peacocklover
01-25 03:14 PM
I changed my job recently, I'm starting up with new GC application with my new employer as I had passed only 140 stage with my previous GC application of employer and I couldn't get a chance to file my 485. I have 12 plus years of total IT experience. My question is related to the section in the PERM application for my major field of study. I have a Bachelor's degree in civil engineering from good university in India , finished in 1996. My academics and work experience were assessed with US equivalent study and it's evaluated as Bachelor's degree in Computer Information Systems by qualified and expertized education evaluator. My current company lawyer told me that he would mention it as Computer Information Systems in my PERM application. Is it correct to mention in my perm application for my major field of study as Computer Information Systems?
I will greatly appreciate your valuable suggestions.
Thanks
I will greatly appreciate your valuable suggestions.
Thanks
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sanjose16
02-26 12:56 PM
:confused:
Is there a Risk?
I'm working in Company 'A'. My company is filing for H1 extension for me along with my wife's H4 Extension in the month of April (before that it is not possible it seems - according to lawyer or Imm. dept of company 'A')
Company 'B' is filing H1 visa for my wife on April 1st.
So my question is: Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
If no, should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
Is there a Risk?
I'm working in Company 'A'. My company is filing for H1 extension for me along with my wife's H4 Extension in the month of April (before that it is not possible it seems - according to lawyer or Imm. dept of company 'A')
Company 'B' is filing H1 visa for my wife on April 1st.
So my question is: Is there a RISK to file 2 separate petitions (H4 Extension and H1) in the same time frame?
If yes, what's the option?
If no, should I say to my employer or lawyer (Company 'A') to not to file H4 extension for my wife because of the overlap of time frames?
Ann Ruben
02-01 09:25 PM
As you probably realize, by transferring to another employer you will have to start the GC process all over--though you should be able to keep your May 2008 priority date.
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
Based on the facts you have provided, I would say that it is unlikely your prospective employer's H-1 would be denied. However, there is never any guarantee. Premium processing usually takes 7-10 days if there is no RFE, but again, there can be no guarantee. (Note that USCIS must refund the $1000 fee if your case is not acted on (approval, denial, or RFE) within 15 days of receipt.)
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sroyc
07-09 04:23 PM
I believe that it's the date of last physical entry into the U.S.
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
I'm in a similar situation and my lawyer filled that.
Dear fellow IV members,
I was just referring to my first application for EAD filed by my lawyer (july filer)
For Q#12 - Date of last entry into the US - my lawyer had entered (05/10/2007) - the H1-B approval date in date of last entry in to US - is this because of the new I-94 attached to H1-B approval notice?
But the I-94 in the passport shows my actual physical entry into US after my last visit outside the country - 08/10/2006.
I have not traveled outside the country after renewing my H1-B.
Which date did you guys put - the actual date of physical entry or the I-94 start date after renewal of H1-B?
Thank you!!!
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06-17 07:14 PM
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raj2007
04-02 09:22 PM
Hi Gurus,
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
1. Use Ac21
2. Are you going to India for a visit or long time? you need to come before ur AP expires and get a new one(If H1 is not valid)
Otherwise you can take a vacation on H1.
For Cp you have to withdraw your 485 application and refile your application.
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jordanwillium
02-17 02:31 AM
I received a duplicate order from Hewlett-Packard. Per the customer service person I was instructed to remove the shipping label and write the return number on the box, then call Fed Ex for a pickup, all of which I did. Now, a few weeks later my credit card account has not been credited. I've called the customer service people several times, and received a transmitting tracking number for the return. I've called Fed Ex who say what I have is not adequate to track the item supposedly sitting at their warehouse. I've spoken to the supervisor at HP, and she, like everyone else, keeps referring my problem to the "return specialist", who is supposed to query Fed Ex about this, but nothing happens. Their excuse is that they don't have the actual tracking number to do this. One HP rep I spoke to told me that the return item had not been scanned since the initiation of the return, implying negligence. Yeah somebody dropped the ball. Where do I go next to get some action taken?
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supers789
09-21 03:35 PM
I recently changed my job, after getting a receipt from new employer. But I noticed that the attorney has done a typo in my middle name. she added 1 extra letter in the middle. can anyone please let me know if this would create any problem for me getting the H1B transfer approval and what is the way to correct it? Since I have already left my old job, I am kind of worried. Please reply back if anyone has come accross or aware of such case.
Thanks.
Thanks.
