jsb
07-20 09:59 AM
1. The title noted on the labor form was "Associate". On the job description letter, is it ok if the title is noted as "Financial Associate Analyst". Plus my labor was approved as IS Manager. Would the "financial" title cause a problem?
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
2. My lawyer put a very generic sentence as my job description. Does my job experience letter have to have the exact same generic sentence in it? and is it ok if the letter has more duties on it other than the one mentioned on the labor form (i did different stuff at that job, finance, IT, sales etc)
3. My lawyer put the required degree on the labor form as "Computer Science". However; I have a MIS degree. Is that going to be a problem when applying for i140?
It is surprizing that generic description of a job got through Labor without any questions. There is no clear answer to your questions. General principle is that jobs description should be more or less same as in Labor application. If your Labor was approved as IS Manager with your title to be an Associate, your job is expected to be of management type. Analyst job seems to be a technical job. Clear these issues before your employer filing for your 140 proceeds.
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javacool2008
07-18 01:12 PM
After the show down of the USCIS and all the high skilled immigrats. USCIS posted that they are withdrawing the July 2nd board. This is great news.
I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.
So what will happen from now on? What is the procedure after this?
I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.
Thanks
I have filed my I-485, I-131, and I-765, and they reached USCIS by July 13th. According to the new board, USCIS will no long reject them.
So what will happen from now on? What is the procedure after this?
I guess this might be a newbie question. If someone can post some answers for me, it will be very helpful.
Thanks
dollyGC
07-21 08:10 PM
I'm working with an MNC and I'm abt to start my GC processing.I did go through the forum on threads on Fragomen.My employer's preferred attorney is Fragomen.
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
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gcisadawg
06-26 01:16 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
Caution: You are taking Risk!
Based on Yates memo ( you can google for this), a person with pending I-140
and I-485 pending for more than 180 days can invoke AC21 provided I-140 is approvable at the time of using AC21. Approvable meaning, if they take up your 140 during AC21, it should be in a position to be approved without RFE's.
There was a link on Ron's site where he said
1> if you don't have to worry about ability 2 pay issue, meaning, your company is big
AND
2> you don't have to justify your qualifications for your EB category. Say, a three year degree and some diploma/certification for EB3 and four year degree and questionable experience for EB2 or a four year degree with diploma/cert that qualifies as masters...Especially Eb2 you have to be careful...Since most jobs doesnt require Eb2 but people apply thru that because they have masters or Bachelors plus five....Don't get me wrong on this...I've seen people in EB2 category doing QA testing. I agree, there are many EB2 that do advanced work....and not just software application development/management.
If the above two are good, the chances of RFE on I-140 is slim.
Even if there is one, your old company should co-operate...I believe that is where the risk is....
more...
newuser
04-16 04:33 PM
Thanks a lot.
thementor
04-14 11:09 AM
Dear Friends,
First of all, I'm really thankful to immigrationvoice.com to create such a lovely community.
My question and your advice
I'm currently working in Company A, My first 3 years visa is going to get expire on SEP-2009.
My current company has some issues, so If I apply my extension through my company I won't get my extension for sure.
So I contacted Company B , and applied for my H1 Transfer, they filed my H1 Transfer on 04/10/2009 through normal processing. I would like to know whether I need to switch from Normal processing to Premium Processing. If yes, then what's the procedure. I really appreciate all your time and efforts in answering my questions.
Thanks :)
First of all, I'm really thankful to immigrationvoice.com to create such a lovely community.
My question and your advice
I'm currently working in Company A, My first 3 years visa is going to get expire on SEP-2009.
My current company has some issues, so If I apply my extension through my company I won't get my extension for sure.
So I contacted Company B , and applied for my H1 Transfer, they filed my H1 Transfer on 04/10/2009 through normal processing. I would like to know whether I need to switch from Normal processing to Premium Processing. If yes, then what's the procedure. I really appreciate all your time and efforts in answering my questions.
Thanks :)
more...
srratlanta
02-19 11:19 AM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
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Axilleus
09-25 10:58 AM
Hi
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.
I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!
Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.
