I-131 Application for Travel Document June 25, 2006
I-765 Application for Employment Authorization November 22, 2006
I-765 Application for Employment Authorization November 22, 2006
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I have been through this once. My company(a big one) lawyer said my position does not qualify for EB2. His main concern was salary was not enough. I got promoted to "Senior Software Engineer" and got into the required salary range. My labor and 140 were cleared. So my in my opinion salary range is also significant.
If you do not get an Infopass appt. walk in ...as it is an emergency (you amy loose your job) ! Take all docs that provide proof of that.
I had seen walkins accepted at my USCIS local office...
I'm went to the infopass website to make an appointment for interim EAD; I chose the "Washington Field Office" since I live in the DC Metro area. There are no appointments available in Aug and Sep!
This is unbelievable! What other options do I have?
Please advise. Thanks!
I had seen walkins accepted at my USCIS local office...
I'm went to the infopass website to make an appointment for interim EAD; I chose the "Washington Field Office" since I live in the DC Metro area. There are no appointments available in Aug and Sep!
This is unbelievable! What other options do I have?
Please advise. Thanks!
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That one phrase in your LC requirement could turn out to be a life saver for you. Can you further clarify the educational/experience requirements mentioned in LC. Was it Masters or equivalent with zero experience OR Bachelors with 5 yrs of progressive experience? Your educational evaluation should meet atleast one of the requirements mentioned in the LC. Either Masters or Bachelors + 5 yrs exp. I think for your educational background (non 4 yr BS degree), I feel more comfortable with getting the evaluation done to satisfy the BS + 5 yrs requirement rather than going for Masters equivalent. NSC is known to be strict w.r.t 3 yr BS degree when it comes to EB-2 cases. However, since your initial evaluation showed you as holding a masters equivalent, I am not sure if its a good idea now to try to defend your case with BS + 5 yrs equivalence. A good attorney would be able to guide you through with this. I also suggest you to consult any reputed attorney regarding this and get feedback on your company attorney's plans and not just blindly follow what your company attorney says.
This dude DOES NOT have a Bachelors Degree. He menstions that he has a 3-Year Diploma (not a 3 Year Degree Course like B.Sc, or BCA). So, his chances are slim. He was probably hired by a desi shyster who promised him a greencard in return for subsistence wages.
This dude DOES NOT have a Bachelors Degree. He menstions that he has a 3-Year Diploma (not a 3 Year Degree Course like B.Sc, or BCA). So, his chances are slim. He was probably hired by a desi shyster who promised him a greencard in return for subsistence wages.
If you are in March first week PD, you will be current from September 1st 2010.
I would do the following.
I will open a SR on the first working day of the September (As you have already done this and can not do one more SR in the next 45 days)
Will taken an infopass around 10th of September (Just waiting to see whether the date retrogress or not. If the date stays as it is for October 2010 i don't go to infopass otherwise i will go to infopass around mid of September to find out more details)
Thanks nrk for your thoughts and advice. Good luck !!!
I would do the following.
I will open a SR on the first working day of the September (As you have already done this and can not do one more SR in the next 45 days)
Will taken an infopass around 10th of September (Just waiting to see whether the date retrogress or not. If the date stays as it is for October 2010 i don't go to infopass otherwise i will go to infopass around mid of September to find out more details)
Thanks nrk for your thoughts and advice. Good luck !!!
our immigration department told me that as per USCIS regulation they can not apply earlier than 6 month of expiry date
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
Strange...
Apply on the date your 6 months are left. Use the couple of months before that to follow up with your employer and Lawyer and get all paperwork done and application packet ready. If lawyer or the employer is slow, then one needs to push them since ultimately you are going to be affected and nobody else.
The onus is on the H1B worker to be diligent and not leave everything to the last few months. DMV is only following the rules. Maybe some of them are not aware of the rules. The issue of not getting license despite H1B approvals, and H4s not getting DL is something one can take up as an issue with media and authorities. But just because the person did not bother to get the H1B extended until the last moment cannot be an excuse for relief when we approach the authorities.
So, what are the options for EB3-I? It appears that porting to EB2 will be more difficult moving forward due to difficulties in getting PERM approved especially for IT professions.
If the recapture of unused visas does happen, what is the estimate on how much EB3I would move?
If the recapture of unused visas does happen, what is the estimate on how much EB3I would move?
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USCIS has a list of colleges in their database.
So before paying money, make sure that it is worth. USCIS web site has the list, you can search and find.
So before paying money, make sure that it is worth. USCIS web site has the list, you can search and find.
You create your own luck, my friend!! God is not working against you or anybody else.
Very unexpectedly, just last year in a hospital, the doctor told me that unless I get operated ASAP, there is not much chance for me to live. As I was still trying to digest that news, I was thinking...
***k the Green card. ***k my job. I just want to live few more years until my son grows to at least 18 (he was just 1-and-a-half at that time).
And I really laugh about the whole incident now. And when I see others vent or getting upset about something, I can't help but get a smile. Because I learnt the hard way that we never appreciate what we have got and always complains about what we haven't got.
