The hard part about a consulting position in your scenario is the ability to keep your project pipeline flowing.
If you are in a field like say SAP where the demand is always there, its easier to market yourself without too much effort.
My personal opinion, note your skillsets, see if they are hot in the market and if so, keep your options flexible and try to market directly. If you are not comfortable networking or being in constant touch with resources that can help you with an opportunity, then consult under a firm...
If you are in a field like say SAP where the demand is always there, its easier to market yourself without too much effort.
My personal opinion, note your skillsets, see if they are hot in the market and if so, keep your options flexible and try to market directly. If you are not comfortable networking or being in constant touch with resources that can help you with an opportunity, then consult under a firm...
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Thank you La_guy and others....
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.
Good Luck..
RV
Do they ask me regarding this at the POE? In what forms do I have to fill the info? I am not sure, as one of you suggested, if they ask we will tell them. But does this record appear in their computer screen and if we did not mention to them, will it be treated as another crime?
God please help me , It's THE WORST thing ever I did and been trhu a painful experience
Thank you guys........
If not expunged, it will FOR SURE pop up immediately they punch your name in. You certainly can not lie there. You will be deported. If expunged, you still have chance BUT NOT to lie..If the form ask " If you have ever been arrested" say yes and as others suggested have all your documents ready from court but make sure you have all originals and notarized documents if required for all court orders pertaing to your case.
Good Luck..
RV
It all depends on the job requirements. MS+0 or BS+5 is considered as EB2. May be you can get a written statement from another well known attorney to help convince yours. Or you can try to use a different attorney if your employer permits.
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
Thank you all for the responses.
I am EB-ROW and EB2 is current for me.
GoneSouth,
you said "you must get a job zone 5 classification to file EB-2. Note that "information technology manager" is job zone 5". I am not in a manager position. I am software engineer/developer.
Is there any way EB2 can be filed. What should I tell my compary lawyer? I told him my friends in other companies are able to file EB2. they are also software developers. He says "The other companies should not be able to file EB2 for software engineers but I can't say what another company's hiring history would allow and what they are willing to risk in filing a case which surpasses the minimum requirements allowed by DOL."
How do I convince him. Is there any documentation or link which I can show him which states that software developers can file EB2?
Thanks again all..
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Citizenship is going to happen only after 5 years . But by then it would be long time gone .
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
They will know because when you fill out the N-400 application form, you are required to list your employment details for the last 5 years.
the only way that they could find out would be based on your tax return.DO they really scrutinize to that extent?
They will know because when you fill out the N-400 application form, you are required to list your employment details for the last 5 years.
Except for 8 & 9..what do they mean?
Every movement should have following factors to succeed.
1) strategic, honest and commited leadership
2) strategic think tanks
3) High moral and ethical ground
4) Dedicated volunteers
5) high volume support from affected masses
6) Strong communication network
7) Constant flow of required finance, its control /management and proper
usage
8) strategic organization
9) strategic intelligence
10) Simple but valid and highly effective fighting methods.
What do you think, in which area you can be fit to make our movement stronger?
Every movement should have following factors to succeed.
1) strategic, honest and commited leadership
2) strategic think tanks
3) High moral and ethical ground
4) Dedicated volunteers
5) high volume support from affected masses
6) Strong communication network
7) Constant flow of required finance, its control /management and proper
usage
8) strategic organization
9) strategic intelligence
10) Simple but valid and highly effective fighting methods.
What do you think, in which area you can be fit to make our movement stronger?
105 Active users viewing this thread...If each one participates in the advocacy day just imagine the impact...there will be news coverage in all the major media outlets, newsspace in desi diaspora... Senators and their aides will think "If these many of my constituents benefit from visa recapture/country cap elimination etc, LET US DO IT"
Register here folks....Lets stand up and be counted....
ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Register here folks....Lets stand up and be counted....
ImmigrationVoice.org - Advocacy Update (http://immigrationvoice.org/index.php?option=com_content&task=view&id=80&Itemid=36)
Even if the Labor cert says "Masters" then as long as you had BS + 5 years experience before you filed for labor, to qualify for EB2, this should be ok.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
This statement is not true. Minimum job qualifications should clearly mention the degree required or other alternate degree(s) with experience which would suffice. Moreover, it is a standard misconception among the community about Eb-2/Eb-3 categories being determined under Labor Certification stage. USCIS is the one which classifies applications under different categories (EB-1,2,3, etc) based on degree and/or yrs of experience, not DOL.
