ronnie0479
12-19 01:30 PM
I got RFE stating that Submit the evidence that the alien obtained the required five years progressive experience in the job offered or the related occupation before, evidence of experience must be in the form of letters from current or former employer giving the name, address and title of the employer and a description of the experience of the alien including specific dates of the employement and specific duties.
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
I am curious to know did any body got such kind of RFE, what should i do the companies which i have worked for they no longer exist, what should i do, i have the experience letters with me but i donot have the job description mentioned on it.
Please advise. what are the chances of approval of my case.
Thanks in advance.
They are asking for a Letter of Experience. Your I-140 job description might be requiring 5 year of experience or you might have filed in EB2 with a Bachelor�s Degree and they might be looking for the 5 year experience letter which is a requirement for EB2 if you have just a Bachelors Degree.
Please Provied more info about you case......
imh1b
07-30 12:15 PM
Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.
peacocklover
07-10 03:20 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again. though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
It's good question and I'm also curious to know the answer from experienced immigration attorneys in this forum.
Thanks in advance.
aachoo
03-24 09:56 AM
Yesterday i got the mail from USCIS stating below. "My PD Dec 2006, INDIA, EB2 (I GOT MARRIED AFTER I APPLIED FOR I 485, SO MY WIFE IS NOT YET IN APPLICATION. I AM WAITING FOR DATES TO GET CURRENT FOR ME SO I CAN ADD HER INTO MY APPLICATION"
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
I dont know whether its a good sign or bad sign. I scanned and send this letter to my company and attorney.GURUS and EXPERTS pls help me!!!!!
Request for Evidence
The office is unable to complete the processing of your application without further information. Please read and comply with the request below, then submit the evidence to above address. Include the copy of this letter and place the gold sheet on the top of your documents.
Submit the letter of your employment attesting to your offer of proposed employment. This letter should be written on the company’s official letterhead, citing the date you began working; if the position is permanent and full time; what the position is; the position that you currently hold for the company(if any) ; and the salary offered.
You must submit this request in 30 days from the date of this letter. Failure to do so may result in the denial of your application.
Officer # 11**
Take it easy. There are lots of people getting RFEs for employment letter. The attorney should be able to get most info from you and HR and send a response. Look at some of the other threads (some of my previous posts) where all the different RFEs are being discussed. Bottomline, no you're not special and being singled out.
-a
more...
martinvisalaw
02-23 06:04 PM
YHowever, you will need to join company B at some point in time. This is what my company B told me. I believe it is once you file your 485 but I am not sure.
You need to intend to work for the sponsoring employer once permanent residence is approved.
You need to intend to work for the sponsoring employer once permanent residence is approved.
eb2_immigrant
10-20 12:38 PM
Last week I e-filed my AP (I-131) renewal and sent documents to TSC. Soft LUD today, it is in "Testing and Interview� stage.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
Is this stage generally expected for renewal of AP? I am not sure why the online message says "request for appointment reschedule" although my application is to renew AP.
Did any one go through this process before? pls share your experience.
Here is the status from the website
Testing and Interview
We have received your request to have your appointment rescheduled. This case is being processed at our TEXAS SERVICE CENTER location. You will be notified by mail if the appointment is rescheduled, when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.
more...
raysaikat
11-30 09:51 AM
Thank you very much for the replies.
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).
Right now I am leaning towards cancelling my trip, even though it is going to cost me the entire price of the ticket, besides of course the immeasurable cost of not visiting home.
About the suggestion of hiring a lawyer, can an immigration lawyer here in the US help me in any way with a situation (the renewal interview) and an all-powerful person (the interviewer) half-way across the world? I can see how a lawyer may help smooth this problem if I were changing status while in the country (say from F1 to H1), but I don't see how a lawyer would help with my visa renewal...perhaps I just don't understand the extent to which a lawyer may be able to help. Is my question clear?
Again, thank you for the advice.
