ArkBird
08-17 11:56 AM
If it was EB2, you have better chance of winning lotto than get EB2 approved with 3 year degree. I had 3yrs + PG Diploma + 6 Years of Indian Experience + 13 Years of US experience and I was never able to cross the labor certification hurdle. BTW, I tried 2 times.
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
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chi_shark
03-23 05:37 PM
did the io specifically say that? why do they care about other income? i would really like to know... if they are now saying that you cannot have any other income then all those who are trying to do a business on the side while on EAD could be in trouble! right?
Hello jsb,
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
Hello jsb,
Yes, I guess I went through that scrutiny when I submitted the employment letter and payslips and W-2 last month...the IO had told me that he had employment letter from 2007 so he would like a current one and he wanted my tax details compared to W-2 to see if there was any other income apart from my job income.
Time will tell... :)
mundada
06-25 01:40 PM
Subject: 13 years to get a green card through legal route!
Message:
Dear Sir/Madam,
I will need in total 13 years to get a green card, even though I am employed in high skill job!
I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!
Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!
How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?
Thank you for reading.
Best Regards.
Notes:
Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.
Message:
Dear Sir/Madam,
I will need in total 13 years to get a green card, even though I am employed in high skill job!
I applied for green card in July 2006 under employment based category 2 (EB2-India), which is only for the people employed in a high skill job. There are more than 25,000 people waiting in this category and the annual quota is only 3,000. At this rate, I may get visa after 10 years or 13 years in total!
Furthermore, I am restricted by law to work in the same or similar job category till I get green card. So on one hand the category wants bright people but on the other hand it stops that bright person from advancing in the career for not 1 or 2 years but 13 years!
How human is it to make a person and his family who has been in this country for last 10 years, paid taxes on time, has no criminal record, and employed in a very high skill job wait 13 years to get a green card so that can start a normal life?
Thank you for reading.
Best Regards.
Notes:
Mr. Charles Oppenheim of the Department of State Visa Office stated on June 10, 2009 that there are 25,000 EB2 India cases that are pre-adjudicated but are waiting for a visa number.
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Valle
10-26 04:36 PM
:)
Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.
Thanks so much for your advice. Good luck to everyone in this same boat!
Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.
Thanks so much for your advice. Good luck to everyone in this same boat!
more...
raju123
01-03 08:35 PM
I think, last week, two threads were locked due to very hot discussion on this issue. This discussion will create more heat again.
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if it is not asking for too much.
JunRN
08-26 06:02 PM
Just thinking, is approval of EAD also meant that I-485 is accepted?
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leo2606
12-27 07:13 AM
Hey, thanks for the info.
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nozerd
12-26 11:06 AM
OK so I was the original poster that spoke about my friend. Now I will give you some insight into my own case. I have been now in the US since 1991(though my PD is August 2001). Here are some details
Jan 1991 : Arrived in US as 19 yr old after completing Diploma in Engineering from India (10 plus 3).
1991- 1996: Took 5 yrs to complete 4 yrs degree as I was paying my own way. Working full time and studying full time on F1 visa.
1996 -1998 : Completed MBA. This time situation was better because I had financial aid and in state tuition.
1998-1999: Completed internship at an Investment Bank. Had to find another job because I Bank didnt want to do H1. Have been at current job since 1999.
2001: CVompany policy was to wait 2 yrs before applying for GC. So finally filed labor in 2001.
2005 : Labor finally approved from BEC. I 140 filed and approved.
June 2007 : 485 filed (as a 36 yr old)
Jan 1991 : Arrived in US as 19 yr old after completing Diploma in Engineering from India (10 plus 3).
1991- 1996: Took 5 yrs to complete 4 yrs degree as I was paying my own way. Working full time and studying full time on F1 visa.
1996 -1998 : Completed MBA. This time situation was better because I had financial aid and in state tuition.
1998-1999: Completed internship at an Investment Bank. Had to find another job because I Bank didnt want to do H1. Have been at current job since 1999.
