leonimish
04-26 08:45 PM
Hi,
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
I am a B. Com, M. Com (1 yr) and CA from India, CPA (USA) with more than 12 yrs exp in accounting industry, including 7 yrs of post qualification (after CA) exp. - But even after all these qualifications, I was suggested by a leading law firm that I will not qualify under EB2 :mad: :mad: !!!!
If the position required a bachelors degree then you have problem !!!! What he (lawyers asst) said that you either need 4 yrs single degree or 3+3 yrs degree to qualify for EB2. He specifically said that 3+2 yrs degrees or 3+1 yrs (as in my case) does not qualify for EB2.
I have not yet filed GC yet though.
Hope this helps.....
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smrryl
01-07 09:19 AM
Hi,
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
I 've applied for my H1 extension in August 2009 (Just two weeks before my previous I-94 was expiring), after a month I have been facilitated with RFE for client letter. As usually my client denied providing me a letter and told me to contact primary vendor for any of this kind. Finally got a letter from primary vendor with roles and responsibilities of mine with very extended duration. RFE was answered with the primary vendor letter, and after couple weeks extension was denied.
Now my previous H1 got expired two months back, initially my employer told me that he will open MTR but attorney suggested that chances of MTR success is less and asked to file new application for extension. Another application (premium) was filed within 2 weeks of first application denial and after couple weeks my extension was approved.
1. will the period between initial H1 expirey date and approval of 2nd application for extension considered as "out of status" ?
2. Had to visit india and need to go for stamping, how is mexico in my case?
3. I heard that due to not having an entry in PIM, applications are kept pending for 4 to 6 days in india with 221g. How about mexico, will it be same?
Thanks in Advance.
smrryl
franklin
04-04 03:37 AM
Just in case you missed my other post
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691
2011 Luxury irthday card.
raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
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humsuplou
03-09 07:57 PM
I entered exactly the following on a separate sheet for that item:
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
I see. And did you attached any documents with that statement?
"Pending adjustment of status petition. Lengthy adjustment and the need to visit family from time to time."
I self filed for I-131 (both for my spouse and myself) and had no problem with the approval.
I see. And did you attached any documents with that statement?
impala
09-18 01:18 PM
I have been working for that consulting firm for the last 4 years and they have been minting their part of the money..are they not satisfied with it???,,,this is crap friends,,,,
I trusted them and they betrayed me,,,,in the end it feels like it�s INTENTIONAL�.
Help me friends,,,
I trusted them and they betrayed me,,,,in the end it feels like it�s INTENTIONAL�.
Help me friends,,,
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johnykah1
01-18 07:18 PM
My case is like this....
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
Actually I got approval notice of H1 transfer case in month of Nov 2009 for which my current employer initiated in month of Aug 2008.
During transfer case in pending status, I got an RFE in April 2009 for which my employer submitted concerned document...later I did not have any updates of my case until Aug 2009 when employer called me and told about an second RFE which was about client letter...I lost my running project job becoz of that. but my employer again submitted client letter from somewhere which I dont know.....I thought now everything is good..but I did not get approval update from USCIS/employer after that also......
After 3 months when I check case updtate on USCIS portal then I found that my case is reopened and approved. Later when I get project and asked for salary increment to employer then he told me that there is no second RFE actually he received denial notice. I was shocked and asked him why did not he tell me about that as he has not given me any RFE related document of my case so I have to belive on his words.
Now my queries with different scenarios is as follow
Q1)If I file WH4 against him for those bench
period without any newly initiated transfer (petition belongs to that employer only)...will there be any problem for me as that period was out of status (as said by my employer)?
Q2)also will it affect if I newly initiate transfer process to another employer which is suppose in pending status ?
Q3)If I have approved petition of newly initiated transfer(of another employer) but WH4 case gets denied. will it affect my approved petition?
Q4) if both H1B transfer to new employer and WH4 case against previous employer is in pending status ...and WH4 gets denied will it affect my pending transfer case?
Q5) Is it really good to file WH4 case against previous employer as soon as I start another transfer? what will be your opinion whether to file WH4 case before new H1 transfer or after when received RFE on pending new H1 Transfer case.
Appreciate if any attorney can help me in this situatation.....
thanks......
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jliechty
June 11th, 2005, 08:22 PM
Did I get your attention? If you're under 18, you may only scroll down for the first three pictures... ;)
Anyway, on Thursday I got a Nikon 24-85mm f/3.5-4.5 AF-S zoom and Tamron 90mm f/2.8 macro from KEH, as well as a Hoya polarizer in 67mm from B&H for the zoom (really wanted an IR filter, but the polarizer would be more useful most of the time). I also got an Epson R200, but that's a story for another time. Since the best part of digital photography is sharing pictures, I thought I'd do just that... :D
http://www.dphoto.us/forumphotos/data/1381/new_lenses.jpg
http://www.dphoto.us/forumphotos/data/1440/sheltie.jpg
http://www.dphoto.us/forumphotos/data/1286/strawberry.jpg
http://www.dphoto.us/forumphotos/data/1440/insects.jpg
Anyway, on Thursday I got a Nikon 24-85mm f/3.5-4.5 AF-S zoom and Tamron 90mm f/2.8 macro from KEH, as well as a Hoya polarizer in 67mm from B&H for the zoom (really wanted an IR filter, but the polarizer would be more useful most of the time). I also got an Epson R200, but that's a story for another time. Since the best part of digital photography is sharing pictures, I thought I'd do just that... :D
http://www.dphoto.us/forumphotos/data/1381/new_lenses.jpg
http://www.dphoto.us/forumphotos/data/1440/sheltie.jpg
http://www.dphoto.us/forumphotos/data/1286/strawberry.jpg
http://www.dphoto.us/forumphotos/data/1440/insects.jpg
more...
