The statements that were enclosed with the checks received from Insurance Company shows deduction of OASDI and Medicare taxes but not Federal and State taxes. When we contacted the Insurance Company asking for a tax statement we were told that they have mailed all the statements to the employer and they should include in the W2 statement. Upon knowing from the Insurance Company, we wrote an email to the HR asking for a corrected W2. The HR replied that we can report those wages even without a W2 from the company and later she replied saying she didn't received any statements from the Insurance Company and also they have changed the payroll company and so they can no longer issue a new one.
We are based in NY. We also called IRS to confirm if we are suppose to pay taxes on those income. The IRS officer said it should be included in the W2 and have asked to wait until 02/15. The insurance premiums nor the cost-plus-fees for the sick pay (maternity disability) were paid by us.
There is a bold note on the statements saying:
1) The tax information must be reported on year-end w-2 forms
2) Federal Law HR4331 states that all disability payments will be subject to the Social Security Tax for the first six (6) months only
3) This tax has been deducted from your payment in compliance with this law
We are based in NY. We also called IRS to confirm if we are suppose to pay taxes on those income. The IRS officer said it should be included in the W2 and have asked to wait until 02/15. The insurance premiums nor the cost-plus-fees for the sick pay (maternity disability) were paid by us.
There is a bold note on the statements saying:
1) The tax information must be reported on year-end w-2 forms
2) Federal Law HR4331 states that all disability payments will be subject to the Social Security Tax for the first six (6) months only
3) This tax has been deducted from your payment in compliance with this law
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Thanks for posting a very relevant question, I am in a very similar situation, my labour has not yet been approved (was applied in July 09'), i think 2010 is a defining year of immigration drain.
Isn't it a relief? if the officer calls you for interview, checks your documents and says approved but no GC till PD current? I can live happily with it for couple of years atleast without thinking of GC. The feeling of getting GC in future 100% is almost equal to having GC today. You can change jobs on AC21 without fear and use EAD and AP full force and forget about renewing H1b's
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All,
Do we need to keep a copy of LC?. I have copies of all the documents except Labor Certification.
Thanks
Do we need to keep a copy of LC?. I have copies of all the documents except Labor Certification.
Thanks
Its is always advisable to file the petition as AILA clearly stated that they are going to identify "class" of people. The court may or maynot give benefit for all classes .so better file and be in the "Best Class" where if AILA wins the case you will get benefited ,Dont be penny foolish as if you already spent money in getting other stuff ..what you are loosig in 1 grand for attorney fee , ( think of desi employers who gets 2 grands every month on you )
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Thanks for the info. Mine is already filed FYI. I am trying to help my friends you missed the boat due to Attorney's inefficiency to file it at the right time and employers greed.
Also with todays's rumor some thing positive is in pipeline ..even july VB flip-flop also started as a rumor
Thanks for the info. Mine is already filed FYI. I am trying to help my friends you missed the boat due to Attorney's inefficiency to file it at the right time and employers greed.
My apologies if this is not the correct thread (but I think it is related).
It has been a month since USCIS received the response to a EVL related RFE issued to me. I verified the receipt date from uscis.gov. Does anyone know how many days it takes (on an average) for them to decide upon such RFE? I am trying to make sure if it is too late and I should request an appointment through infopass.
Thanks!
It has been a month since USCIS received the response to a EVL related RFE issued to me. I verified the receipt date from uscis.gov. Does anyone know how many days it takes (on an average) for them to decide upon such RFE? I am trying to make sure if it is too late and I should request an appointment through infopass.
Thanks!
Here is one in our company.
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Senior Oracle Database Administrator
https://cswg.recruitmax.com//main/careerportal/Job_Profile.cfm?szOrderID=2908&szReturnToSearch=1&szWordsToHighlight=
or look in http://www.cswg.com/careers/careers2.htm
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Hello everyone. I was following the "IV in the News" Thread and I saw something that may be the reason why the layman thinks IV is an "Indian Organization".
DISCLAIMER:
1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.
2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).
Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.
