Desi Unlucky
09-20 08:21 PM
Can you please post the URL (Specific URL not the home page of immigration-law) where this was discussed.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
This exact issue is clearly discussed by Mathew Q&A section at www.immigration-law.com. He clearly says you are responsible for USCIS mistake if you did not bring that mistake to their notice. You have to get it corrected for one year ASAP and should contact the attorney at the earliest to do this.
YOU WILL BE OUT OF STATUS AFTER ONE YEAR EVEN IF YOU HAVE THREE YEAR EXTN IF USCIS DECIDES TO DO SO.
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lost_in_migration
05-15 12:33 PM
Is there already a poll like this for EB3?
nixstor
12-01 04:09 PM
Thanks for your input guys. can the job description be changed now for an labor petition that has been filed before? My lawyer made me fill a questionnare and lot of other things about what I do. She picked up main lines from my resume and filled it up on my job description.
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crystal
02-04 10:52 AM
There is no need to change to H4. asaik , that is an extra un-necessary step.
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
AP should be enough.
Does it make sense to change status to h4 from f1 before my spouse goes out of country and come back on h4 instead of AP?
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sapota
01-02 02:51 PM
One of my friends with a Phd in EE had to do something similar at Chennai consulate and had to wait for like a month. I guess Phd + research might trigger such paranoia among Visa officers.
karthiknv143
06-20 12:27 PM
^^^^^^^^
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jase21
11-23 04:26 AM
seems like flower by flocke button is lacking symmetry, or is it a design in its own sense.. But its beautiful.
Its hard to vote for just one!
Its hard to vote for just one!
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delhirocks
06-21 01:20 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
I agree...
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amitjoey
01-26 11:16 AM
Remember although this bill is only for PHD holders as it states now- It is too early to say if it will see the light of the day- if it will get through the committee and get on the calender and finally get on the floor.
It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.
It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.
It will go thru many rewrites and if it does have a chance on the floor, we can lobby and put our energy behind to make it better and try to get our provisions in it.
It is too early at this stage to comment on its chances and worse yet talk and fight about its contents.
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slc_ut
05-28 05:31 PM
I am planning to take visa appointment in Chennai consulate for my 8th year H-1B extension and my wife's H-4. When i checked the vfs website yesterday, dates were open for last week of Sep'2006. Today it is already showing only dates in Nov'2006 as open dates. Howcome Oct'2006 dates never showed up. Were the appointments finished that fast for Oct'2006 ? Any other members who observed this, please post your thoughts.
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gk_2000
01-26 07:05 PM
US needs EB1 and Ph.Ds
Others not contribute as much
You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal
Others not contribute as much
You are talking about needs? Then US needs all EB's over illegals by much, much more than US needs EB1 over EBn (n>1). So let's not talk of who contributes and who does not. It doesn't matter, all have same raw deal
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habil52
09-25 07:50 PM
I am a Master's student and had applied for H1B through a consultant under master quota 2007. I was devastated when the consultant told me today that my H1B was not approved. When i checked online with my WAC no, as expected it said that a decision was mailed to the employer which in most cases means H1B denied.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.
I have OPT left until dec 07. I haven't yet found a job while on OPT but have been applying for jobs rigorously. I was really banking on the H1B visa for getting a job and then transferring it over to whoever hires me.
With my H1B not approved, I am totally clueless now. Please advice if my H1B application can be reconsidered/re-appealed/ resubmitted. Any other options/suggestions welcome.
Get a job in either an educational, research or a non profit organization and reapply for H1B under quote exempt category. do it soon as that too takes time... preferably through premium processing after securing a job. good luck.
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shreekarthik
06-08 05:57 PM
Guys,
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
I have approved EB3 LC and approved I 140 with PD JAN 2002. My wife has approved EB2 LC (Perm) and Approved I 140 with PD JAN 2006
As we represent one family can't my wife use my PD and apply I 485 under EB2.
for example If husband is born in a retrogressed country and wife in a non retrogressed country in that case, husband gets a free ride !