2001: CVompany policy was to wait 2 yrs before applying for GC. So finally filed labor in 2001.
2005 : Labor finally approved from BEC. I 140 filed and approved.
June 2007 : 485 filed (as a 36 yr old)
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jthomas
11-20 05:26 PM
I don't know how to start a new thread
send your comments on
http://power.elecdesign.com/Articles/index.cfm?articleid=17564&StyleName=maroon
IEEE Agrees with SIA on H-1B Visas for Foreign Engineers, Scientists
send your comments on
http://power.elecdesign.com/Articles/index.cfm?articleid=17564&StyleName=maroon
IEEE Agrees with SIA on H-1B Visas for Foreign Engineers, Scientists
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gsc999
05-28 01:49 AM
http://www.azstarnet.com/dailystar/news/131146
Seems that senators had only 1 hour to look through the 115 page manager amendment and lot of stuff was sneaked in that would not have passed otherwise... I wonder how it would stand the scrutiny of the conference. I am puzzled as to why they had to sneak-in legal immigration provisions in the last minute.... Is it that controversial ?
Manager's amend. are those amend. which are non-controversial and have been agreed to by majority bi-partisan senators. People who are calling the manager's provision as "sneaky," etc are against any immigration. This is another pretext to beat the dead horse.
It seems that you missed out on the exciting live action in the Senate.
Senate just didn't have time to discuss all the amendments and provision. This issue about who will have how many amendments was a problem issue from the start. After the motion for cloture was filed they had to end the never ending discussion and pass the bill. CIR bill was 641 page bill, addying 115 more pages is roughly 20% more. Also you need to look at the number of amendments not just the number of pages.
Seems that senators had only 1 hour to look through the 115 page manager amendment and lot of stuff was sneaked in that would not have passed otherwise... I wonder how it would stand the scrutiny of the conference. I am puzzled as to why they had to sneak-in legal immigration provisions in the last minute.... Is it that controversial ?
Manager's amend. are those amend. which are non-controversial and have been agreed to by majority bi-partisan senators. People who are calling the manager's provision as "sneaky," etc are against any immigration. This is another pretext to beat the dead horse.
It seems that you missed out on the exciting live action in the Senate.
Senate just didn't have time to discuss all the amendments and provision. This issue about who will have how many amendments was a problem issue from the start. After the motion for cloture was filed they had to end the never ending discussion and pass the bill. CIR bill was 641 page bill, addying 115 more pages is roughly 20% more. Also you need to look at the number of amendments not just the number of pages.
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mhathi
05-13 06:08 PM
Thanks, But how would I know the case number? Because it was filed by my company and I dont have any clue.
Hmmm that makes it a little difficult. All you have to go by is the employer name then. Hopefully not too many people applied at the same time as you with the same employer. In my case, My company had provided me the case number to track the case soon after applying (before approval) but in any case, mine was the only LC they had applied for (they are a small medical device research company), so I did not have trouble.
Also do you think there is any value in at least getting total number of LCs certified, by date and then basing our assumptions by proportioning how much each category is retrogressed? If we can actually get the real number and then making certain assumptions might still be more realistic than now when we dont know anything about how many LCs are in the queue. We might as well assume that those whose prority date is on or earlier than the certified date are approved (even if they are not) because they should be getting approved in a few months time. Especially EB3-I as I dont see rampant jumps in the priority date, you know what I mean?
That is certainly doable. I am not a programmer per se myself, but have diddled enough in databases to try and take a crack at it. I will see if I can find the time to do this.
Hmmm that makes it a little difficult. All you have to go by is the employer name then. Hopefully not too many people applied at the same time as you with the same employer. In my case, My company had provided me the case number to track the case soon after applying (before approval) but in any case, mine was the only LC they had applied for (they are a small medical device research company), so I did not have trouble.
