thomachan72
08-17 02:06 PM
EB2 is for advanced degree with exceptional ability.
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
3 year degree is not a advanced degree. (Here will consider as 3 year college studies- may be comparable to an associate degree or greater)
Diploma is not considered for GC. It is useful for H1B.
Try in EB3. Still not give 100% guarentee.
They need 4 year single source education/degree, for US equivalent.
My friend with 3 year degree + 1 year B.ED degree + 2 year MSc denied for EB2 for education. Evaluation done with most advanced evaluator. Still denied, now on appeal with AAO. Even with 6 year total university studies not accepted. How they accept your 3 year degree.
USCIS refers to EDGE database. It is not equate 3 year with US bachelor degree.
It equate 3+2 Indian degree (not diploma) to US 4 year degree.
Agree with what you pointed out but shouldn't the attorney know this?? If this cannot be apealed this individual has lost valuable time and money (attorney looses nothing). I am curious to know what the attorney says about this:mad:
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perm2gc
10-03 06:59 PM
I have two passports one with H4 Visa stamped and another Surname changed. While entering US, I have used my name as in the Visa (new surname) in the I-94 card.
I have applied for H1B with new surname in this May and change of Status with that I-94.
During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)
Now I got H1 approval and COS approval with my middle name taken as first name and new surname.
1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
2) First name and middle name are interchanged in the passport and H1 approval.
Is this going to create any problem while applying SSN? What are the possible consequences..
Also, any similar scenarios, plz respond..
Are we confused or you...
you said that you entered on new surname passport and so your i94 will have new surname..
now when again you reentered you entered on old h4 with old surname...
so you have entered US with two different surnames ...
DMV told you correctly..always your surname should match the surname in visa stamp...
you are lucky that immigration officer at port of entry might have overlooked your case..otherwise you must be in your home country by now..
you are in a serious trouble..surname issue is very big..consult a good attroney than posting in the board...
Good Luck!!!
I have applied for H1B with new surname in this May and change of Status with that I-94.
During H1 processing, I have travelled out of US and while entering back I have used old surname( as sometime back DMV ppl told that the name on I-94 should match with H4 Visa)
Now I got H1 approval and COS approval with my middle name taken as first name and new surname.
1) First thing is, the I-94 on COS approval and I-94, currently present in my Passport does not match.
2) First name and middle name are interchanged in the passport and H1 approval.
Is this going to create any problem while applying SSN? What are the possible consequences..
Also, any similar scenarios, plz respond..
Are we confused or you...
you said that you entered on new surname passport and so your i94 will have new surname..
now when again you reentered you entered on old h4 with old surname...
so you have entered US with two different surnames ...
DMV told you correctly..always your surname should match the surname in visa stamp...
you are lucky that immigration officer at port of entry might have overlooked your case..otherwise you must be in your home country by now..
you are in a serious trouble..surname issue is very big..consult a good attroney than posting in the board...
Good Luck!!!
reddymjm
10-06 08:27 PM
Very sad. I just read it in CNN and came here.
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tnite
07-19 09:29 AM
Unless you want a RFE get a new affidavit. It might take a day or 2 to get it from India but its worth it.
my 2 cents..
my 2 cents..
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permfiling
11-22 08:21 AM
Ideally I support removing the country quota and allow ppl based on skill and education. Speed up applications filed in all categories. When education is being considered. there should be proper checks in place such as folks getting degrees from accredited univ not online univ degrees etc.
Everyone had got their GC's based on the existing choices let it be in eb1, eb2 & eb3 etc. If ppl see that US master's has edge over non US masters then ppl will strive to get that degree.
Everyone had got their GC's based on the existing choices let it be in eb1, eb2 & eb3 etc. If ppl see that US master's has edge over non US masters then ppl will strive to get that degree.
gcForV
07-12 02:46 PM
sorry posted in other threads too. But we will have this updatefirst and then i think we will get the bulletin by monday.
may be some mass updates today?
From:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5b0a083ef5b3110VgnVCM1000004718190aRCR D
Scheduled System Outages
On Thursday, July 12, 2007, at 9 PM EDT, certain USCIS web-based systems will be taken out of service for maintenance upgrades. They should be restored in approximately three to four hours. These systems include:
*
Case Status Online (and processing times)
*
Field Office Locator and Information
*
Civil Surgeon Locator; and
*
Change of Address Online
We apologize for the inconvenience.
may be some mass updates today?