The lawyer will be able to tell you (i) what is the legal implication of your charge in regard to F-1, (ii) statute of limitations of your charges, (iii) how long the records are kept (there are levels of access and with time some charges go down the levels). A lawyer gives you legal counsel (suggestions/appraisals); they are not supposed to "do" stuff for you, nor take decisions for you. You pay your lawyer simply for reliable information (and paperworks, usually).
Raj Iyer
09-22 04:55 PM
Hi:
Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.
Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.
Since you mentioned that your PERM was approved in August 2007, I am not sure why you did not file your I-485 with your I-140.
Anyway since you have an approved I-140, you can get a 3 year H-1B with a new employer.
But you need to start the GC process all over again. IF your I-485 was pending, you could have used AC 21 provisions to port over without starting all over again.
more...
matreen
08-27 09:43 AM
If university is not accredited with ABET, USCIS won't accept this masters for EB2?
I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?
Thanks,
Matt
.....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o
I believe there are lots of other universties are not accredited with ABET and and who have done their masters from these universities they are getting EB2 approvals?
Thanks,
Matt
.....and none of the accredited universities give you admission to MS unless you have bachelor's degree, and most of the online MS degrees are not from ABET accredited universities, please get all the information about the degree before you pay any FEE:o
rbalaji5
07-17 07:55 PM
Really Thank and Appreciate Mr Gonzales.
Thank you so much Mr. Emilio Gonzalez
Thank you so much Mr. Emilio Gonzalez
more...
amoschid
07-18 04:01 PM
thanks for the answer buddy
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
1) Yes, 140K includes primary applicant,spouse and minor children.
woaaah.. that's a very little number.... :p
2) It means India or any other country can be alloted upto 9800 green card per Fiscal Year, again this number includes spouse and children.
i see... thanks for the explanation,
this part still confused me though:
if i divide 140000 / 9800 = 14.28
that's only 14 countries, how was that suppose to work ?
also... let's use Japan & India again for example:
- suppose that India already used up to 9800 GC, and Japan only use 1500,
the 8300 GC (9800-1500) will remain unused ?
thanks again for the answer :D
sunilmn
08-22 10:09 PM
I have your request to join, we are indeed very active.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
Hello I live in plymouth and I would like to join with you guys for DC.Could you please give me more details.
My sincere apologies at not getting back to you so far- will redress that asap!
Welcome...we are delighted to have you with us.....:)
Hello I live in plymouth and I would like to join with you guys for DC.Could you please give me more details.
more...
gcwait2007
02-16 11:26 PM
Even though it cost you, I would prefer to keep one's own attorney.
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
If not, you are repeating the same old story. What if you plan to move from this second employer...
So, please find your own attorney. All that you need from new employer is offer letter and he is filing h1b with the same job title.
Good luck.
Can I invoke AC21 by using H1-B transfer?
thomachan72
03-28 03:17 PM
I completely understand that nothing is ever going to happen in favor of legal immigrants. However, when I saw what really the dream act meant to do, I just thought we should get some senators involved and aware of the plight about the kids of the legal community too. One of my friend has 2 kids and he has been waiting now for over 6 years every single day of that in perfect legal status. what wrong did the kids do? why dont they compare equal to the ilegal kids who are going to be blessed by this bill if it is passed. I am sure IV might not have enough will for this since many of the leaders might not have kids but atleast look at others who have kids and always face the dreaded scenario of having to uproot them from their schools/friendships in case of immigration-related issues.
more...
newbie2020
08-11 09:47 AM
Since it is a new H1 I would say unless the petitioning employer is not co-operating, Then you don't have any other choice. You need to wait until next April for new H1.
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
Did u try to go to another consulate, Say Mumbai or Chennai or Kolkata.
I am not sure if that would work, since i have heard that consulate will sometimes hold the passport and/or stamp on the back that this application was received.
