check delay is the only reason why visa numbers are wasted every year. Pending I485 cannot be adjudicated and allocated visa numbers due to pending security checks. At the same time these pending I485s also don't let the visa bulletin dates move forward fast enough. Just wait and see how this problem is going to get worse in the coming years.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
Retrogression is a serious problem right now due to quotas and country quotas. But backlogged FBI checks will make it worse for thousands of people.
I agree with everybody on this thread. I agree this solution ( if any) will be a band aid. I also agree the band-aid is needed to prevent the wound from becoming fetid. I agree this may exacerbate problems.
For all these reasons, it is imperative we do not stop after this anouncement. Our long term goal has to be retrogression relief in one form or the other, including all or some of recapture of unused visas, increase in annual quota, resolution of the FBI name chack black hole, and more that able persons in IV can doubtless think of better than yours truly.
I, for one, am going to be a member of IV long after this anouncement.
more...
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gc_on_demand
05-19 10:16 AM
Please submit ur answer at this thread.
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
http://immigrationvoice.org/forum/showthread.php?p=342110#post342110
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gondalguru
06-27 07:56 PM
It is so easy
Take a good picture in good lighting with regular digital camera
Crop the picture to square size as needed
Open it in photoshop -- make picture package - select 2x2 of 20 pics -- and save it.
Again crop it with the ratio or 4x6 selecting six pictures.
Now u have a picture which is 4x6 in size with total of six 2x2 pp size pics in it.
go to walmart - at kiosk print it... for 24 cents per copy
6 cents per picture
and again pics are of your liking ..
in between you can edit to remove shadows easily
enjoy
Take a good picture in good lighting with regular digital camera
Crop the picture to square size as needed
Open it in photoshop -- make picture package - select 2x2 of 20 pics -- and save it.
Again crop it with the ratio or 4x6 selecting six pictures.
Now u have a picture which is 4x6 in size with total of six 2x2 pp size pics in it.
go to walmart - at kiosk print it... for 24 cents per copy
6 cents per picture
and again pics are of your liking ..
in between you can edit to remove shadows easily
enjoy
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ronhira
07-08 07:43 PM
good one Ron Hira..this guy for sure is an odd ball leaching around here trying to create a controversy...
eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....
eb3retro, i think u & i need not as much worry about oscarzumaran et al..... as we should worry about those who remain silent..... day after day....
immigrant-in-law
01-28 12:30 PM
seriously? you working in some gas station too? what other advantages have you taken of the system?
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
Sad to see students being punished like this. They are just taking advantage of the system and make some money, but not doing anything illegal. That's what we are all here for right? Make some money. If enrolling for F1 and working somewhere else is against rules, then why did USCIS issue F1 and CPT to the students.
seratbabu
02-18 11:50 PM
[QUOTE=
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
[/QUOTE]
My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent
Does it come to me or to my attorney?
Thanks..
question 1) did both you and your spouse's I485 cases receive the "pending at the location it was transfered to"?
question 2) did both you and your spouses I485 cases receive RFE?
question 3) did both you and your spouses case have an LUD after RFE?
have you guys received the RFE notices and if yes, what is USCIS asking
[/QUOTE]
My 485 had LUDs on 02/10, 02/13, 02/17 and 02/18. My wife's 485 had LUDs on 02/10, 02/13, 02/17. My wife's 485 got a RFE on 02/13 - but still waiting for the actual RFE for the details.
My 485 Current Status: This case is now pending at the office to which it was transferred.
My Wife's 485 Current Status: Request for Additional Evidence Sent
Does it come to me or to my attorney?
Thanks..
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