From:http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a5b0a083ef5b3110VgnVCM1000004718190aRCR D
Scheduled System Outages
On Thursday, July 12, 2007, at 9 PM EDT, certain USCIS web-based systems will be taken out of service for maintenance upgrades. They should be restored in approximately three to four hours. These systems include:
*
Case Status Online (and processing times)
*
Field Office Locator and Information
*
Civil Surgeon Locator; and
*
Change of Address Online
We apologize for the inconvenience.
more...
skdskd
08-27 10:19 AM
I must agree - both are important..it is just each one of us have different cases and circumstances
that It might be important for OP but you should considerate about others you should not say that every body elses problem is nothing in-front of OP's problem ."Injustice" word sound like that.
as somebody said earlier abount OP tha it sounds selfish and mean.
When NSC people were getting Receipt and TSC were waiting , no body said ."Injustice" word .
So when it is not affecting you it 's fair.....But somebody else gets that you cry foul play ....Be considerate about others
Personally I wish all (NSC ,TSC , Carlifornia , Vermont ) filers should get there receipt , EAD and AP as well as Final GC as soon as possible
that It might be important for OP but you should considerate about others you should not say that every body elses problem is nothing in-front of OP's problem ."Injustice" word sound like that.
as somebody said earlier abount OP tha it sounds selfish and mean.
When NSC people were getting Receipt and TSC were waiting , no body said ."Injustice" word .
So when it is not affecting you it 's fair.....But somebody else gets that you cry foul play ....Be considerate about others
Personally I wish all (NSC ,TSC , Carlifornia , Vermont ) filers should get there receipt , EAD and AP as well as Final GC as soon as possible
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santb1975
03-31 09:20 PM
done
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neo_ny
03-31 05:34 PM
Thanks everyone for your responses!
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ak27
11-28 03:59 PM
We are with you.. CIR is lost cause. I would suggest that we should spend all our energy for interm relief and forget about grand bill.
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matreen
10-14 09:11 PM
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
Get her on student visa immediatley until you figure out a way with good attorney's.
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
So I am in some real mess ....
I married to a gal in 2007 during my visit to my home country but it did not work out b/w her and me due to some family reasons. (Not divorced just separated)
I came back to US in 2008 and applied for 485. My green card got approved and now my wife is in my home country and I am in US.
Now my wife and I have reconciled and I want to bring her to US.
Can I apply for her Green card and bring back to US ASAP w/o waiting for 5 years as I married before approval of my GC. I can get papers from my home country showing that I got married way before my GC approval.
I did not show at any stage in GC application that I was ever married. I thought the marriage is gone so why show it and now it could hurt me. I even dont remember if there was any question regarding marital status on 485 application.
Please help me other wise I would just have to cancel my GC and go back to H1 to bring my wife here. I cant leave her any more with our stupid relatives who might again break our marriage.
Please help , I am very desperate.
Get her on student visa immediatley until you figure out a way with good attorney's.
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skc526
02-13 07:47 PM
After some procrastination, finally i will be posting the mails out tomorrow. You guys are doing great jobs. I will talk around to my friends to send out too.:)
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aniraj
08-04 11:39 PM
I have question on comments from Kumar1
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.
Can anyone throw some light on this?.... senior members..gurus..??
If 485 is denied does it mean your 140 approval is no longer valid?
I was always under the impression that I140 is a petition for immigration filed by the employer for the beneficiary while 485 is adjustment of status filed by the beneficiary on his/her own behalf.
If 140 approval does not remain valid then I agree with Kumar1 but if 140 remains valid then I guess the renewed H1B also should be valid as it is renewed on the basis of approved 140.
Can anyone throw some light on this?.... senior members..gurus..??
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designserve
01-27 02:42 PM
Testing to see if this appears.Go to this page :
Committee on Judiciary Subcommittee Jurisdiction (http://judiciary.house.gov/about/subcommittee.html)
Committee on Judiciary Subcommittee Jurisdiction (http://judiciary.house.gov/about/subcommittee.html)
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champu
03-12 07:04 PM
Friends,
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
Any advice on above post.