I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.
I would also like to know how long it took for any of you who applied for the EAD??
Thank you!
Here is my situation:
Entered US with K1, received I-94 at the time of entry with Employment Authorized stamp, and the CBP officer told me I can work with the I-94 until my status changes to permanent resident.
BUT I-94 is valid only for 90 Days so my permission to work is not valid any longer (That is what the Employer says).
Filed I-485 to Chicago, IL, application was received on July 19/07.
Receipt Notice received August 27/07. Biometrics taken August 30/07, have an Interview on November 29/07.
I called USCIS, they told me I have to apply for an EAD.
Applied for EAD in August. Application was received on August 29/07, the Biometrics Notice Date is September 17/07.
Now I have an absolutely awesome job offer but I don't have a valid Employment Authorization document.
I called USCIS yesterday to ask if I can expedite the process for the EAD, they said go to local immigration office and ask them to see what options you have (she read some options, I didn't write any down because it was a long list).
I went to a local immigration office this morning, they said "We cannot do ANYTHING from our local office in regards to a EAD since September of last year!!!".
They also said to call USCIS and ask them to download the Biometrics from the I485 application to speed up the process.
I called USCIS this morning and they said they are UNABLE to download the Biometrics.
I asked them if there is a way to expedite the process for the EAD, they told me the same thing as yesterday: Go to local office!
Here I am, in this #$#%#^# loop, can't do anything about this and USCIS or the local immigration office does not give a damn about honest people who are trying to make a living and put some food on the table.
I don't know what else to do but if somebody has an idea please, please, please let me know.
By the way, the Immigration officer told me that the employer can hire me if they want, but it is up to the employer to decide!!! I just don't understand how somebody is supposed to hire me if I canno't show any documentation allowing me to work here.
I would also like to know how long it took for any of you who applied for the EAD??
Thank you!
more...
Blog Feeds
05-12 09:50 AM
U.S. Citizenship and Immigration Services (USCIS) today announced a final rule that adopts, without change, an interim rule to improve the integrity of the Employment Eligibility Verification (Form I-9) process. USCIS received approximately 75 public comments in response to the interim rule, which has been in effect since April 3, 2009.
The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.
The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).
Let us know if we can help in your I-9, E-verify or Public Access Files compliance.
More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)
The main changes made by the interim rule and adopted by the final rule include: prohibiting employers from accepting expired documents; revising the list of acceptable documents by removing outdated documents and making technical amendments; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands.
Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.
The final rule will be published in the Federal Register tomorrow and will be available at www.uscis.gov (http://www.uscis.gov). The final rule is effective on May 16, 2011. Employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) was updated on Jan. 5, 2011, and is available for review at www.uscis.gov/files/form/m-274.pdf (http://www.uscis.gov/files/form/m-274.pdf).
Let us know if we can help in your I-9, E-verify or Public Access Files compliance.
More... (http://www.visalawyerblog.com/2011/05/uscis_issues_final_rule_on_emp.html)
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kumarc123
08-26 10:19 AM
Some additional information. My wife's first semester will be Fall semester as H4 and spring as F1. She will graduate by the end of spring- i.e. May 2009.
Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.
Good Luck
Well most of the time classes you need are not offered in the summers, also as a International student you can take summer semester off, you legally have that right. Now don't pick classes in the summers, move it to the fall semester. Also
I checked with my counselor, if you are left with only once class, you can take it in the fall, all you would need to is, contact your counselor and let him take care of the paper work. in that cases you don't need to take 3 classes to maintain your F1status.
Good Luck
more...
my2239
04-18 09:19 AM
Hi ,
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
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ajju
10-12 03:50 PM
So that means it starts prior to Dec'9th for my case..????
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
For July filers these 2 dates are way too far.. for June filers there'll be few days difference only...
The RD (Receipt Date) is the date USCIS received your application. And 180 days for AC21 triggers from this date.. Not the ND (Notice Date), when USCIS actually enached your checks and issued you a receipt... The CRIS website usually shows ND...
Seems your RD is June 9th... Confirm from your I-485 receipts too...
more...
