andycool
06-10 07:46 AM
Hello All,
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
The below are the links from 3 different state Govt Admission Requirements for engineering which clearly mention about
Lateral Entry guys do little research ...you can fine such documents for all states in India
Google it and you will find such documents for every university .....
http://techeduhry.nic.in/brochures-0...hure-BE-09.pdf
http://www.vyapam.nic.in/Rulebooks/R..._RULE_BOOK.pdf
http://www.annauniv.edu/academic/be_...1_20.01.05.pdf
http://vtu.ac.in/regulation/05.B.E.-B.Tech.pdf
Thanks
Mail me your contact no.
I was reading at some of the posts in this forum and they seem to have been quiet helpful.
My company has decided to go ahead with my GC process.
Its in the very early stage, but my immigration specialist gave me a heads up regarding something.
She said, that as I have a 3 yrs BE degree the USCIS may not recognize me under EB2 category :confused: So I explained her the education system in India, but she said that it depends upon the Credential Evaluation Agency which will process my educational qualification and prepare a report and submit it to USCIS.
Following this USCIS will make a decision whether to grant EB2 or EB3 category.
I am sure many of the members may have faced a similar Dilemma....Is there any specific solution to this?
To be precise I completed my Diploma from Mumbai & Degree from Pune University, followed by MS in US and currently working on H1B.
Please Advice.
Thanks,
Shakti
The below are the links from 3 different state Govt Admission Requirements for engineering which clearly mention about
Lateral Entry guys do little research ...you can fine such documents for all states in India
Google it and you will find such documents for every university .....
http://techeduhry.nic.in/brochures-0...hure-BE-09.pdf
http://www.vyapam.nic.in/Rulebooks/R..._RULE_BOOK.pdf
http://www.annauniv.edu/academic/be_...1_20.01.05.pdf
http://vtu.ac.in/regulation/05.B.E.-B.Tech.pdf
Thanks
Mail me your contact no.
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perm2gc
08-24 10:28 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIAEveryone preserves their H1 for the worst cases that might be coming in future..
You check the USCIS website and check yourself whether you can do it yourself or not.
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIAEveryone preserves their H1 for the worst cases that might be coming in future..
You check the USCIS website and check yourself whether you can do it yourself or not.
anai
06-04 10:36 AM
Thank you, guys! It is not clear whether Statistics is a STEM major, but I think it is reasonable that it is, since Statistics is a branh of Math. Some universities have Statistics departments and others have Statistics as a concentration in a Math graduate program.
As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?
(Couldn't resist. Just trying to find something humorous in our common misery.)
As a statistician, can you not live with something like "There's an 80% chance that statistics is considered part of the "M" in STEM"?
(Couldn't resist. Just trying to find something humorous in our common misery.)
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chandra_mb
07-19 12:46 AM
Hi nlssubbu,
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
Thanks for the reply. We are in the US now, and already submitted all the papers etc.., to the lawyer. But the lawyer only applied for 485 on July 2nd. So we have to apply for EAD after we get the 485 receipt. Spouse might have to travel abroad due to a family issue, so was wondering if we can file the EAD without the dependents being here in the US. Thanks !.
more...
tikka
07-06 11:44 AM
If I have approved LC and I140, can't i get 1yr (or if PD dates are retrogressed get 3yr) H1 extension??
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
if dates are retrogessed you get 3 year extensions..
if they are not then you apply for 485 :)
vinzak
03-07 04:51 PM
MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)
Thanks for the link.
Apparently you can file a service request after 75 days. I guess that's good news give the overall situation.
Thanks for the link.
Apparently you can file a service request after 75 days. I guess that's good news give the overall situation.
more...
calboy78
11-10 01:55 PM
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
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wandmaker
04-04 11:47 AM
The work location in LCA was company headquarter in Houston. H1 petition was submitted with LCA from Houston.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
I have worked in Colorado from 2005 onwards. Company obtained LCA for Colorado, but did not file amendment with USCIS. They paid wages as per Colorado LCA, also filed CO state tax, etc. This was the scenario for both 2005 and 2007 h1 petitions.
Violation of visa terms. One can not predict the success rate of h4 stamping, it is upto the consular officer. Getting a H4 just gives you an option to make a lawfull entry and live in the US, does not eliminate the risk of 485 denial because one should have maintained the proper status until the filing of 485.
more...
sameet
04-14 03:20 PM
With AC21, any employer with same/similar job description as in LC, can sponsor you (meaning promise to employ you upon your getting getting GC, and you agreeing to be their employee). In the meantime, you may be working for anybody, but not working for the sponsoring employer, might raise doubts of your and sponsoring employer's real intentions, resulting in RFE/interview etc.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
Six month rule is just a general guideline. Intent behind this is that sponsoring was genuine, not just to get you GC. Circumstances can always change, before or soon after your getting GC for which you might want to keep documentation, just in case.