Thanks.
This is how it should be done...
- request USCIS to port your PD from already approved I-140 from past employer
USCIS may or may not do it for you
- if not apply for I-485 using Category of 2nd (should be EB2) and PD from 1st one. You need to attach both of these with I-485 application and of course a covering letter stating what you are doing.
Here is the extract from the law -
QUOTE
(3) Priority Date Based on Earlier Petition.
If an alien is the beneficiary of two (or more) approved employment-based immigrant visa petitions, the priority of the earlier petition may be applied to all subsequently-filed employment-based petitions. For example:
Company A files a labor certification request on behalf of an alien ("Joe") as a janitor on January 10, 2003. The DOL issues the certification on March 20, 2003. Company A later files, and USCIS approves, a relating I-140 visa petition under the EB-3 category. On July 15, 2003, Joe files a second I-140 visa petition in his own behalf as a rocket scientist under the EB-1 category, which USCIS approves. Joe is entitled to use the January 10, 2003, priority date to apply for adjustment under either the EB-1 or the EB-3 classification.
UNQUOTE
Disclaimer -
I am not a lawyer and this is not a legal advise. You may want to talk a immigration attorney for exact interpretation
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akhichopra
03-01 07:47 PM
Thanks for your kind reply. Yes this income of 40K is after my employer deducts taxes via withholding everymonth from my salary.
I am confused because I read that you have to declare any foreign accounts held. In my case I dont have any NRI account, I transferred the money to my parents account in India.
I am not sure if I fall in the category where I have to declare all this. Thanks again for your help.
I am confused because I read that you have to declare any foreign accounts held. In my case I dont have any NRI account, I transferred the money to my parents account in India.
I am not sure if I fall in the category where I have to declare all this. Thanks again for your help.
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diptam
06-10 07:29 PM
My point is not TSC or NSC - my point is we all sufferers should now unite and create pressure. I cant do alone , you cant do alone.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
There's a EB3 140 approval drought in not just NSC, but TSC too. I think it's going to get worse with EB3 becoming U. I am myself EB3 Mar 2005 and my job isn't looking very stable after my company resorted to outsourcing.
Can we suggest to AILA reinstatement of premium processing for those who've waited beyond some acceptable period of time? The same way they are doing for people whose H1's are at the brink of expiration.
I don't see any other way they will ever give heed to this problem i.e. where no monetary gains are involved.
How do you want to contact AILA - why they should suddenly listen to a bunch of 10 stray immigrants like you , me ??
One thing i dont follow in your post how EB3 becoming U affect Processing times of I-140 ? I-140 doesn't depend on "Country of Origin" or "Retrogression".
Let me know !
There's a EB3 140 approval drought in not just NSC, but TSC too. I think it's going to get worse with EB3 becoming U. I am myself EB3 Mar 2005 and my job isn't looking very stable after my company resorted to outsourcing.
Can we suggest to AILA reinstatement of premium processing for those who've waited beyond some acceptable period of time? The same way they are doing for people whose H1's are at the brink of expiration.
I don't see any other way they will ever give heed to this problem i.e. where no monetary gains are involved.
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Saralayar
06-05 09:36 PM
I efiled my EAD in NSC on April 16th and Still I am waiting.
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krishnam70
02-15 12:57 PM
Krishna_brc is correct. H1 B alien can be on medical leave, sick leave and can be unpaid during that period.
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that is flies with the USCIS.
Per law you are can get vacation for which the company has to pay you or you can also avail of unpaid vacation.
good luck
kris
bsbawa10
11-16 09:16 AM
I will support this quota only if it is for the University where I did the masters from. :)
alp_waj
11-07 10:16 AM
Thanks tnite, sunofeast and nursekm for prompt responses..
I guess even after applying for leave of absence, If I am out of states for more that a year, there are high chances of triggering GC cancellation by USCIS.
What do you guyz say ?
yes... I will be joining INSEAD, Jan 08 intake.
Thanks
I guess even after applying for leave of absence, If I am out of states for more that a year, there are high chances of triggering GC cancellation by USCIS.
What do you guyz say ?
yes... I will be joining INSEAD, Jan 08 intake.
Thanks
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