It's New Year time!! Enjoy and cherish your presence. And forget about the job/visa for a day or two.
I agree with you Punjabi, I just got an car accident awhile back and thought the same thing like you. even a NORMAL situation is a blessing. we should always appreciate everything that we have and then from there maybe all the things that we always want will come by themselves.
Happy New years All ... Let's enjoy and appreciate whatever that we have :)
Hopefully next year will be better that this year.
Regards,
Very unexpectedly, just last year in a hospital, the doctor told me that unless I get operated ASAP, there is not much chance for me to live. As I was still trying to digest that news, I was thinking...
***k the Green card. ***k my job. I just want to live few more years until my son grows to at least 18 (he was just 1-and-a-half at that time).
And I really laugh about the whole incident now. And when I see others vent or getting upset about something, I can't help but get a smile. Because I learnt the hard way that we never appreciate what we have got and always complains about what we haven't got.
It's New Year time!! Enjoy and cherish your presence. And forget about the job/visa for a day or two.
I agree with you Punjabi, I just got an car accident awhile back and thought the same thing like you. even a NORMAL situation is a blessing. we should always appreciate everything that we have and then from there maybe all the things that we always want will come by themselves.
Happy New years All ... Let's enjoy and appreciate whatever that we have :)
Hopefully next year will be better that this year.
Regards,
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There are way too many problems infront of Fed Chairman.
1) Asking people not to walk out of homes and pay up their loans
2) Making the wall street firms like Lehmen, bear sterns run their businesses as usual.
3) Contain the inflation so that long term interest rates are lowered.
4) Come out clean if the US policy is shifting towards Weak dollar or going back to string dollar policy. Either way US and world over have to face gyrations in near term.
There is blood on everybody's hands for the mess we are in.
1) Japan for too long provided the world with cheap loans (~1%).
This money not only found its way to corprate India but also into US
Housing markets.
2) Americans spent money much much more they earn or worthy off.
3) Globalization created another affect (Read Alan greenspan's 'economic conundrum' theory). Google it, you will find plenty of articles.
4) China for too long manipulated their currency and provided the world cheap goods.
5) Oil exporting countries didn't utilize the profits in developing their countries and economies. Instead they started buying aasets all over the world causing unsustainable price levels in asets.
6) Indian software industry far too long booked profits without developing/diversifying into enterprise strength products and remained fixated on their business models. Software sector is staring clueless and is unprepared for the fallout of outsourcing industry. Pink Slip culture is on the rise.
How do we come out of this financial mess in US?
There is no easy solution.
10,000 people buying homes will not help this economy. On contrary, 10,000 people not buying homes will help.
1) Asking people not to walk out of homes and pay up their loans
2) Making the wall street firms like Lehmen, bear sterns run their businesses as usual.
3) Contain the inflation so that long term interest rates are lowered.
4) Come out clean if the US policy is shifting towards Weak dollar or going back to string dollar policy. Either way US and world over have to face gyrations in near term.
There is blood on everybody's hands for the mess we are in.
1) Japan for too long provided the world with cheap loans (~1%).
This money not only found its way to corprate India but also into US
Housing markets.
2) Americans spent money much much more they earn or worthy off.
3) Globalization created another affect (Read Alan greenspan's 'economic conundrum' theory). Google it, you will find plenty of articles.
4) China for too long manipulated their currency and provided the world cheap goods.
5) Oil exporting countries didn't utilize the profits in developing their countries and economies. Instead they started buying aasets all over the world causing unsustainable price levels in asets.
6) Indian software industry far too long booked profits without developing/diversifying into enterprise strength products and remained fixated on their business models. Software sector is staring clueless and is unprepared for the fallout of outsourcing industry. Pink Slip culture is on the rise.
How do we come out of this financial mess in US?
There is no easy solution.
10,000 people buying homes will not help this economy. On contrary, 10,000 people not buying homes will help.
One who introduced the bill? Or our state senetors or our Representatives? Or someone in particular? I am NJ.
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I am looking for help in wrongful I485 denial of 485 with AC21 .
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
below is my situation .
Company A :
Pd: 12/31/2003
Category : EB2 India
Labor cert approved : 3/30/2004
I 140 RD : 4/13/2006
I140 approved DT: 9/21/2006
I 485 sent : 7/2/2007
I 485 RD : 7/5/2007
I485 ND : 7/13/2007
Finger print : 9/2/2007
Company B :
joined Date: 2/14/2008 (after 6 months)
Filed AC21 by company attorney
contacted congressman's office when PD become current for more than a year but no approval. Got response that it is pending in extended review.
Left Company B to move South side because of health issue ( winter) .
Company B understood the situation and left in good terms with them.
Company C ( Full time )
joined Date: 12/14/2009
Used EAD .
I140 LUD: 1/29/2010
I485 denial email : 25/2010
Thanks
-vinod
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Me too.. I will start my company and work for it....enough is enough...no more getting scared..oh what will happen if the IO doesn't like my face..ot the way i dress....:D:D
Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?