Labor certification determines the following: Minimum Job requirements (Education + experience required, if any), Job description/duties, Prevailing Wage. When filing I-140, if the job requirements meet a particular category and labor certification has been approved and the candidate meets the job requirements (education/experience as defined in LC), then the company can file in the appropriate EB category. Note that, even though if you have an approved LC that will qualify you for an EB-2 case, you also have an option to file for EB-3 I-140 with that LC instead of EB-2. Some companies deliberately do this to keep the beneficiaries employed with them for a longer duration.
Now coming back to the OPs case, I observe the following from the information posted so far:
- Labor was filed with a minimum requirement as Masters degree. No alternate degree requirement or equivalency was mentioned.
- USCIS mistakenly approved the I-140 (I am assuming OP does not have a US Masters and only has masters equivalent or BS + 5 yrs)
- Sponsoring employer revoked approved I-140
- USCIS checked the I-140 and realized it made a mistake in initial I-140 approval
- USCIS denied the pending I-485 based on incorrect I-140 approval
If all of the above is correct, then I doubt if anything can be done. I dont see any grounds to file MTR based on the fact that beneficiary does not have a US Masters degree which is the requirement as indicated in LC filing. I dont think you can do anything with respect to USCIS's mistake in approving I-140 earlier and now denying it. Got to wait and see what the attorney's view is in this regard.
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LazyCIS,
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
====
i AGREE ..you should find another lawyer the DA respects
The case is not in his wife's hand anymore. As soon as the police came on site the case is People Vs Terriblething. Only thing is that the DA may be a little weary of pushing too much if his only eye witness (the Wife) does not want to push the matter.
TerribleThing,
You really really need to consult another lawyer who has better relationship with the DA.
====
i AGREE ..you should find another lawyer the DA respects
Just Thought
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
- satish
TSC approving old PD I140 first and that is suffient for demand supply ratio. no approval possible with PD'2005 EB2 cases for contries like India.
There is 200k application without 140 approval, this is including july filers.
there is lot of chnace for those who got their I-140 approved, even their PD '2006.
you can see people getting approved PD'2005 EB2 cases, even then VB says now 2004'apr for EB2.They are not processing based on PD now and in future also i gues.Since we have already filed.PD will restrict only to File I-485 in future.
- satish
TSC approving old PD I140 first and that is suffient for demand supply ratio. no approval possible with PD'2005 EB2 cases for contries like India.
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ZERO
I think Senate is serious in passing the bill. Some of senators worked hard for months to draft this bill. But House reaction we will come to know after Senate passes. There can be lot of things which can derail the bill as both pro-immigrants and anti immigrants are not happy about the bill but both group got something.
What are the chances to pass the bill?
What are the chances to pass the bill?
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Vinod,
As mentioned earlier in this thread send an email to info@immigrationvoice.com with your details.
Sameer
As mentioned earlier in this thread send an email to info@immigrationvoice.com with your details.
Sameer
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There are limits to everything - and to worries too. Of course you don't want to be taking meaningless risks, but to live like a chicken is not an option either. But this is more philosophical, here is my question.
USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?
Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?
People who left employer early or want to leave early will say it is ok; because it suits their needs.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
USCIS may send RFEs for whatever and whoever they think it's reasonable. They can investigate and reinvestigate and GC holders and citizens, it's their job. Now tell me. How many you know of GC holders who got denied their citizenships because they just threw away their W2s? How many GCs were actually revoked and people were deported because USCIS investigated company and found out that most of the employees were H1b?
Here is case of my cousin, he had his GC for many years, his wife and kids got citizenships. He didn't because he didn't accrue his 5 years in the US. He felt that he would be more successful in his home country. So he had business over there and was traveling back and forth to/from US. Once, at airport the immigration officer asked why he was traveling so much? He honestly answered "i'm doing business abroad". What do you think? INS officer initiated investigation and put him on deportation. Reason? "Absence of immigration intent!!!!". The case was quickly dismissed by immigration judge. My cousin was telling me how angry the judge was at prosecutors, he told them not to waste tax money like this anymore. So... what would be the right choice for him? Taking risk and making money (now he has a $1M house in LA) or be "careful" and live in some crappy hollywood apartment until his citizenship?
People who left employer early or want to leave early will say it is ok; because it suits their needs.
People who plan on staying later or don't have any intention of leaving early will say to stay.
Bottom line is it is upto everyones own risk tolerance. I have just seen some of the biggest cowards in terms of immigration all of a sudden get so brave after they got the greencard.