NBC Nightly News: Thurs March 30 -> Shiva
Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
News & Observer, Apr 12, 2006 -> Sarath
Washington Post -> Aman & Shilpa
Fox News Wkend Live 1:15 EST -> Aman
Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
Diversity Inc, May 13 2006 -> Aman, Jitendra
Tulsa World, May 23 2006 -> Salil
MSNBC, May 22 2006 -> Aman
World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa
This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.
All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.
This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.
Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.
One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.
DISCLAIMER:
1) Now b4 everyone jumps down my throat, i want to mention that i KNOW how hard IV core and supporting members have worked to get these articles into the media and I MORE MORE than appreciate that fact.
2) I am not trying to play "seperatist" here (as in Indians v/s Non Indians).
Now for the facts. I was going through the articles one by one and I compiled a list of articles matched up with a list of names. I have posted first names only.
NBC Nightly News: Thurs March 30 -> Shiva
Philadelphia Inquirer, Apr 8, 2006 -> Nozer, Kartik, Shreyas, Srikanth
News & Observer, Apr 12, 2006 -> Sarath
Washington Post -> Aman & Shilpa
Fox News Wkend Live 1:15 EST -> Aman
Austin American Statesman front page, May 8, 2006 -> Nilesh, Ashwini, Pratik
Diversity Inc, May 13 2006 -> Aman, Jitendra
Tulsa World, May 23 2006 -> Salil
MSNBC, May 22 2006 -> Aman
World Journal News, May 27 2006 -> Chinese News article but also mentions the IV is started by Indians.
Baltimore Sun Headlines, May 30 2006 -> Raj, Bharati, Shilpa
This list includes my name as well. If we observe carefully, almost all these articles have only Indians speaking out in the media. I know that these articles come up on the spot and the media team sometimes has only a few hours to report a candidate to the reporter. Also i know that a lot of these interviews were done by the core memebers themselves on the spot.
All I am saying is that if more such articles are done in future, can we have the Non-Indian members also step up and contact the IV core/media team coz this would truly lend a "multi-cultural" look to IV. The lay-person american does not know what IV is comprised of. With them What u see is what u get. They see Indians in the media and on the news speaking out about the Immigration wait times and they think IV is an Indian organization.
This is a request to both the core team and the non-indian active IV members to please step up and co-ordinate future (such) events so that multi-cultural faces can be seen in the media as well as when we go to meet the Congressmen.
Once again, no disrespect meant to either the core/media team or to the non-indians on this forum. I hope people can see my point. (I am an Indian citizen myself). If efforts in this direction are already being taken, i apologise in advance.
One point of mention. I read the article "Valley News, May 21 2006" & I saw people of a lot of nationalities speaking out about the Green Card process. That was really good to see.
The instruction reads as
** DO NOT mail photos or copies of identification unless requested to do so by USCIS
USCIS does not mention anywhere that you either SHOULD or SHOULD NOT send photos.
So a better assumption can be "send photos".
** DO NOT mail photos or copies of identification unless requested to do so by USCIS
USCIS does not mention anywhere that you either SHOULD or SHOULD NOT send photos.
So a better assumption can be "send photos".
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i don't have my gc yet..... it must be obama's fault..... what is he doing??..... is he the only sitting on my application?...... maybe he is that he wants all illegals to get gc before my application is approved.......
this country will never appreciate what obama did in a short span of 2 years..... public memory is very short..... the economy was in a shit hole like never before...... country was going down the tube.... major financial institutions had failed.... others were on the verge of collapse and so was the economy..... this country was headed for a next great depression with 30 % 40% unemployment..... today some people are thankless and think they are in so much trouble with 10% unemployment for not being able to upgrade from 55inch led flat screen to 65 inch led flat screen 3-d tv..... in 2 years there has been a major turnaround.... but in this world of instant gratification..... most people have already forgotten where we all were 2 years back.....
no matter how much people hate bailouts, tarp and stimulus..... economist across the board agree with these measures....... in case we forgot.... here is a reminder from the architect and collapse in chief..... who argued, rather pleaded for bailout and tarp..... but now pee party blames obama for bailiouts and tarp.....