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ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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LOL123
11-24 03:59 PM
We filed our 485 on July 2nd 2007 at Nebraska office � EB3 � July 7, 2001
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
- The case was shifted to Texas and we received notices from Texas office with receipt date of August 27.
- Our date is now current however processing at Texas is still stuck at June 27, 2007.
- Does this mean our RD is now 08/27/07 even though it was recd. at Nebraska on 07/02/07??
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lonedesi
07-27 12:35 PM
Because, if my applications(I-140 & I-485) reached today(Friday) I am safe as I have included the old filing fees for I-140. If the receipt date is Monday(July 30th), then USCIS would expect me to pay the new fees for I-140. Hence my concern.
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a_yaja
03-02 09:09 AM
Typically I-94 card will be given with an expiry date, which I belive will not be _beyond_ expiry date of the Visa in the passport.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
Hope this helps!!
My brother's in-laws were given a six month visa @ Chennai Consulate. They arrived in the US after 4 months. The officer at the POE stamped 6 months from date of arrival (4 months after visa expiry), even though his in-laws asked only for 3 months.
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mudigondag
01-25 12:32 PM
Thanks. I see the same from murthy.com
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)
The requirements are that (a) the foreign national must be the beneficiary of a labor certification filing made 365 days prior (or I-140 for those cases that do not need the labor filing); or (b) the labor and I-140 must be approved, with no visa number (based upon the priority date) available.
MurthyDotCom : Filing LC during 6th Year of H1B (http://www.murthy.com/news/n_lc6th.html)
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intelarv
07-29 02:52 PM
Hi,
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
This is my first post here. I was looking for "Experience Letter Format" that Is needed for filing I-140. I have not started my GC yet but was looking for all the documents required. It seems to be a nice idea to get all the experience letters from the previous employers before starting labor process.
If some one has the format currently required by USCIS, please post it.
Thanks
more...
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chanduv23
10-20 09:10 PM
Folks!
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
Like me all July filers would get off the H1-B hook come this Jan. I am assuming everybody would use newly gained freedom of EAD to switch employer or jobs. So far, not many employers like to get involved in H1 hassels ( espcialy in midwest), so recruiters had good business by hiring engineers at low rate and syphoning off majority share of the pay check.
But now, with 180 days (less than 75 days) limit over, all EAD holders are free to switch employers of jobs ( I know in same or similar capacity ... but that's not the point). The point is what would be the effect on current business contracting companies have? What would be the effect of EAD on their cost models and consistent revenues?
Not saying they would cease to exsist, as H1B's would still need them. But isn't new and bold demands from engineers like me going to affect their margins? ...What do you think?
It is true with Tri State hiring agencies also, all top tier firms with direct clients are trying to reduce layers by directly enrolling you on EAD - so come January - we will see a lot of people jumping.
Thsi is healthy for the candidate. H1b shops will have their own ways of doing business and will deifnitely see some challenge
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tnite
09-11 09:26 AM
There are LUD's twice on my wife's and my 485 in last 4 days first was on Friday 9/5 and the second was this morning 9/8.
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
We had LUD's on I485 on 09/5 and I (dependant) had a RFE issued on 09/05.
RFE on AP has nothing to do with I485. As people have mentioned I think USCIS maybe holding off on approving EB2 I/C apps.
Whats your PD/RD/ND/Service center?
RFE on my wife AP (131) was issued 2 weeks back, we haven�t received the RFE yet, Expecting it in a day or two, last week my wife called USCIS to find out what the RFE was, USICS customer rep opened a service request on her AP since it was more than 10 days RFE email and we haven�t got the RFE mail.
What could be the RFE for her AP, other than photo? Any clues?
Are the GC numbers available for EB-2 India for new approvals?
I am guessing the RFE is holding up our 485 approval, I know I being optimistic here, but who is not when it comes to GC. I will update my post after I see the RFE.
We had LUD's on I485 on 09/5 and I (dependant) had a RFE issued on 09/05.
RFE on AP has nothing to do with I485. As people have mentioned I think USCIS maybe holding off on approving EB2 I/C apps.
Whats your PD/RD/ND/Service center?
feedfront
05-07 02:48 PM
As long as company's tax id remains same, it does not matter. Talk to your attorney.
cheg
10-11 04:16 PM
A lot of people have filed on July 2 and still haven't received their FP notice while my husband and I filed July 6 and we're scheduled for FP tomorrow. My brother who filed on July 26 also received his FP notice last Friday. USCIS is really unpredictable nowadays so who knows how long it takes to generate FP notices. Hopefully you'll get yours soon too. :o
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
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