Do we have any conclusive evidence of these cases? Have we seen prior cases being approved using this approach?
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Yes, you are right....he did indeed use "passive resisitance" in South Africa. We all learned about it in school and I can remember the idea making a HUGE impact on me as a kid.
So I guess it does more than "work in a foreign land"....it can change individual's worldviews!
If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
So I guess it does more than "work in a foreign land"....it can change individual's worldviews!
If Martin Luther King Jr. can use the views of Gandhi successfully, why bother what we learnt in School?
Has anyone seen the statue of Mahatma Gandhi at the MLK memorial at Atlanta as well as a whole section devoted to Gandhi in the museum.
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Yes, it is one of those random lotteries with some sequence in it :-)
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I respect all the holidays and I would like to celebrate with you guys, but what is the meaning of Diwali?
here you go ...
http://en.wikipedia.org/wiki/Diwali
here you go ...
http://en.wikipedia.org/wiki/Diwali
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My only problem is where will these illegals join the line ("Hope they have to join the line somewhere"). If they join the line at the 140 stage directly ie if they dont require labor certification, then what about the 100s of thousands of people waiting for labor clearance (for example im waiting from Aug 2001).
If they join the line directly at 485 ie if they pass a law saying illegals who have been in this country for 5 years can adjust their status straight away. ie file for 485 right away, what about the guys waiting for labor or 140 with all kinds of wage RFE etcs?
I guess if that passes all the legals who arrived here before 2001 are covered anyway. All they have to do is destroy their passports, throw away their immigration docs and apply as an illegal. :-)
So unless the law says they have to apply for labor certification its unfair. Its amnesty.
Even if they have to apply for labor, they will apply in perm and jump the line. (Unless the visa dates for Mexico stays retrogressed). In my case I cant do that because im in the 7th year and have been with the same firm for the last 5 years. So I cannot apply perm without taking a big gamble on loosing the priority date. (My job description has changed a little bit). So either way, Im screwed.
If they join the line directly at 485 ie if they pass a law saying illegals who have been in this country for 5 years can adjust their status straight away. ie file for 485 right away, what about the guys waiting for labor or 140 with all kinds of wage RFE etcs?
I guess if that passes all the legals who arrived here before 2001 are covered anyway. All they have to do is destroy their passports, throw away their immigration docs and apply as an illegal. :-)
So unless the law says they have to apply for labor certification its unfair. Its amnesty.
Even if they have to apply for labor, they will apply in perm and jump the line. (Unless the visa dates for Mexico stays retrogressed). In my case I cant do that because im in the 7th year and have been with the same firm for the last 5 years. So I cannot apply perm without taking a big gamble on loosing the priority date. (My job description has changed a little bit). So either way, Im screwed.
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Well said. If some american kid had won, these same guys would have said "wow, how I wish .."
When it is our kids winning, it is all cheap and silly !
Are you crazy. Why are you deviating.
If you know basic english look at the thread completely.
Nobody talked bad about your winner.
When it is our kids winning, it is all cheap and silly !
Are you crazy. Why are you deviating.
If you know basic english look at the thread completely.
Nobody talked bad about your winner.
AND ONE MORE THING. THESE PROCESSING DATES ARE FOR RENEWAL APPLICATIONS. NOT FOR NEW APPLICATIONS. FROM MY EXPERIENCE I SAW FIRST TIME FILERS ARE GETTING THEM IMMEDIATELY THAN RENEWALS WHICH WERE TAKING 2-3 MONTHS.
It does not anywhere say that this timings are for renewal. I have my 3rd EAD now. Everytime, I got my EAD approved based on processing times given in the web site. I found one difference, when I filed my 1st and 2nd EADs at California, I got them in 1 month(but again based on processing times). Now the 3rd one, I got in 3 months(again based on processing times)
It does not anywhere say that this timings are for renewal. I have my 3rd EAD now. Everytime, I got my EAD approved based on processing times given in the web site. I found one difference, when I filed my 1st and 2nd EADs at California, I got them in 1 month(but again based on processing times). Now the 3rd one, I got in 3 months(again based on processing times)
although this doesn't fit 100% to your case. You may want to look at the attached administrative appeals office decision.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
2 year back my I-140 got rejected due to same reason 3+2 degree.
Essentially, a person was denied in eb2 because they had a 3 yr bsc and 2 year masters. they had education evaluationstating that masters indian degree was equal to us masters degree.
nebraska service center stated that 3+2 is not equal to masters degree. Admininstrative appeals office decision approved it saying that it didn't matter how long the combined study was. As long as foreign masters equals us masters then that is all which needs to be proven.
My experience has been that texas service center sends an rfe for this 3+2 education. I know of 8 cases where thie decision was shown in the rfe and they all 8 got approved. I know of one case in nebraska where this case was shown and they still denied it stating that it wasn't a precedent decision (person already had another 140 denied and there was some history in his case which i believe caused nebraska to deny it). Odd part was that the appeals office decision was from nebraska service center
2 year back my I-140 got rejected due to same reason 3+2 degree.