YsDmPEeurfA
with economic depression... we should have kissed our gcs good buy forever..... now we r cursing obama for sitting on our gcs to favor illegals where as the truth is that administration was working on the admin fix and republicans got hold of the draft memo.... they deliberately leaked the memo resulting in replican senators and house members writing public letters in opposition of the admin fixes ending up in change in policy of not doing the admin fix..... and now people are again blaming obama for that.....
give this guy a chance..... it took 10 years to create the mess.... it will take more than 2 years to fix it..... try to look for more than just the media sound bites..... there is more to the real story than just the headlines.....
this country will never appreciate what obama did in a short span of 2 years..... public memory is very short..... the economy was in a shit hole like never before...... country was going down the tube.... major financial institutions had failed.... others were on the verge of collapse and so was the economy..... this country was headed for a next great depression with 30 % 40% unemployment..... today some people are thankless and think they are in so much trouble with 10% unemployment for not being able to upgrade from 55inch led flat screen to 65 inch led flat screen 3-d tv..... in 2 years there has been a major turnaround.... but in this world of instant gratification..... most people have already forgotten where we all were 2 years back.....
no matter how much people hate bailouts, tarp and stimulus..... economist across the board agree with these measures....... in case we forgot.... here is a reminder from the architect and collapse in chief..... who argued, rather pleaded for bailout and tarp..... but now pee party blames obama for bailiouts and tarp.....
YsDmPEeurfA
with economic depression... we should have kissed our gcs good buy forever..... now we r cursing obama for sitting on our gcs to favor illegals where as the truth is that administration was working on the admin fix and republicans got hold of the draft memo.... they deliberately leaked the memo resulting in replican senators and house members writing public letters in opposition of the admin fixes ending up in change in policy of not doing the admin fix..... and now people are again blaming obama for that.....
give this guy a chance..... it took 10 years to create the mess.... it will take more than 2 years to fix it..... try to look for more than just the media sound bites..... there is more to the real story than just the headlines.....
I'd like to add that I'm very appreciative of all the hardwork and leadership the IV team is showing. We can't really ask for a bunch of better people to lead us.
I know you all have spent tremendous time and resources (multiple trips to DC for people coming as far as Florida) and I would say you should divide up between yourselves whatever monies remain (if any) at the end of the effort. This will atleast go toward covering some of your out of pocket costs.
I know this suggestion is likely to be rejected, but I wanted to convey it, just to express my feelings...
I know you all have spent tremendous time and resources (multiple trips to DC for people coming as far as Florida) and I would say you should divide up between yourselves whatever monies remain (if any) at the end of the effort. This will atleast go toward covering some of your out of pocket costs.
I know this suggestion is likely to be rejected, but I wanted to convey it, just to express my feelings...
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EAD document - at least that's how it is in GA. The license will be valid till your EAD expiration date.
Also, in GA, if you are not a Citizen or a Permanent resident, you cannot renew our license online.
What if you are working on EAD on pending 485? What would be the acceptable document?
Also, in GA, if you are not a Citizen or a Permanent resident, you cannot renew our license online.
What if you are working on EAD on pending 485? What would be the acceptable document?
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Thanks for responding to my post.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
The Forum post on the link says that its not necessary to have the same or similar job description when working on EAD. What will happen when I ask for EAD renewal?
Also, what will happen when my Priority date becomes current? Will I be able to get a GC thru this I-485 since I have left the employer who filed my GC?
I should clarify that is "better" to have same or similar job when you are on EAD so that you labor certification-based green card application has a good standing if it is challenged at any point by the USCIS - it is a safe bet if you have a similar job. When I say it is not a necessary condition - it means that you can get any job you like, since there is nothing noted on the EAD application like it is on H1-B (with specific wage and job descrition) and if there is a challenge to your application by the USCIS, your attorney might be able to find reasons to justify why you are not in a same or similar job.
Again, to reiterate, as far as I remember, EAD renewal does not ask for job description. It is a simple application to issue an new card.
Since your I-140 has been approved for more than 6 months, you are within your legal portability rights (so called AC-21 clause) to switch employers without jeopardizing your pending adjustment of status "AOS" I-485.
My understanding is that one of two things might happen- either you will get an RFE or not. RFE can be triggered by many factors including notification from your previous employer to USCIS revoking the H1-B or other issues, including simple things like address changes. You can either provide AC-21 letter from your new employer when you get the RFE or do it proactively - listen to your attorney's advice on this.
