desi485
10-10 06:08 PM
I have seen SWITCH ppl starving to SWITCH on H1B (rat-race) and its not without a reason.
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Vsach
07-27 08:01 PM
You are being a jerk and don't encourage others to be:mad:
mrane1
09-26 03:01 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
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garybanz
11-02 02:16 PM
Papu,
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
Is IV in a position to check with USCIS on the official guideline for this issue?
Thanks.
Questions for everyone to research and post the answers------
-- Is there any real example on any internet forum, website or blog where someone faced problem in citizenship because they left their sponsor employer before 6 months expired? Do not find opinion but a real proof.
-- Can any lawyer provide a case example to illustrate the above. We can go into detail, talk to USCIS and seek clarification.
-- Is there anywhere in the law, memo or rulebook that says 6 month employment is needed after getting green card.
more...
meridiani.planum
03-26 09:41 PM
my experience with california DMV - renewed via mail. Paid 28$, got a new plastic card which is valid for next 5 years.
how long ago was this?
thanks.
how long ago was this?
thanks.
jkays94
08-15 01:51 PM
You think they will go thru thousands of applications and check the tracking number? Besides I don't think they keep the original mailing envelope. So I think asking us to keep the tracking number is just BS.
If you refer to the 485 processing SOP, the front of the mailing envelope is kept together with the application.
If you refer to the 485 processing SOP, the front of the mailing envelope is kept together with the application.
more...
Sheila Danzig
02-25 09:33 PM
I personally do not know of anyone who has attempted admission into a University with a CA.
Professors expert letters range up to $900.00+ with most firms. We rarely charge more than $550.00 Each case is different and it depends on the research needed.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
Professors expert letters range up to $900.00+ with most firms. We rarely charge more than $550.00 Each case is different and it depends on the research needed.
In India, only UGC (University Grant Commission) is qualified to issue equivalency letters. Professor letter can be supplemental, but it can not be authentic certification, as UGC is only one to issue that.
>> The professor's letters are not cheap but effective.
Care to explain what do you mean by "not cheap"?
Is there any university that have taken CA qualified for PhD programme?
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ArunAntonio
08-31 07:21 PM
Lets keep pluggin along and try to think of creative ways to encourage people to come to the rally, In my opinion the most emphasis should be place on recruiting the east coast members to show up for the rally, guys please talk to people and educate them of this effort any one with any sort of clarity of thinking will be able to clearly see that they are the direct benificiaries of this, there are so many people who are putting in so many hours of their personal time to make this a sucess the least other can do is take part in it.
I believe that persistance pays off .. lets keep moving in the right direction.
I believe that persistance pays off .. lets keep moving in the right direction.
more...
suriajay12
04-19 02:09 PM
I will be sending the following note to my senator and have already posted it to WhiteHouse.gov. I urge all those screwed by the ongoing retrogression to do the same.
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You said "This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time."
Please change the last part "in half that time" to "as short as 1 year".
"I am writing to inform you of how the country based quotas imposed on Employment Based green cards are unfair and totally illogical. When I immigrated to the US, I believed that this country was a meritocracy where you were judged based on your abilities and qualities. These country based quotas reward people depending on where they or their ancestors were born. This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time.
Since these EB category based green cards are awarded for professional skills, imposing a country based quota just does not make any sense. I urge you to work with Congress and change this discriminatory policy and reinforce that America is truly a society that celebrates meritocracy."
You said "This causes people from India and China to wait over a decade to get a green card whereas someone from another country with similar or lesser abilities can obtain permanent residence in half that time."
Please change the last part "in half that time" to "as short as 1 year".
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sroyc
09-19 03:43 PM
Do you watch cricket? If you want quick results you might want to watch 20-20 cricket. You can see the results within a few hours.
Things like legislative changes take time. We may think that the debate on illegal immigration has nothing to do with our issues but the corrupt Senators will always try to sneak in some reform related to illegal immigrants into our bills in exchange for their votes, ultimately derailing the entire bill.
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
Things like legislative changes take time. We may think that the debate on illegal immigration has nothing to do with our issues but the corrupt Senators will always try to sneak in some reform related to illegal immigrants into our bills in exchange for their votes, ultimately derailing the entire bill.
Ok, I've seen a lot of threads about go to the rally, actions items, I've reading a lot of guys saying dont ask for your receipt status, dont waste your time etc, etc.
Yes we did the rally we were great with all those signs, and appearing in the Indy TV but...