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GC_SUCK
10-24 11:56 AM
What you mean by "Becareful..lot of screening is going on in PERM"?
You mean in ALL PERM or in EB2 PERM.
My lawyer is very scared to file my new case under EB2 PERM. His opinion is we may get an audit.
I have already EB3 PERM/I-140 approved. And now looking to file EB2 PERM with Bachelors+ 5 year Exp. (due to degree evaluation issues I am not able to file under Masters + 6 month exp).
Ok, I also have one Tradional LC (from Texas) and one RIR case (from MN) pending in BEC.
So the new case will be my 4th case.
You mean in ALL PERM or in EB2 PERM.
My lawyer is very scared to file my new case under EB2 PERM. His opinion is we may get an audit.
I have already EB3 PERM/I-140 approved. And now looking to file EB2 PERM with Bachelors+ 5 year Exp. (due to degree evaluation issues I am not able to file under Masters + 6 month exp).
Ok, I also have one Tradional LC (from Texas) and one RIR case (from MN) pending in BEC.
So the new case will be my 4th case.
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samk32@gmail.com
06-13 06:39 PM
SBMallik thanks for the reply, as per your link it says,
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
Yes. Effective March 2, 2009, USCIS will accept premium processing service requests for the Form I-140 Petition category types listed above that are, filed for alien beneficiaries who, as of the date of filing the Form I-907 premium processing request:
Have reached the 6th year statutory limitation of their H-1B stay, or will reach the end of their 6th year of H-1B stay within 60 days of filing;
-- I am in 6th year of stay and 4th year of my H1B stay. Do i fall in to the above category as my H1B expires on Sep 30 2009.
Pls. advice
Thanks
more...
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perm2gc
12-20 06:24 PM
publish:
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
"http://news.ncmonline.com/news/view_article.html?article_id=7b1a82abac88e4509c386 03143688521"
to counter: (same article in 3 places)
http://www.theconservativevoice.com/article/21297.html
http://www.townhall.com/Columnists/P...ing_h-1b_visas
http://www.humanevents.com/article.php?id=18532
Every article will have same content.Everyone know their claims are not legitimate.
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lostinbeta
10-13 12:49 AM
Are you making the layer at 50% opacity? if so, then that is why, because everything on that layer will be at 50%. So create a new layer and do the Stroke.
more...
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fromnaija
12-12 02:17 PM
Thanks for your reply
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
What if the case is where I want to take up a new full time position and convert my current full time position to part time.....I guess one way to do it would be to transfer H1 to the new employer...wait for an approval and then file for another concurrent H1 for the part time job with the old company..But the problem is I'd have to wait until new approval comes...and also convince both companies to shell out 2k plus in filing fees....does any one have a better alternative ? Thanks again
I believe that to convert a full time position to part time, all you have to do is re-file your LCA.
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itsmesabby
09-17 12:51 PM
Was this your first H1 stamping..
Any questions asked at the counslate..
Which counslate was it ..
Any questions asked at the counslate..
Which counslate was it ..
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akkakarla
08-26 11:56 AM
Hello Guys
I was told by the information officer that my application is under extended background check. Does anyone know what extended background check is?
Did anyone face the same situation? What are they even trying to do?
I was told by the information officer that my application is under extended background check. Does anyone know what extended background check is?
Did anyone face the same situation? What are they even trying to do?
kirupa
04-18 03:05 PM
Hello,
I do not think Swift 3D has a wireframe export features, but you can press the Print Screen button and paste the image into an image editor. You will be able to manipulate it like you would any other image. That is the best way that I know of doing it. You could also import the Swift 3D swf into Flash, and let Flash export the movie as a sequence of images.
I do not think Swift 3D has a wireframe export features, but you can press the Print Screen button and paste the image into an image editor. You will be able to manipulate it like you would any other image. That is the best way that I know of doing it. You could also import the Swift 3D swf into Flash, and let Flash export the movie as a sequence of images.
javadeveloper
11-13 06:54 AM
I am sure this may have been asked already but I coudn't find a thread.
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
No problem
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
No problem