If people are waiting years and playing it safe then what is the possible harm to wait a little longer and not get riled up by every small story of someone who got questioned at citizenship time, etc.
Immigration laws don't change very often; however, uscis interpretations and memos do change quite frequently. When you have to start hiring lawyers, go to court, face uncertainty then we'll see how brave people are.
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Does this mean we even cannot upgrade to PP after August 1st, when the premium processing will be available...???
It means you cannot file between July 2 and Aug 1, at least for now.
It means you cannot file between July 2 and Aug 1, at least for now.
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I have citizenship already. I am just waiting for GC:)
Good one friend!
Good one friend!
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With all due respect, the probelem I have with volunteers is that I don't think amtures can pull a job this big, you've got to have profesionals, somethng like a compain maneger.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
hey there,
i am a silent reader of this forum. you have to agree that iv has given the opportunity to file i-485's...forget about how many has not filed or missed the window but they provided the opportunity...and if you don't want to contribute then simply don't do....stop underestimating them....they do something about it instead of allowing changes to happen by themselves...they try to make changes in every possible aspect...so please don't contribute if you don't want to and stop badmouthing them.
I admire the courage of your guys, and think the goal is fantastic. But the way it goes, I don't see how it can be achieved.
I've learned a great deal about immigration from the forum here. I very much appreciate it. I try to give back by answering questions others may have. I think IV has been doing a great job serving as that capacity.
But you guys want do something bigger. Well, you have faith in it, I don't, at least not now, neither many others. Maybe that is why you are still asking for money and volunteers.
hey there,
i am a silent reader of this forum. you have to agree that iv has given the opportunity to file i-485's...forget about how many has not filed or missed the window but they provided the opportunity...and if you don't want to contribute then simply don't do....stop underestimating them....they do something about it instead of allowing changes to happen by themselves...they try to make changes in every possible aspect...so please don't contribute if you don't want to and stop badmouthing them.
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i'll break my word for one last piece of advice for my sensistive friend:
"The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."
no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have...you have my respect, you are too good in that case to waste your time complaining about this stuff.
Probably, that's the reason why most lawmaker ignore us because of these comments. For them, we are aliens. We are not their contituents. And I think these country centric comments makes it worse.
"The very reason why we join this forum so that we can, as whole, say something that may influence the law makers of this country to change the existing laws so that our problem with GC will be resolve."
no lawmaker is bothering to read this silly thread. Please stop dreaming. if you want to influence, go meet them! that remain's iv's official word on the matter too...see the meet the lawmaker campaign. and if you already have...you have my respect, you are too good in that case to waste your time complaining about this stuff.
Probably, that's the reason why most lawmaker ignore us because of these comments. For them, we are aliens. We are not their contituents. And I think these country centric comments makes it worse.
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Emailed and Faxed the letter to Saxby Chambliss, US senator of Georgia
That's great.
That's great.
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This is def not right...I checked out the 'News' section (see link below) on the website which published the bulletin...how come they have published only the Sept bulletin and NOT any other month's bulletin....
Pederson Immigration Law Group, P.C. - News (http://www.usvisainfo.com/content/category/1/1/31/)
Pederson Immigration Law Group, P.C. - News (http://www.usvisainfo.com/content/category/1/1/31/)
I am on H4 Visa. Recently i got charged with misdeamener for comming out of store with out paying bill for one of the product. Not arrested and no finger prints taken...just given a slip to attend the court. My attorney advised to attend first time offender program, where after some community service, my case would be dismissed and i need to file for an expungement for trashing all criminal records. Now my question is i have my H4 extension that needs to filed in jan 2012. If my expungement process don't complete before my husband file for h4 extension, will USCIS deport me for having criminal record ?
If there is a possibility for deportation, then i will be leaving to my country then get deported. So that my husband will only file h1B extension and later we both will move to canada at some point as we have PR in canada.
Any advise, will be highly appreciated.
Thanks,
Roxy
If there is a possibility for deportation, then i will be leaving to my country then get deported. So that my husband will only file h1B extension and later we both will move to canada at some point as we have PR in canada.
Any advise, will be highly appreciated.
Thanks,
Roxy
Even my 140 was filed with CP. My PD was current last month. I filed my 485 (AOS) last week. As per my attorney if CP is specified in your 140, you have 2 options. You can file CP or AOS. You can just file for AOS. No need to convert. But AOS is speicifed in your 140 and want to convert to CP. Thank you need to file some form.
Thanks for the update. I received the same answer from my attorney as well.
Thanks for the update. I received the same answer from my attorney as well.
