malaGCPahije
08-08 09:38 AM
You can't move to EB2 if both employer and position remain the same. I was promoted after working with them for 3 years!:rolleyes: Plus I have a Masters in Computer Science. My new position required more experience and a Master's Degree, hence qualified for an EB2.
Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.
This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.
Similarly, you can change employers and look for a better job. Then you can use the experience gained at the previous employer. But, ALWAYS, the job requirement has to state the need for years of experience or Advanced degree.
This helps answer my question. I am a little unclear about promotions and whether that will qualify one for a new labor, etc. I personally am not planning to change anything at the moment. My promotion, etc is not being stalled because of my status. So I am OK. Thanks again for your answer.
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sammyb
02-15 05:14 PM
can you pls provide some detail info .. I will be going to India soon and need to get my visa stamped ... if I can make sure that the H1 info is there in PIMS beforehand that will provide much comfort ...
also regarding your H1, is it a fresh or extension or transfer ... when was it approved ... appreciate your inputs ...
I called the Nogales (mexico) US embassy and they were able to look up the PIMS system using the petition number.
I hope the PIMS is a "centralized" system. So even the consulate in India would be using the same.
also regarding your H1, is it a fresh or extension or transfer ... when was it approved ... appreciate your inputs ...
I called the Nogales (mexico) US embassy and they were able to look up the PIMS system using the petition number.
I hope the PIMS is a "centralized" system. So even the consulate in India would be using the same.
GCWORRIES
07-09 06:43 PM
Whatever way it is USCIS has again lived upto its July fiasco, return I 485 applications without accepting and now send the flowers away to hospitals without accepting....end of the day...no evidence left behind..
Seems popular logic with USCIS....
Seems popular logic with USCIS....
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shahuja
02-11 12:46 PM
hello all..
desi_doc..i got the washington approval on jan 25th and still waiting !
nkalpana, you still waiting here on IV or gone ??
rest..just fyi..i will be finishing my one month wait tomorrow :-( and wait continues......................................... ..
desi_doc..i got the washington approval on jan 25th and still waiting !
nkalpana, you still waiting here on IV or gone ??
rest..just fyi..i will be finishing my one month wait tomorrow :-( and wait continues......................................... ..
more...
rcr_bulk
08-25 05:29 PM
This is true. Lingo customer service is bad. Now I am stuck with them for 2 years. Rep was rude. Talked to the supervisor. Even he was rude. Asked him to pass me on to his manager. He refused to directly transfer to his manager.
I am even thinking of paying $100 cancellation fee and get off their service.
I am happy that Vonage came up with a good plan.
I don;t mind paying some bucks more for quality service.
I am even thinking of paying $100 cancellation fee and get off their service.
I am happy that Vonage came up with a good plan.
I don;t mind paying some bucks more for quality service.
pappu
08-21 12:38 PM
The law unambiguously states that for employment based categories - EB1 spillover should first go to EB2 and whatever is not required by both EB1 and EB2 will spillover to EB3. If the USCIS has been doing something different previously they were actually not following the letter of the law.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
Here are the relevant sections of the INA which unambiguosly states the above.
Here is what Section 203 of the Immigration and Nationality Act states -
EB1 -
(1) Priority workers. - Visas shall first be made available in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (4) and (5),...............
EB2 -
(2) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. -
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraph (1) ...............
EB3 -
(3) Skilled workers, professionals, and other workers.-
(A) In general. - Visas shall be made available, in a number not to exceed 28.6 percent of such worldwide level, plus any visas not required for the classes specified in paragraphs (1) and (2), .........
If all these years they were misinterpreting the law, where were lawyers and AILA raising their voice to correct this mistake? This error was deeply affecting the clients of lawyers.
We need to see more proactive activism of lawyers in matters such as these that are very important for the community. If not, members need to learn the law and do such research themselves. IV core team has been trying its best to read the law and create presentations and research documents whenever we have an important action item or bill on the floor. I would urge the community to read the law on their own as and when needed and raise their awareness.
more...
abhijitp
07-31 04:46 PM
You can withdraw an existing 485 application once you get Receipt No. Just write a letter to USCIS asking them to withdraw your 485 application stating the reason for withdrawl.
If that's true, I hope they also accept the missing inital evidence, that is sent later, as long as the A# is provided.
If that's true, I hope they also accept the missing inital evidence, that is sent later, as long as the A# is provided.
