v_javans
09-07 09:43 AM
Hi All,
Friends, I have few questions regarding EB2 category and need your help & advice.
What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.
Thanks in advance for your time.
Regards,
javans.
Friends, I have few questions regarding EB2 category and need your help & advice.
What are the requirements to file GC under EB2 category? I know USCIS needs 4 years degree. But I am Commerce graduate (3 years) from India and with over 11 years of IT experience, am I eligible for EB2? Can I use my experience to make up for 1 year. If not, can you suggest 1 yr. online degree (acceptable to USCIS) to be eligible for EB2.
Thanks in advance for your time.
Regards,
javans.
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acecupid
06-08 11:57 AM
Ever since they made I-131 online, its always been a mess. The form usually shows an expired date, and there are lot of glitches applying online. I was hoping USCIS would have improved their system by not since its been online for more than a yr now. But I guess just like the backlogged applications everything moves slow in USCIS.
I prefer to do the paper filing.
I prefer to do the paper filing.
pthoko
06-19 12:43 PM
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
Thanks.
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godbless
05-31 07:46 PM
I'm surprised that with a November 2001 PD that you are getting an interview already, since EB-3 is still retrogressed--EB3 world is only at July 1 2001 for June 2006
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
The PD fot EB3 is April 07 2001 I think. Anyway.... there should not be a cause for concern. The reason you got an AOS interview is that USCIS is adjudicating cases pending Visa availability. If there had been a concern then there would have been another RFE on it. You should be happy that some progress has taken place.
Cheers!!!!!!
more...
delax
07-19 05:44 PM
Based on your receipt number, you have applied for adjustment of status on 80th working day of fiscal year 2002. Sorry to hear that you case still pending. You are concerned now and wokeup from sleep after 2 years, 10 months, 12 days. If you are (1) employment based, post your country of chargability, labor priority date and date your file I485 - some souls can take a educated guess. (2) family based I485, this forum is not for you - your only options is to call USCIS
Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!
Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!
GCwaitforever
02-02 03:05 PM
Summary: It is good to work for USCIS or FBI. There is loads of overtime while in service and even after retirement they fall on your feet to do more work. :D;)
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Outkastpb231
10-29 06:04 PM
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sundarpn
06-30 10:55 PM
eb3retro,
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
You changed on h1b transfer right? not on EAD?
I am just curious if a new employer can keep extending h1b based on previous employers I140 (and the fact that 180 days have passed since 485).
thanks
more...
neoneo
09-28 01:55 AM
Obviously first point is talk to a good attorney
but some points to remember :
- 8K doesnt mean anything.. what matters is the % less from the expected salary.
- Also, get the latest audited company financial docs done .
- Remember this is for a future job, so check whether you will make that much when you get your GC.
but some points to remember :
- 8K doesnt mean anything.. what matters is the % less from the expected salary.
- Also, get the latest audited company financial docs done .
- Remember this is for a future job, so check whether you will make that much when you get your GC.
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unknown123
11-09 12:01 PM
What is your PD?
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
more...
realizeit
10-19 02:21 PM
Thanks. I did contact USCIS and they have accepted my request to expidite the cast. It is to be seen if it will actually happen.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
My other question is, if my renewal does not come through in-time, since the renewal application is in system, can I continue working after the expiry of my current EAD? Or do I have to quit the job and/or leave the country?
Best,
If they accepted the expedite request, you should get the EAD in your hands within 2-3 weeks.
You cannot work with an expired EAD. Legally, you can work from the day when the renewal EAD gets approved. Some employers insist the production of physical EAD to allow us to continue working. Some employers (few) allow you to work, if the EAD application has been approved. It is not advisable/legal to work when your current EAD is expired and the new one has not yet approved.
You do not have to quit your job. You can go on leave/vacation, if you have leave balance. Else you can go on "Leave without Pay". You do not have to leave the country in no circumstances, because your status is "Adjustment of Stats/I-485 Pending" which in no way gets affected by the expiry of the EAD. If it is not going to come on time, you just have to enjoy one or two weeks of vacation.
Talk to your HR regarding the different options.
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Desiguy786
04-02 08:55 PM
First of all, whats' the situation?
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
Are you still waiting for LC, may be from BECs?
what's the reason of RFE, if you are currently working for the same employer?
I don't know how you can get approval by going through company B, which you can not get with Company A.
Please give more information and certainly someone can help you quickly
Hi Satyasaich,
I have been working for employer A for more than 3 years and I dont know the reason for RFE, but it is related to the employer, following is the RFE, My LC is approved and applied 140 in Nov'06 which is pending. Since it's such a huge RFE ( 16 questions ), I was looking for some backup...please advice.
In short, My RFE is asking for..
Current number of employess: DHS records indicate that the petitioner has filed a disproportionately higher numberof H1b, and/or L-1 petitions than the number of employess shown on the petition. Submit an explanatoin for filing such an unusally high number of peitions in proportion to the low number of employees shown on you petition.