If you are able to go to another consulate go ahead and check your luck, sometimes they don't ask anything for documentation (This happened with me twice)
bekugc
07-18 01:56 PM
hello,
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
MY Opinion!!
since u have used substitute labor, id guess that the Priority date of labor is pretty old (hopeing 2000-2002 range).
if ur PD is old, then rushing for 485 doesnt make sense. Rushing now is for those whose PD is 2005/2006, its their only chance before dates retrogress again. if u have OLD PD, then pretty soon, ur date will become current again, and when ur 140 comes thro u switch job & can apply for 485.
1. Anyway, resigning ur existing job and applying 485 with new company is not much beneficial. u cant use AC21 untill ur i140 is approved, anyway u have to stick at one place till ur eligible for AC21. if i were u , given a choice, id stay with a known demon (rather than unknown angel)
2. if ur substitute's labors 140 gets cleared..then switch to new company...apply 485 and in 180 days , ull be eligible for AC21, if relationship with new employer gets sour use AC21 and move on.
3. u still have 2.5 yrs on H1..this is a +ve point on ur side to take RISK of switching employer now. Id do this only if the PAY in new empoyer is so much high than existing, so that its WORTH taking the risk.
since its substitute labor, ur 140 cant be premium processes. as per previous experiences , if ur nebraska, 140 mite take 9-12 months , texas its little faster. so even after 1 yr,,if ur substitution Failed, u still have 1.5 yrs on H1, enuf time to switch H-1 job, get/apply for perm and get 6+ yrs extension.
Your lucky that new employer applied for 140 without expecting u to get on the payroll. if i were you, id thank God for that, and wait till 140 gets cleared before joining new job.
:-)
more...
belmontboy
04-25 07:11 PM
check the website: http://murthy.com/news/n_noh1bp.html
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
F-1 OPT with H1B Pending Now Wants 17-Month OPT Extension
�MurthyDotCom
Yet another variation that occurs involves F-1 students who have job offers. The prospective employer of an F-1 student normally has filed an H1B petition requesting a change of status for that F-1 student. The parties now want to take advantage of the April 2008 option announced by the USCIS to utilize the possible 17-month OPT extension provision. The employer needs to withdraw the H1B petition in order for the student to continue in F-1 status. Once the status is changed from F-1 to H1B, the individual would no longer be able to extend the OPT period, even if the H1B petition is approved for the future start date of employment. However, before withdrawing the potentially very valuable H1B petition, it is best to discuss the advantages and disadvantages with a qualified immigration attorney.
In your case you never started your H1 status. So you should be eligible for applying an OPT extension, which should give you ample time for next lottery.
I am no lawyer, you should check with a good immigration attorney about this.
greenguru
02-14 09:44 PM
Hi,
I had the same scenario... only the dates are different.
You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)
Cheers
I had the same scenario... only the dates are different.
You will get only ONE STAMPING On your passport and that will be till the end of your 3rd year( Till Second H1 exp. date)
Cheers
nixstor
09-18 02:37 PM
I dont see any thing related to scientits/researchers on the link you provided. Has it moved? The page I see talks about WU not making double digit profits.
supender
09-21 03:16 PM
I highly appreciate your advice. It sads that you had to go throught GC process so many times. In fact this is my third I-140 too. The first two never got approved due to silly administartive errors on employers part ( old check and job notice at wrong site) and I had to abandon them.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
One of the other fix I have is : if I should leave my present job or not , as my fear of loosing job might just be in mind. I am wondering, if worse comes to worse and if I loose job with an approved I-140, will I be able to secure job with another employer and use this I-140 to get an extension. I am a Physical Therapist and EB-2 positions are hard to come by in the state I am in. I want to take the risk to stay with this employer and take my chances. But I also want to have a back plan ( premium processing I-140).I dont know if it can work. Please share your thoughts.
qualified_trash
11-02 01:32 PM
rajiv khanna is good. he took my wife's case which was messed up by another lawyer and helped her get the work visa with change of status so she could start working here.
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