If no RFE and priority date is current, you should get your GC as if nothing else happened. If priority date is current and at the time of GC adjudication there is an RFE, your attorney should be able to help you respond.
Don't sweat things too much - a lot of people have experienced life after the protective umbrella of H1-B and it is much nicer out here in the sun :)
Just get a good attorney to represent you personally in case your new emplyer does not have an immigration attorney on retainer for other immigrant employees.
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Hi all,
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
same here sent the form for EAD renewal on 05/7 , checks not yet encashed yet..
I have sent my application for ead renewal on 05/03 to phoenix lockbox. The application was rxd. and signed for on 05/04.
However i have not seen my checks cashed yet nor received any information from USCIS.
has anyone else experienced delays with phoenix lockbox?
What steps can i take now?
please advice.
same here sent the form for EAD renewal on 05/7 , checks not yet encashed yet..
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I read a post (sorry dont have the link) that they had juxtaposed first and last names while filling the app - called uscis and got it corrected.
You should call in with the receipt number reference and request to get it fixed
You should call in with the receipt number reference and request to get it fixed
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I recently moved to IL, I would like to join the IL state chapter.. please advise
I alreayd sent my info to IL @ immigrationvoice.org, whenever you get a chance pleaes feel free to contact me
I alreayd sent my info to IL @ immigrationvoice.org, whenever you get a chance pleaes feel free to contact me
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Hi,
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
Are there any one who filed at NSC on July 23rd and not received the receipt so far?
Thanks,
-rk.
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Pappu,
I am assuming that you are looking for someone who was "layed" off; not necessarily just the end of their contract??
May be you ought to expand the criteria to also include anyone who has changed their full time job will-fully?
Pappu,
I am assuming that you are looking for someone who was "layed" off; not necessarily just the end of their contract??
May be you ought to expand the criteria to also include anyone who has changed their full time job will-fully?
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Its the courtesy of USCIS and highlighting of our problems by IV made USCIS to issue cards for 2 years... there is no requirement that it should be as such... in general any EAD unless its L* is generally issued for 1 year with exception of C09-employment category where they are issued in looking at Priority date [ofcourse there are other exceptions like asylum... etc] if they dont get biometrics from their repository at the time of printing , they waive some of the features like fingerprint, signature etc.
Thanks for the explanation, now I understand why my wife got only 1yr validity, where as I got 2yr. In reality my wife got only 11 months validity, as the from date started a month before we actually received it in the mail. It is a big pain and expense to renew every 11 months, if this is the case. Another gripe is that my validity started 2 months before the current one expired, effectively reducing the 2yr to 1yr and 10 months. It still better than 1yr, but I don't understand why they get simple things like this wrong.
It is funny that I used to wait until the last minute to renew my car registration when I first arrived in the US, thinking I would loose time, but when I learned that that is not the case, I started registering at my convenience. Since EAD renewal is not as simple, we tend to apply early, and that results in getting some time lost. How early do you normally apply?
Thanks for the explanation, now I understand why my wife got only 1yr validity, where as I got 2yr. In reality my wife got only 11 months validity, as the from date started a month before we actually received it in the mail. It is a big pain and expense to renew every 11 months, if this is the case. Another gripe is that my validity started 2 months before the current one expired, effectively reducing the 2yr to 1yr and 10 months. It still better than 1yr, but I don't understand why they get simple things like this wrong.
It is funny that I used to wait until the last minute to renew my car registration when I first arrived in the US, thinking I would loose time, but when I learned that that is not the case, I started registering at my convenience. Since EAD renewal is not as simple, we tend to apply early, and that results in getting some time lost. How early do you normally apply?
Is anyone still upto doing something about the 140 situation?
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
These are just guidelines from a law firm. Most of the law firms were making money in porting cases for last two years, as number of new applicants were less due to economy. That does not mean that USCIS is going to approve these cases based on number of years of education. Porting within a company is a risky deal. Even though lawers dont make it sound like a big deal, for getting new clients. The old eb3 job that was used to file the first labor needs to be filled. If you are working with a desi bodyshop, be careful. You are inviting an audit.