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kushaljn
01-03 03:05 AM
My Experience (PIMS):
I was interviewed at Mumbai Consulate on 28th Dec. At the interview I was told that I will receive an email from the consulate within 24-48 hrs at which time I will have to resubmit my passport at any one of the western US VFS centers along with the email and the yellow paper and a photo copy of my I-797.
I gave my passport to one of my friends in Mumbai and continued with the rest of my trip. Till date I have not received any emails from the consulate.
Any body in similar situation and any tips on what should be the next course of action.
Thanks.
I was interviewed at Mumbai Consulate on 28th Dec. At the interview I was told that I will receive an email from the consulate within 24-48 hrs at which time I will have to resubmit my passport at any one of the western US VFS centers along with the email and the yellow paper and a photo copy of my I-797.
I gave my passport to one of my friends in Mumbai and continued with the rest of my trip. Till date I have not received any emails from the consulate.
Any body in similar situation and any tips on what should be the next course of action.
Thanks.
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mihird
09-13 11:20 PM
Several people on the forum seem to be getting fingerprint notices, EAD, AP etc. in mail.
I am one of the few July 2nd filer who has not seen any activity on my case yet..no checks cashed, no 485 receipt, no EAD etc. etc.
I am just trying to guage as to how many of us July 2nd filers are in this boat.... my 140 was approved from TSC, 485 was mailed to NSC..
Application received by J. Barrett 10.25 am July 2nd
I am one of the few July 2nd filer who has not seen any activity on my case yet..no checks cashed, no 485 receipt, no EAD etc. etc.
I am just trying to guage as to how many of us July 2nd filers are in this boat.... my 140 was approved from TSC, 485 was mailed to NSC..
Application received by J. Barrett 10.25 am July 2nd
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innervoice
08-15 02:06 PM
I'm waiting toooooooooo..........., PD: Oct 2005:mad:
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bindas74
06-16 01:02 PM
No one can travel on EAD. EAD is for employment authorization. AP is for travel. You cant mix and match the purpose of them.
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
Hi Logiclife,
Can you please provide me insight on my question?
My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??
Any help is greatly appreciated.
-Thanks
If you dont need to travel or if you have a valid H1 stamp for travel, dont file for AP. If you want to travel and if your stamp has expired and dont want to apply for new stamp, then file for AP.
If you want to work for your employer and continue there and if you are sure of your job security, then you dont need EAD, and dont apply for EAD. However its a good idea since EAD is a great option of you are suddenly fired or laid off. EAD makes it easy to search for jobs coz the employer doesnt have to file your H1 and you can join them immediately without any hassles.
Hi Logiclife,
Can you please provide me insight on my question?
My company filed for my I485. i didnt file the EAD / AP at that time. I have a valid H1B stamped for multiple entry till 2010.
So, as per your post, I can apply just for EAD, right? That is if I want to switch jobs after 180 days using AC21 and if I start using my EAD, can I go out and come back with my valid H1B stamping? Or do I need to have the AP since I have started using my EAD??
Similarly, can my wife use her H4B even after she starts using the EAD instead of AP when she travels??
Any help is greatly appreciated.
-Thanks
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royus77
06-21 01:43 PM
Thanks Factoryman
more...
house “Transformers: Dark of the
GCwaitforever
03-25 10:08 AM
Got a reply back just now
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Have you written to EEOC (Equal Employment Opportunities commission and copied to this Mr. Craig?).
See earlier discussions on this topic -
http://immigrationvoice.org/forum/showthread.php?t=2312&highlight=EEOC
My mail to Capital One after getting the initial response:
Craig,
Thank you for the reply.
I am surprised by the disqualification since the Department of Homeland Security (DHS) had issued the EAD. DHS has set clear guidelines not to discriminate based on any of the authorized work documents issued by them, EAD being one of them. The I-9 form required to be filled in by every employee (citizen or otherwise) clearly mentions this.
Are you sure CapitalOne does not allow candidates who are on EAD specially when it does not require sponsorship from the employer ?
Response that I received for the above email:
Thanks for your message. The information regarding Capital One's policy on pursuing EAD card holders is correct. We are only able to pursue US Citizens or Green Card holders for these roles. I'm sorry, but we won't be able to consider your candidacy at this time.
Best Regards,
Craig
Have you written to EEOC (Equal Employment Opportunities commission and copied to this Mr. Craig?).
