styrum
02-08 08:25 PM
So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:
- MS+0 / No BS requirement
- MS+0 / BS+5
And by better I mean less chance of an audit or proof of business necessity requirements.
I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.
Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2
It looks to me the only way for zone IV would be MS + 0.
I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!
Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.
Do they not follow their own rules?
- MS+0 / No BS requirement
- MS+0 / BS+5
And by better I mean less chance of an audit or proof of business necessity requirements.
I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.
Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2
It looks to me the only way for zone IV would be MS + 0.
I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!
Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.
Do they not follow their own rules?
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Jaime
09-22 08:13 PM
This is an actual drain stopper....feel familiar???
ramus
06-28 05:13 PM
If 140 is approved and dates are current most likely you will get one year extension...But sure you will get H1B extension.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
I think its If pending...and labor approved 365 days before start date. I still need to check with my attorney. Also even if 140 is approved and dates are current i would not be able to extend.
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wandmaker
03-27 11:46 AM
Man, everyone gave me REDs for opening this thread and I am surprised it is keep coming to the top. I can see this going to several pages :confused::confused:
Reasons for RED is that the OP wanted to open this thread, but you did it before him/her. The thread is on top because everyone loves it.
Reasons for RED is that the OP wanted to open this thread, but you did it before him/her. The thread is on top because everyone loves it.
more...
learning01
04-26 07:32 PM
The dogs may bark, but the caravan passes on. Just ignore. Read and be informed; but don't post. Don't mention.
creativeleader
08-10 09:47 PM
Let me take a stab at it:
EB2 I - June 2006, EB2 C - Dec 2006
EB3 I/C - Dec 2003
I'm guessing with fewer jobs available for next year, there will be a huge leap - EB2 may move to 2006 and EB3 to 2003...this is just a guess, an attempt to speak things into existence :)
EB2 I - June 2006, EB2 C - Dec 2006
EB3 I/C - Dec 2003
I'm guessing with fewer jobs available for next year, there will be a huge leap - EB2 may move to 2006 and EB3 to 2003...this is just a guess, an attempt to speak things into existence :)
more...
greencard_fever
10-03 10:19 PM
This is indeed a gloomy and (in my view credible) story. The only thing possibly that can help us within the current laws, is the visa overflow from EB1 and EB2 ROW.
Lets hope for the rest. The Nov. Visa bulletin will be confirmatory.
You are right...
Lets hope for the rest. The Nov. Visa bulletin will be confirmatory.
You are right...
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udayak
09-09 03:16 AM
Has anyone received the copy of I-140 through
FOIA ?
My employer is not willing to give me a copy of
I-140, because of the fear of me, switching to
a different employer.
I have the receipt number of I-140 and I know
that my I-140 is approved.
Is it possible to get a copy of I-140 from USCIS ?
Has anyone received a copy of I-140 directly from
USCIS using FOIA ?
Thanks
FOIA ?
My employer is not willing to give me a copy of
I-140, because of the fear of me, switching to
a different employer.
I have the receipt number of I-140 and I know
that my I-140 is approved.
Is it possible to get a copy of I-140 from USCIS ?
Has anyone received a copy of I-140 directly from
USCIS using FOIA ?
Thanks
more...
qualified_trash
08-01 01:22 PM
You can't generalize. If your kids are smart they can get into better colleges like IITs etc. I think you are confusing the issue about adaptability with good future prospects.
Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
Wait a second. If you are not adaptable to the new environment, it becomes a rat race.If the situation is not conducive, your smartness aint gonna help. I think thats what the OP clearly meant. Its not easy for a kid who is in 8th grade in US to snugly fit into Indian System. Coming to the IIT's, Have you ever compared the total number of seats available in IIT's to the accepted numbers from IVY leagues and other big schools. In India, you have to be the best among the best to get into IIT's. You have to be best here and oh yeah.. You dont have to lose some of the smartness to reservations. But I agree with you that parents should let children pursue their own interests rather than thinking about him/her being a doc/eng.
DISCLAIMER: SPECIFIC TO THE INDIAN EDUCATION SYSTEM
I am sorry but I disagree with the "best among the best" comment. To equate success in the IIT entrance exam to being the best is a mistake. Success in the entrance exams to those Insititutions comes from focus and hard work. This does not necessarily mean that the people who go there are the best. They ARE definitely the best at preparing for the exam.
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pappu
05-06 08:11 AM
2007 DC Rally Blog
Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)
----------
Full Page color ad in Roll Call
http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf
Immigration Voice rally in DC - Live updates (http://dcrally.blogspot.com/)
----------
Full Page color ad in Roll Call
http://immigrationvoice.org/media/forums/iv/rollcal3a.pdf
more...
vinodmp
02-11 09:59 PM
**************
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned. --> just found out that it did say BS+ 5 exp is ok - USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
**********
Since the application do say BS+5 years and I have copy of the Edu evaluation which says Master equivalent , I do see a good chance now to re-open the case .