Also do you think there is any value in at least getting total number of LCs certified, by date and then basing our assumptions by proportioning how much each category is retrogressed? If we can actually get the real number and then making certain assumptions might still be more realistic than now when we dont know anything about how many LCs are in the queue. We might as well assume that those whose prority date is on or earlier than the certified date are approved (even if they are not) because they should be getting approved in a few months time. Especially EB3-I as I dont see rampant jumps in the priority date, you know what I mean?
That is certainly doable. I am not a programmer per se myself, but have diddled enough in databases to try and take a crack at it. I will see if I can find the time to do this.
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LostInGCProcess
02-19 04:16 PM
THIS IS INDIA AND INDIANS
LOOK WHERE OUR MONEY IS GOING????
Top Five
1. India ---- $1,456 billion
2. Russia ---$ 470 billion
3. UK -------$390 billion
4. Ukraine - $100 billion
5. China -----$ 96 billion
Shame on the Indians who hoard all that public money in some foreign land and making those countries rich. When would the stupid @#$@# @$%#$ politicians and bureaucrats learn that, when they die (and I hope they all die soon) they could not take it with them to Hell.
We have no guts to fight the terrorism coming from across the border and spent too little on defense, education, sanitation and infrastructure and even today India still looks like the same country that was there before 1947. Nothing significantly changed in terms of literacy or cleanliness or standard of living of majority of individuals.
I still have a hope that one day a daring and honest person would hold the PM office and clean up the mess.
LOOK WHERE OUR MONEY IS GOING????
Top Five
1. India ---- $1,456 billion
2. Russia ---$ 470 billion
3. UK -------$390 billion
4. Ukraine - $100 billion
5. China -----$ 96 billion
Shame on the Indians who hoard all that public money in some foreign land and making those countries rich. When would the stupid @#$@# @$%#$ politicians and bureaucrats learn that, when they die (and I hope they all die soon) they could not take it with them to Hell.
We have no guts to fight the terrorism coming from across the border and spent too little on defense, education, sanitation and infrastructure and even today India still looks like the same country that was there before 1947. Nothing significantly changed in terms of literacy or cleanliness or standard of living of majority of individuals.
I still have a hope that one day a daring and honest person would hold the PM office and clean up the mess.
more...
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indyanguy
08-19 11:28 AM
OP - If you have a cooperative employer, I would say go for it. Given the rate at which EB2-I is progressing, you will get GC much sooner although the PERM process for EB2 may take a long time. Assuming you get an audit on your PERM, even if the entire process takes 1.5 years, you can get your 140 in PP and once your PD is ported, you are current. Even if the entire process takes 2 years (worst case), it's worth the effort. EB3-I will move at a very slow pace. As others suggested, you wont see significant movement till EB2-I is current.
Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.
I'd say go for it. Good luck!
Financially, the porting would make a lot of sense too. Assuming a family of 2, you are spending close to $1000 (or even more) per year on the AP and EAD renewals, not to mention the employer's cost of renewing the H1. When you go to your HR for starting the EB2 process, you want to put it in terms of how it's financially viable for the company. When you do the math, it's a win win for both the employer and the employee in the long run if you get the GC earlier.
I'd say go for it. Good luck!
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uma001
07-26 02:18 PM
LONGGCQUE,
Thanks for putting this information. That will be very useful for everybody.
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
Thanks for putting this information. That will be very useful for everybody.
Guys, I wanted to circle back and update you on the results. My I140 was approved today and this is what i had submitted as alternate evidence. Hope someone else will benefit from the details I am putting here.
Thanks to you all who took time to reply and assist me on this issue.
Documents submitted:
> Experience letter non-availability as an affidavit mentioning that we tried but previous employer did not provide the letter.
> Email trail of communication with ex-employer detailing communication asking for exp. letter.
> 2 affidavits from previous co-workers detailing job responsibilities, skills, dates employed together.
> For 63 months of last employer experience, paystubs, W2's, Indian Form 16's, Indian IT returns, yearly appraisal letters, other evidence related to employment(not all but whatever was available).
RFE was :
Asked for evidence to prove 60 months of experience as listed in PERM.
Enjoy and good luck :-)
more...