See earlier discussions on this topic -
http://immigrationvoice.org/forum/showthread.php?t=2312&highlight=EEOC
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nkavjs
09-25 12:39 PM
Ok my dumb lawyer changed the website on me.. and all the image files of our application made are done.. null. huh.. something else to worry about now.
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s_r_e_e
08-21 10:46 AM
i support any action.. but writing to Uscis will help only if your interpretation of law (or lack of law) on spill over is correct. Shouldnt this be confirmed first?
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chandrajp
04-20 01:22 PM
A friend of mine forgot (!!) :confused: to renew his EAD when it expired last September. He then applied for renewal 60 days after the expiration date and got his new EAD without any problem, no questions asked!
I filed for my own renewal about 90 days before the expiration date and when about 85 days had passed and I was getting worried, I called USCIS and was told: " Do you need the card to show your employer that you are legal? No? Then, don't worry about it. As long as you applied on-time, you are fine." I actually received the EAD five days after the expiration date...
These two experiences are from California Center.
Thanks for your respons. I felt a bit relieved.
I cannot renew my Driver's License if I don't have a valid work permit. I doubt whether the Receipt notice is enough for the Drivers License office to issue a new DL. I changed my employer and the new employer may ask for a new one. But I'm hoping that I might get one in less than 3 months. Let's see
I filed for my own renewal about 90 days before the expiration date and when about 85 days had passed and I was getting worried, I called USCIS and was told: " Do you need the card to show your employer that you are legal? No? Then, don't worry about it. As long as you applied on-time, you are fine." I actually received the EAD five days after the expiration date...
These two experiences are from California Center.
Thanks for your respons. I felt a bit relieved.
I cannot renew my Driver's License if I don't have a valid work permit. I doubt whether the Receipt notice is enough for the Drivers License office to issue a new DL. I changed my employer and the new employer may ask for a new one. But I'm hoping that I might get one in less than 3 months. Let's see
more...
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jcrajput
09-26 09:56 AM
I called them again and they said they don;t have more information. Wait for the package which they sent back and call after that if you have any questions.
Anyone has idea what "Other reasons" could be?
Thank u for your interest.
Anyone has idea what "Other reasons" could be?
Thank u for your interest.
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MeraNaamJoker
08-16 10:08 AM
i got my 'decision' email on 10th. But after that nothing. No CPO email/No welcome email/ No LUD.
I am hoping that they didn't let my case 'drop through cracks'. Considering USCIS's way of working I wouldn't be surprised. Will give a week or two more.
You got it right.
They have thier own of operation. My CPO status was registered on Aug 5th. I got CPO email the next day. Then on August 12 it went back to post decision activity. I got the approval or welcome mail (snail) on August 12th itself. After that there is not change or update. All we can do is to sit back and wait for little bit more.
I am hoping that they didn't let my case 'drop through cracks'. Considering USCIS's way of working I wouldn't be surprised. Will give a week or two more.
You got it right.
They have thier own of operation. My CPO status was registered on Aug 5th. I got CPO email the next day. Then on August 12 it went back to post decision activity. I got the approval or welcome mail (snail) on August 12th itself. After that there is not change or update. All we can do is to sit back and wait for little bit more.
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logiclife
06-15 01:40 PM
I filed a G28 to allow me to represent my wife. I did not use an attorney. If you are filing for more than one person then I think that a G28 is worth it. It is a trivial form.
Will correct the first post accordingly.
Will correct the first post accordingly.
Saralayar
01-15 07:47 PM
I thinks its a better idea to post URL for your idea.
Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)
Guys Vote... Vote ... for us, for our kids....
Till now I do not see any one voted up for this. It is very sad that our own community is not supporting this. If you are not able to search for it in change.gov, give the complete title and see.
Citizenship if you have lived legally in this Country for 10 years continuously (http://citizensbriefingbook.change.gov/ideas/viewIdea.apexp?id=087800000004wel)
Guys Vote... Vote ... for us, for our kids....
sk2006
09-27 06:00 PM
Two things about VONAGE:
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
Taxes are inevitable!
I personally haven't seen any issues with Call quality. Infact Call quality is excellent.
1. Tax kills the deal. For me its coming more than $31 per month.
2. I searched on google about calls review. Many people are complaining that the call quality is not that good. On peak times, they do face issues.
Still calling unlimited india is a very tempting idea.;)
Taxes are inevitable!
I personally haven't seen any issues with Call quality. Infact Call quality is excellent.
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