Mine is not a labor substitute. ( just to clarify)
Thanks
-vinod
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slammer
01-13 12:40 PM
It's here guys :
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_4417.html
more...
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zico123
06-21 06:52 PM
if we go to canada to get H4 stamping will they ask for her pay stubs or just my pay stubs are enough.
H4 is a dependent visa and there is NO legal employment allowed on H4 status.
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
if wife's stay in US has been legal and she has been in status then there should be no worries. For H4 make sure you carry all the H1 documents as well.
is there any site or posting that explains the process of applying for H4 in canada.
check websites for US consulate in canada where you want to go for stamping. They will list all documents required.
H4 is a dependent visa and there is NO legal employment allowed on H4 status.
Is there any chance of rejection. also can I go to canada for stamping or do i have to go to home country.
if wife's stay in US has been legal and she has been in status then there should be no worries. For H4 make sure you carry all the H1 documents as well.
is there any site or posting that explains the process of applying for H4 in canada.
check websites for US consulate in canada where you want to go for stamping. They will list all documents required.
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jazzy2
05-18 12:35 PM
hi sanju and others
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
is this true?
Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131
the reason i'm asking is this: when i applied my PD is current. how can 485/ead/ap not be processed, when i know that the date i applied it was current, though it retrogressed after i applied?
Whatever you do, please do not go for CP. Because if the dates go back before the CP process is over, you will be stuck without work authorization card and I-131. Keep in mind that you will not be able to change job even after applying for CP. This is what I think. I am sure others on the forum will share with you more about the difference between CP and AOS.
more...
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Pineapple
07-10 11:46 AM
Sent mine.. Will be delivered on 11th (Wednesday).. its not too late, but do it now..
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windingroad
03-02 02:23 PM
Have we considered putting up ads in Indian/Chinese community
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
magazines like India Currents, Siliconeer ? It might work out to be
cheaper than online ads on Sulekha. I presume these magazines have
pretty good readership since most of them are distributed for free.
Also, it would give us good visibility if we could get one of these magazines
to do an article on EB retrogression and mention IV efforts as part of it.
more...
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vshar
09-11 10:59 PM
Dear IvSlave,
you haven't updated your profile. Please update your profile like what is your chargeability ?
I bought a house in Mar 2008 with doomed PD of July 2006 EB3-I but I don't care and want to enjoy what I have or can do. Its my personal choice as some ppl mentioned earlier.
you haven't updated your profile. Please update your profile like what is your chargeability ?
I bought a house in Mar 2008 with doomed PD of July 2006 EB3-I but I don't care and want to enjoy what I have or can do. Its my personal choice as some ppl mentioned earlier.
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jungalee43
04-26 08:05 AM
Big big thanks and congratulations to core team. This is courageuos & selfless work or may I say 'Nishkam Karmayoga'.
My second contribution of $100 is on its way.
My second contribution of $100 is on its way.
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jay75
08-24 04:08 PM
Please tell us when you applied , and NSC or TSC , EB3 or EB2, etc..so we will get some idea? thanks..
I recently applied for my renewal (AP & EAD) - got my AP approved in less than 3 weeks (which is good processing time).
Validity was for one year, only and from the date the previous AP expired.
EAD - Still waiting - it's 47th day, today and counting. Hopefully before I hit the 60 day mark...that seems to be the processing time, these days.
I recently applied for my renewal (AP & EAD) - got my AP approved in less than 3 weeks (which is good processing time).
Validity was for one year, only and from the date the previous AP expired.
EAD - Still waiting - it's 47th day, today and counting. Hopefully before I hit the 60 day mark...that seems to be the processing time, these days.
insbaby
03-09 03:19 PM
Next time someone questions IV's efforts, I am going to bluntly ask them if they contributed or came for the advocacy day event. If they did neither, we do not need their 2 cents of free comments.
There is a limit for anyone's patience level and Pappu seemed to have reached that level !
The 'troubles' are not enough and still in the 'comfort' zone. There is nothing much you can do about that.
There is a limit for anyone's patience level and Pappu seemed to have reached that level !
The 'troubles' are not enough and still in the 'comfort' zone. There is nothing much you can do about that.
thomachan72
06-03 09:21 AM
I fall into the group that believes that this is one of the siliest competitions around today. When I say sily it is not in the sense that the game itself is sily but rather in the importance it is being given. Particulalry have you seen any other competition where the parents are also on display this much? By the way are any of these kids good writers? Has any of these winers ever produced a great novel/poem? if so they should tell us about that. Moreover, how many of the greatest inventors/scientists are great spellers? This is the only country where this type of competition is given such national prominence. I would say let them have maths/science/quiz competitions on such a national scale and media and that would be a great stimulation for others. This almost makes Indians and Chinese look silly!:D:D
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