GotGC??
03-27 12:03 PM
And this "attorney" was actually paid for filing this PERM application?
The educational requirements specified in the PERM may give you some room to wriggle out of this.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
The educational requirements specified in the PERM may give you some room to wriggle out of this.
I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.
My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?
I appreciate your feedback. Thank you.
wallpaper eiffel tower
greyhair
06-22 10:02 PM
I also work for Big4, but I work in IT. Wait time depends on your country of birth and the category of your application. If you are from India or China in Eb3, then you would be better off not applying because you will most likely retire before you get your green card.
It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.
You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.
It may be helpful to apply in Eb2. I am not sure if CFA Lvl 2 will qualify you for Eb2. But if you have Masters degree in your area of expertise then Eb2 should not be an issue. Performance bonus is not a measure of exceptional ability for Eb2.
You will have to provide more details or you will have to understand the process to estimating the time it will take for the approval. Given the size of the backlog, Eb2 is always better than Eb3. Ultimately, it depends on your employer and your job requirement.
Apollon
06-30 12:16 AM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?
2011 to draw the Eiffel Tower.
![eiffel tower cartoon. [Cartoon] The New French](http://www.africancrisis.co.za/images/Cartoon_Zapiro_Eiffel_Tower_Paris_Sarkozy.gif "[Cartoon] The New French")
ras
02-20 11:00 AM
I filed I 140 and I485 and 180 days completed. I got an RFE on I 140 for Ability to Pay.
I have another I140 already approved with earlier PD.
Can I interfile when there is an RFE on I 140?
I have another I140 already approved with earlier PD.
Can I interfile when there is an RFE on I 140?
more...
copsmart
06-15 02:52 PM
Given below are my case details.
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
Paper Based – Sent to Phoenix Lockbox, rerouted to CSC
Mailed Date : May 18th
Delivered Date : May 19th
Received Date : May 20th
Notice Date : June 1st
1st SLUD : June 2nd
2nd SLUD : June 9th
3rd SLUD : June 10th
4th SLUD : June 11th
No activity since last SLUD… My EAD expires in August. Has anyone noticed similar SLUD pattern on their case lately?
I would really appreciate if CSC/WAC applicants post their case status updates.
Thanks!!!
sandy_77
09-16 06:06 AM
They may ask you whether you are going to work at the employers location or whether you are going to work at some third party's location. In the latter case you you may be asked to submit a copy of the contract between the end client and your company for your job specifically. Your previous denial may have an impact but your new case should not be rejected if you have sufficient documentation. Only if the previous denial was because of a "fraud" should it become a difficult issue for you to get a visa because i think such cases have a limitation of a few years before you can re-apply.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
Hi Suresh,
thanks for your time and effort to thoroughly answer my questions.
I guess my denial last year is due to poor project document given to me by my company. They initially gave me just 1 page letter describing the project and I was issued 221g to submit the full project report along with other company docs and later they denied my case.
So this time, I believe the VO must be aware about my denial reason and they are definitely going to ask me about the project report and I must take the full project report (containing market analysis, project proposal and other information) around 30-50 pages with me. I will also be carrying all other company docs such as IT returns of last 3 years, wage reports, compay location photographs etc..Do you think that should be enough?
Thanks.
more...
GlobalCitizen
07-26 09:05 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife�s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife�s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
2010 Moai, Eiffel Tower
virald
08-14 12:13 PM
My lawyer sent my I-485 to Vermont instead of Nebraska. I don't know what to do now. I am in lot of stress.
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
Can I send another application before Aug 17th. I have not got rejection on first one. Will this confuse USCIS?
Gurus, please advice
(BTW I have an approved I-140.)
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
From http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
You should be okay
more...
Riakapoor
09-16 05:17 PM
If you are genuine: Don�t do it. It will affect your GC.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.
If you are losers guild member using Indian name to post: Leave this forum immediately. I am tired of fake posts. I personally believe Riakapoor and ar7165 are fake.
Thanks for the advice. Excuse me how could you say that riakapoor is a fake? I am not active in IV but that doesn't mean I am fake.
hair [Cartoon] The New French
sunshine7672
03-06 02:41 PM
Does anyone know when these fees might become effective? Is it 120 days after February 1st or is it at the start of FY2008 (October 2007)?
more...
mckottayam
05-02 08:03 PM
mckottayam: did you tell the IO explicitly that you had I-797 extensions approved to get I-94 stamped thru end of I-797?