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saro28
12-10 06:44 PM
Congrats! I tried the same like you, so far INS didn't respond.
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
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tonyHK12
11-12 05:46 PM
asking for donations is nothing wrong. After all Immigration voice is for everyone's benefit.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
At the same time, keeping everything transparent is IV's duty. IV should not wait for someone to ask these details...
Yes true, and whatever $100 I'm donating is going to benefit Ivar more than me since he's current.
It looks like no one is watching the IV video posted above. The summary is:
1. IV is a non-profit, and these orgs have very strict tax laws.
2. If funds are misused, people can be put in jail and deported.
3. Complete disclosure of strategy, investments will hinder IVs ability to campaign as anti-immigrants and our opponents are looking at our strategy to quash it. This is especially true with lobbying.
4. Previous years annual reports are available.
Facebook or Google are not going to publish their daily funds usage report or they will be out of business in 1 month
The reason I'm asking for donations is - Without thousands of members donating, we cannot successfully lobby for Green card laws for us.
Its not directly going to benefit me, I'm still a long way off.
The person in the video is not me.
more...
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vin
09-17 12:58 PM
cool man! congratulations. Enjoy your gc.
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go_gc_way
07-08 10:18 PM
Thanks for the summary lonedesi, it was very helpful understanding how did the show go.
My opinion about efforts such as this explaining problems faced by us on public shows like this , it is very much required.
I thank again all IV core members who participated this show .. another Geat effort by IV.
My opinion about efforts such as this explaining problems faced by us on public shows like this , it is very much required.
I thank again all IV core members who participated this show .. another Geat effort by IV.
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poorslumdog
03-18 12:03 AM
Let them inform. Logically nothing should happen. The company wants to be in the safer side by informing USCIS.
Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
Since you are in EAD, take unemployment and enjoy life. Hope for the best and get ready for the worst.
My company laid me off in one day without thinking a H1B guy has to leave the country immediatley. I asked them to buy my car, furniture and appartment lease as an obligation for fair value. Because of that i got 2 weeks more time to think over. Anyway they are not going to pay. Did you ask the company to pay you a return airfare to your country. If you ask, they will need time to research and you will get more free time.
This is completely wrong. Once you are in EAD and got laid off...you lose your status. There is one more thread in this forum where one guy applied for unemployed benefit in EAD, in a weeks times the ICE was coming to his home and severed the notice to appear in the court. That guy started the thread and every one bashing him for applying the unemployment benefit. But he later came to know that his employer notified the USCIS that he got laid off during EAD. So he lost his status and they wanted to deport him. I am not sure about the outcome. He is here in only in the IV. That thread was created in the last 2-3 months time. So search for it.
There is definitely some legal implication otherwise why your employer wants to inform USCIS. They wanted to be in the safer side. So if anything happens you are the one going to face the music. So check with some good attorney.
immigrationvoice1
04-16 05:23 AM
have any one applied for AC 21 your self or with advise, I need some guidance can you please help.
Thanks
Jay
I have changed jobs recently using EAD after over 180 days of filing 485 and 140 approval. Process is pretty simple if you do not wish to notify USCIS like me. Just fill out a I-9 form with EAD details with your new employer and give them a copy of the card (front and back) and with passport copies. Job title and description do not match completely with the LCA. Employer will help with employment verification letter with salary/title/responsibilties if and when a RFE is received.
Thanks
Jay
I have changed jobs recently using EAD after over 180 days of filing 485 and 140 approval. Process is pretty simple if you do not wish to notify USCIS like me. Just fill out a I-9 form with EAD details with your new employer and give them a copy of the card (front and back) and with passport copies. Job title and description do not match completely with the LCA. Employer will help with employment verification letter with salary/title/responsibilties if and when a RFE is received.
n.sravan
10-04 10:39 AM
Hello gg_ny,
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
It is too scary.. Plz note that the surname change is after mariz.. As per our convention, after mariz, wife's surname changes to that of husbands.. We have the mariz certificate with us.
Is this still that major problem, as earlier explained by you?
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