Why not in this case ? Just curious !
in case of spouses having different nationality, we can flip the primary applicant and are not mis-matching the priority dates. So if ur wife is from a non-retro country her PD is still going JAN 2006 but since she is from non-retro she has greater chance of success.
But here u want ur priority date to be applied to your spouse application and that's not legally possible. As the other poster says u can try PERM for EB2 and xfer ur old PD to the new PERM.
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Lasantha
01-31 02:16 PM
I am no expert but I think you are OK because of this phrase in your Labor.
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.
But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
I think the people who have problems with 3 year degrees do not have that clause in the LC. As long as you say suitable combination of Education , training or expeirence in lieu of stated requirements you should be fine.
But it won't hurt to get a good Credential Evaluation. Try Sheila Danzig at http://www.degreepeople.com
Please let me know whether my I-140 will be approved under EB3.I have 3 year bachelors degree(Maths) from India and 2yr diploma from Aptech. Your suggestions will be highly appreciated
Column 14
Education
Grade School : 8 years
High School : 4 years
College : 4 years
College Degree(Required) : Bachelor's Degree
Major Fied of Study : Computer Science*
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
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jonty_11
05-07 01:29 PM
Also, keep in mind that CIS has said they are coming out with a regulation on AC21 sometime soon. There is no telling how favorable that will be.
I am suspecting it will not be favorable at all
I am suspecting it will not be favorable at all
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eb3retro
06-19 10:07 PM
Hi
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
Here is my situation
My current labor shows title as Systems Analyst (EB3-I category - PD Sept 2002). The code that I can read shows 030-167014.
I-140 is approved in 2005. 485 Applied in June 2007.
8th year on H1B - H1 Valid till November 2009.
I have offer to join one of big 5 IT Firms as Project Manager( working at client through them from past 4 years), however due to the "Same or Similar" clause , I am confused and kind of nervous as well that it may impact my GC application as the job title is not similar to what is on the labor.
This is great company to work for and Salary raise is about 15-20% from current and about 90% higher than what is on the labor. Would this create any issue?
I had kind of made up my mind that I will go ahead and join and skip notifying USCIS of AC21 and will deal with it if and when I receive the RFE, but the prospective employer's immigration guys are telling that they have policy and their attorney will prepare a letter for invoking AC21 and send that to USCIS.
Just tired of waiting for GC and losing the opportunities, What options do I have ?
� Should I stay put and continue to wait till I get GC in hand?
� If new employer notify USCIS with AC21 letter that my new title is PM or something else (but not same or similar to what is on Labor)
- Would USCIS makes the decision on my 485 right there saying it's a no go?
- or Would they send me the RFE later on when my PD is current?
- What if I say I am willing to go back to my old employer on the title that is on the labor, in the situation of RFE - would USCIS accepts that (I have good relationship with my current employer and they are mid size company)
Any Suggestion - Anybody?
Need to make the decision in next couple of days.
hey man, if i were you, i wouldn't do this..i personally changed jobs twice in ac21 and would not do this change..
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txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
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raysaikat
01-06 02:06 PM
Hi Harry mine was an EB2 case to begin with, no porting. Only this is my timing was not correct and I missed the Jul 07 window, the labor filing took way too long. So kind of in the same boat as you, trying to find legal avenues to upgrade to EB1. Let�s wait for some advice to come by. Looking at your case as well I believe that EB1-A is the only option.
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
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maxy
09-27 09:47 AM
I have approved I140 notice ... i dont see A# can you pls help me find that number in approval notice (797)
waitingnwaiting
02-11 11:42 AM
What are IVs recommendations ??
It is a Donor only information.
It is a Donor only information.
GCwaitforever
12-14 05:08 PM
1. You can write to USCIS to extend your OPT period.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
If your home country has a problem - like Famine, Earth Quake, Tsunami, Military Coup or another civil unrest, you can claim hardship in returning to your home country and ask for extension on that basis. God forbid, let us pray nothing like that should happen in your home country just for the sake of your OPT extension.
I do not know the validity of your status during your request for extension. Will the EAD be considered extended automatically till USCIS answers your request? Check with your student advisor as some students might have done this before.
2. Ask your company to put you under training (H-3 Visa). This has come up quite a few times in this forum.
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