Copies of all H and L approval notices, petitioner's organizational chart, Form 941 Quarterly wage report, Payroll Summary, Federal Income Taxes, IRS tax return filing status transcripts, lease agreement, floor plan, office photos etc..
Consultants and Staffing Agencies: If the petitioner is, in any way , engaged in the business of consulting, employment staffing, or job placement that contracts short-term employment for workers who are traditionally self-employer, submit evidence to establish whether a specialty occupation exists for the beneficiary.
No matter whether the alien will be working within the employment contractor's operation on projects for the client or whether the alien will work at the end-client's place of business - uscis must examine the ultimate employment of the alien, and determine whether the postion qualifies as a specialty occupation. Please clarify the petitioner's employer-employee relationship with the beneficiary and, if not already provided, submit a description of conditions of employment as provided in contractual agreements, statements of work, work orders, service agreements, or letters from authorized officials of the ultimate end-client companies where the work will actually be performed that lists the name, descritipon of the duties..etc..
more...
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adi787
12-02 09:11 PM
Thanks for your replies....
I was asking... 3 year extn AFTER 6th year... anyway.
to kris04:: Was your case like you never worked for sponsoring company?
I was asking... 3 year extn AFTER 6th year... anyway.
to kris04:: Was your case like you never worked for sponsoring company?
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singhsa3
07-25 03:36 PM
Before I say any thing further, I want to clarify that I am NOT asking for any action but want to point out to a unique Gandhigiri protest idea proposed by one of our members:
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
On one of the posts rajmehrotra suggested "Something like a mass blood donation drive will garner empathy and publicity in a positive way." This was seconded by another member Gravitation. Not sure what other people think but I personally liked this idea very much.
So please save this idea for future use if others also recommend it.
more...
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yingli
08-23 10:59 PM
My greencard application has stuck in name checks for 3 years. I recently filed a Writ of Mandamus. Before going to court, U.S. Attorneys filed to dismiss my case, citing that the adjustment of status is discretionary and the FBI can take as long as they want to do background checks.
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
I am hesitating whether to go ahead with a court hearing. In addition, I am not happy with my current lawyer.
Can someone recommend a good lawyer to me? Many thanks!
YL
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FinalGC
02-07 09:36 AM
Buddy:
The way I see is that you have two options:
1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.
OR
2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.
Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.
It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.
I just gave you some practical advise.
I hope you make the right decision, which would be good for you and your parents.
The way I see is that you have two options:
1) You close your shop here in USA and go back to India and take care of them there. India is booming, you will surely get a good job. But then this is based on your priorities and what u want to do.
OR
2) Find a very good old age home for them in India, where there is 24hrs support for them.. This will be cheaper for you and good for them. They will be in midst of people of their age and get all the support which you will not be able to give, as you and your wife are working.
Coming to US at this age and with such medical condition, will only become a burden for you and them. Since all they will land up doing is baby sitting your kids and maybe walk to the nearby mall. There is no way for them to interact with people of their age, which is big social need for everybody.
It is true no insurance will cover their pre-existing condition, so you will land up paying all their medical expenses. However, if u r a millionare, then bring them over here, then u will be able to take care of them......otherwise practically I see you losing all your hard earned $$'s....God forbid anybody getting sick here in US.
I just gave you some practical advise.
I hope you make the right decision, which would be good for you and your parents.
more...
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OLDMONK
07-18 02:05 PM
If Skill Bill passes eventually, won't EB2 be beneficial over EB3.
I used my EB2 (jan 2006) over EB3 (March 2005)
I used my EB2 (jan 2006) over EB3 (March 2005)
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sys_manus
01-28 09:52 AM
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devikas81
09-09 07:08 PM
Pls. update ur case once you receive any action from USCIS,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
I have similar case like you, pls. email me at vmt0606@yahoo.com,
Thanking You,
mbawa2574
02-21 01:30 PM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
:-)
:-)
frostrated
08-18 12:56 PM
Well if it is clearly mentioned in the offer letter that Employer will cover the GC cost, then isnt the employer supposed to pay for it irrespective of when the labor was filed. It was filed in 2006.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
Btw, i am on AOS if that is what was meant from my legal status..
Thanks for all the responses to my thread so far..
The employer can change the contents of the offer, as long as it does not affect the job functions. GC is just a by-product of the job offer. Since you no longer work for the employer, you do not have any basis for recouping the costs. If you are in AOS status, it requires that there by an underlying immigrant petition by an employer. In your case, the employer on your petition no longer employs you, and therefore, if you go by the book, you are not in legal status. Rather than try to get money from your old employer, I'd suggest that you look for an employer who will take over your GC process. If you keep pestering your prior employer, they can revoke your I-140, which then invalidates your EAD and your I-485 application. So tread with care.
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