I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.
I gave the passports and the I797s together. IO gave me the 797s back and then I told him the dates are different as it was extended and he took them back. No more questions about this matter.
hot Eifel Tower cartoon 1 - search
ita
01-16 01:38 PM
I was trying to find out if it is possible to switch from H1-EAD-H1 all the while staying in the country.
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
If this switch is possible then will the EAD-H1 switch process be treated as 1 .transfer/ 2.new H1 application(subject to annual quota,lottery)/ 3.something else(recapture)? Though in all the three cases this new H1 will be valid for only whatever time that is left on H1 and not 6 years.
All these days I thought it would be treated as transfer (though there is a gap between the H1).
Thank you.
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
more...
house Eiffel Tower
Ann Ruben
07-17 05:25 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
tattoo Eiffel Tower - Paris Coloring
gbof
05-06 10:38 PM
Common sense is not so common.
There definitely is a chance to participate in Q & A and put forth/ highlight the sufferings
There definitely is a chance to participate in Q & A and put forth/ highlight the sufferings
more...
pictures The Eiffel Tower was built in
immi2006
05-24 10:17 AM
Does not matter how many points, can u be one of the 6300 ?
The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.
The points are not defined well, so do not speculate, it is not abt getting into Wharton / or yale, it takes years to implement a working system, look at Perm, they started in 2001, it took 4 years to implement.
dresses Eiffel Tower
RLNY122004
06-15 10:09 PM
CaliGC,
Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.
http://boards.immigrationportal.com/showthread.php?t=208982
If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.
I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
Here is my interview experience which I attendend at NYC district office on Apr 4th 2006.
http://boards.immigrationportal.com/showthread.php?t=208982
If your case is in service center then I think initiating the service request is as good as taking infopass and going to local office. becasue even if you take infopass and go to local office you will only talk to the information officer on infopass counter which is as good as calling the customre service. But if your case is in the local office then I would suggest you to take infopass and go there. If you are lucky you will get to talk to DAO (immigration officer who would be handling your case) and you may be able to find more info.
I am not sure why my case was transfered for interview. But mine was future employment based labor substitution case so that might be the reason.
Any reason why your case was transferred to local office? Our PD is becoming current on July 1st do you recommend me taking an appointment and visiting the local office? please suggest.
Also, please elobrate the interview information you had, and what you carried for the interview.
TIA.
more...
makeup The Eiffel Tower
webm
04-04 01:54 PM
Today at Boeing interview event I got very good offer. The HR lady congratulated me, kept offer letter in my hand. Then I told her that I'm an EAD holder. All my fear came true, and she said a big sorry and said EAD is not acceptable at any cost. Also she said, she can keep the offer in hold for me for 5 months. How can I expect green card in hand in 5 months. GOD don't give this situation to any one. just trying to reduce my pain here...
Why you told EAD??
You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.
There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..
HTH,
webm
Why you told EAD??
You should have told them that i have "Work Authorization eligible to work for any employer in the US" to keep them straight.
There is another big thread in this forum discussed on the same topic.Please check that before your future interviews..
HTH,
webm
girlfriend Paris eiffel tower Picture
EkAurAaya
03-19 06:43 PM
no ones ever sold a house on H1B or EAD? :confused:
hairstyles eiffel tower outline
glus
02-19 11:38 AM
not really, but close.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Surge:
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
i-94 expire 10/01/2007. married 09/12/2007. i-485 received by uscis on 11/26/2007.
Surge:
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
GCWarrior
04-16 02:38 PM
I hope so too. I donot know the difference between MTR or Appeal and heard Appeal gives more rights than MTR. Any ideas on which route to take?
Thanks
Thanks
glus
05-31 09:00 AM
Guys,
Pappu just posted an important message here: http://immigrationvoice.org/forum/showthread.php?p=72997#post72997
Please read and contribute now, as it is a critical time for us.
Pappu just posted an important message here: http://immigrationvoice.org/forum/showthread.php?p=72997#post72997
Please read and contribute now, as it is a critical time for us.
No comments:
Post a Comment