Question remains open:
1. When are they going to increase the GC quota?
2. When congress id going to do something?
I've the feeling that that's it we made our point but we are still with no GC, waiting receipts..............
more...
vdlrao
06-04 06:47 PM
which VB are you quoting..link doesnt work...
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see the VB now its working.
http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html
see the VB now its working.
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nozerd
01-04 01:05 PM
If this were Canada or Sweden the wives could become " domestic partners" of each other and ask your friend to f.o.
Alsas the US doesnt reconize domestic partners :)
Alsas the US doesnt reconize domestic partners :)
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chanduv23
04-13 08:26 AM
I dont think there will be any movement for May and June. July could see a big movement.
Forward or backward ???????????:D
Forward or backward ???????????:D
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rally
07-02 03:53 PM
Medical Fees: $410 + Misc: $300 = $710
Attorney and mailing fees: employer
Attorney and mailing fees: employer
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gsc999
10-12 11:08 AM
Hello GSC999 ( I forgot your real name :-) ) .
I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1) Texas State Chapter member Regular $ Contributer
--
Arnab, I understand your point. I mean it. My old priority date was Sept. '02 and after being stuck in backlog for years, I finally decided to change my job, my new priority date is in 2006.
Now, IV doesn't have control over the schedule followed by the US congress. Having said that, let me assure you that there is positive movement. If you look at recent posts by other members, you will see that momentum. That is the result of your efforts with DC rally and your contribution.
This last quarter of 2007 is do or die for us. That is why we are asking members to join state chapters and preparing for our next big push. All this may not be what you would be hoping for but guess what, without your efforts we wouldn't have come so far. So have some more patience.
Cheers!
I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1) Texas State Chapter member Regular $ Contributer
--
Arnab, I understand your point. I mean it. My old priority date was Sept. '02 and after being stuck in backlog for years, I finally decided to change my job, my new priority date is in 2006.
Now, IV doesn't have control over the schedule followed by the US congress. Having said that, let me assure you that there is positive movement. If you look at recent posts by other members, you will see that momentum. That is the result of your efforts with DC rally and your contribution.
This last quarter of 2007 is do or die for us. That is why we are asking members to join state chapters and preparing for our next big push. All this may not be what you would be hoping for but guess what, without your efforts we wouldn't have come so far. So have some more patience.
Cheers!
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felix31
12-21 01:57 PM
You BET. I really hope for all our spouses sakes that the Congress DOES increase H1Bs as well
I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...
THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota
I hope too, school districts hire teachers between june-sept and judging by the speed last years quota was gobbled up, I can hardly hope to get a job as a teacher 10 months in advance...
THis is great news however as I hope to graduate in a year and than I can take advantage of the Masters quota
more...
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04-02 12:37 AM
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chanduv23
07-08 04:46 PM
I dont think we could expect such thing from our community as we are born selfish and scared of things. Everone is just hoping that some miracle will happen and everyone will get their GCs. Or else people are happy with EAD/h1b renewals.We really lack the kind of leadership and atitude we had before independece both at home in india and here.I think people have made immigration problems as part of the many problems they have in their lives.
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
Well, even before Indian independence, it was just a handful of population that were actively involved in the process, majority took life as it came and were afraid. In fact, there are a lot of coward stories where cowards helped the British against freedom fighters. The reason British could rule India so easily because desis are submissive and it took a long time for leaders like Mahatma Gandhi to lay a foundation and gather critical mass enought o bring about a change and the worst thing is - the only change that happened was that British govt moved out. 60 years after independence, we are still divided mentality, lack of civic sense, we claim greaatness in getting IT and BPO projects, we could not win a gold medal in Olympics nor could we make any big scientific achievement - the worst thing is we come here to US and stay divided and expect that someone will do good to us
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ruchigup
08-07 12:44 PM
Per my last talk 2 weeks back with CSR and IO, NC is pending and application is not assigned to IO
See my signature below.
See my signature below.
casinoroyale
08-26 02:28 PM
No, it is not mandatory, but I suggest your renew it if you do not have H1B visa so that you can have it readily should a need arise to travel in emergency.
My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?
Thanks in advance.
Ram
My AP is expiring very soon. I do not have any travel plans to India in 6 months from now. Is it mandatory that I have to renew the AP before the old one expires?
Thanks in advance.
Ram
GSingh
04-02 09:09 PM
Send Both
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