Let me get this straight:
I have a pending 485 through employer A and then switch my H1B to Employer B. In that case, if I file AC21 through Employer B as long as the position is same/similar (meaning in the same classification with similar responsibilities) will it cause any issues in getting a green card? Note that I will already be working for Employer B when I get the GC.
Just wondering if this situation would raise doubts in the IO's mind.
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chanduv23
09-15 09:59 PM
No place for the selfish - and for those lazy people expecting others to do it for them
AMERICA IS FOR THE BRAVE,
WORLD IS FOR THE BRAVE
NO ROOM FOR SELFISH
NO ROOM FOR COWARDS
NO ROOM FOR LAZY
AMERICA IS FOR THE BRAVE,
WORLD IS FOR THE BRAVE
NO ROOM FOR SELFISH
NO ROOM FOR COWARDS
NO ROOM FOR LAZY
more...
roseball
05-02 02:09 PM
It shouldn't be a problem if you get into a financially sound company and hire a good attorney...PERM and I-140 shouldn't take more than 6 months if you hire a good attorney.....
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chunky
07-26 03:04 PM
My company filed my green card and have applied for 485 for me and my wife on July 19 with July visa bulletin reinstated. We have also applied for AP and EAD for my wife. We both are on H1 at this time. My wife' job is going to end by month end.
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
Does she need to file change of status to H4 or it is fine to stay in US with AOS pending status.
My 140 is still pending
more...
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gceb3holder
02-27 08:09 AM
Right, the problem is: I do travel a lot and that makes a part time job difficult to find....
Other thing, the 6 months, is counted from the receipt date or the approval date?
Other thing, the 6 months, is counted from the receipt date or the approval date?
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shirish
03-14 03:20 PM
My parents came on Jan 10th on Luft from Bangalore and they did not need a transit visa. I hear that the only time you may need a transit visa is when you are traveling to India on an expired US Visa. Even over this there is confusion.
You are right. I checked it with Germen consulate in DC few days back.
You are right. I checked it with Germen consulate in DC few days back.
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eb3_nepa
10-25 04:11 PM
EAD card approvals in the case of primary + spouse are TOTALLY INDEPENDANT of each other. So just coz your ead is approved does NOT mean ur wife's will be approved as well. Your wifes may get approved at the same time or even a few weeks later.
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Aah_GC
07-13 12:32 PM
Bend it like Beckham mates! Get funky hairstyles, market yourself well and play some average soccer with all kind of funky logos on your shirt.
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tikka
05-29 09:40 PM
I went to the web fax link from the home page and sent out the only web fax that was there.
to all the states right?
i mean you can click on on each state and send one by one
this would really help. we are trying to send 3,000 faxes and your contribution would be be great!
thank you
to all the states right?
i mean you can click on on each state and send one by one
this would really help. we are trying to send 3,000 faxes and your contribution would be be great!
thank you
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aristotle
08-08 01:19 PM
San Jose. Courteous, but curt.
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eb3India
05-21 10:26 PM
oh well,
we got a bigger fish to fry, I am sure those who might be using labour subs are legals here at one point and they do have a job,
we are not going to gain much by these ammendments,
I am just curious how much authority does USCIS and DOS have to alter our situation.
I am still waiting for response from IV core members
we got a bigger fish to fry, I am sure those who might be using labour subs are legals here at one point and they do have a job,
we are not going to gain much by these ammendments,
I am just curious how much authority does USCIS and DOS have to alter our situation.
I am still waiting for response from IV core members
sobers
05-26 08:40 AM
QGA & IV: thank you from the bottom of my heart! you guys rock. There ought to be some fairness in the process of immigration reform...one that does not penalize legal immigrants...you guys have shown that it can be done.
gc_chahiye
11-27 04:12 PM
Hello GC_Chaiye,
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
Thanks for your reply. The consulting firm is saying that they have sent it to DOL before July 15 and are waiting for the reply for the Substitution( I really doubt the legality of that statement). In case if there is a provision then How can we check the status of it?
MY friend has to bear the expenditure for the I140. He just came back to US after 5 months and would like to know weather he can spend 1500$ on this unrealistic Labor.
thank you
I dont think you can check LC status on your own by just calling up DOL, the petitioner (the employer) or their representative can. See if they'll atleast give you a case number that you can try your luck with.
Atleast with PERM you typically need to sign the LC and send it alongwith the I-140 application. Ask for a copy of the approved LC. Also, ask if they are ok with you using your own attorney for this (its worth the expense).
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