wandmaker
08-26 08:29 AM
Hi,
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
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ebizash
07-29 11:23 AM
I had renewed my passport from Chicago Consulate couple of years ago. Their website is not the greatest and the forms were also very confusing. I had created a thread in this forum seeking some help but no one had any idea about which form to use.
As I lived in Chicago area, I just walked in the consulate, filled out the form, gave them the money and my passport and got it back in 3 days.
This may have changed but if your original passport was issued / renewed 10 years ago then you will need to get a new passport but if it was issued 5 years ago then they will just renew it.
Hope this helps!
As I lived in Chicago area, I just walked in the consulate, filled out the form, gave them the money and my passport and got it back in 3 days.
This may have changed but if your original passport was issued / renewed 10 years ago then you will need to get a new passport but if it was issued 5 years ago then they will just renew it.
Hope this helps!
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Project_A
11-15 04:36 PM
Looks like the demand data does not include the backlog at NVC. How does it work? I am not familiar with the process. Any ideas...?
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
Please see my earlier posting:
Here is the latest snapshot of the backlog of EB applications:
EB1= 7,595 + 2,961 ( at NVC) + new applications.
EB2= 45,573 + 6,738 ( at NVC) + Huge backlog waiting in line.
EB3= 114,442 + 102,395 ( at NVC) + unknown backlog waiting in line.
*NVC stands for National Visa Center.
** Does not include service centers.
* Spillover to EB3 may not happen for several years due to a large number of EB2's waiting to submit their 485 applications.
* Even if spillover occurs, majority of them will go to EB3 Philippines (please See the NVC backlog).
* From the above, assuming no spillover to EB3-I, it would take (56,640 + 20,873)/2600=30 years.
* With spillover (lets say after 5++ years due to the pending EB2�s), it may take another 5 to 7 years to clear the EB3 backlog.
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kondur_007
02-19 05:48 PM
I am not familiar with the for I 130. But I can answer about 485:
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
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gcisadawg
04-24 12:35 PM
Thank you very much for quick response. My wife has NO stamping in the passport but we have AP. Do you think a copy of I797 will be OK at POE?
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
Thank you very much!
If you have AP, I dont see an issue. Just take a copy of your I-485 and I-797...That should be enough....Also quickly print your last two paychecks.
I travelled with AP and a copy of I-485 receipt....Nothing else....
Best wishes
GCisaDawg
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newbee7
07-15 08:04 AM
The whole process in complicated and needs a lot of back and forth btwn hr/attorney. Most attorney's will take 4-6 months at min.
more...
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kamand
01-06 12:19 AM
Thanks "glus" for the information.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
I received the below advice from an attorney in another forum.
"Make the CIS aware of your approved I-130 and ask that they approve your AOS on that basis. Send a copy of the I-130 approval notice, together with a copy of the I-485 receipt notice to the correspondence address shown on the lower left side of the receipt notice."
According to that attorney, it looks like I can interfile I-140 with I-130. Any thoughts/comments on this?
Thanks.
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ghost
07-20 11:21 AM
:D Send it to Jay Leno for Monday Night News. You can black out any personal information
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BNB326
08-20 04:05 PM
Thanks for your suggestion.
I am worried whether i will be able to find a job in this tough situation or not. So if that is possible, i would like to start that route too.
Any other option?
Thanks,
I am worried whether i will be able to find a job in this tough situation or not. So if that is possible, i would like to start that route too.
Any other option?
Thanks,
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roseball
09-01 05:56 PM
Thanks a lot for giving a reply on time.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
I hope you realise this is a serious issue. You need to find out from your employer who filed your H1 whether he filed it as a "Change of Status" (COS) petition or "Visa to be issued abroad category".
If it was a H1 COS petition, then you have been accruing unlawful H1 status since your H1 start date as your status automatically changed from H4 to H1 (assuming your approval came with an attached I-94). In this case, you need to get back to H4 status. You can do that by re-entering US on a valid H4 visa (preffered way) or by filing a new H1 to H4 COS petition.
If your H1 petition was not filed under COS (filed under Visa to be issued abroad category), then you are still on H4 status (assuming you have been maintaining a valid H4) and there is nothing you need to do. If you want to convert to H1, then you need to go to a consulate mentioned on your H1 application, attend the H1 interview and re-enter US using H1 stamp.
Hope this helps and you take the necessary action.
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Roger Binny
10-02 10:17 PM
bump
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
Can anyone please comment ?
Yes, yours is back into under normal process.
By the ways, using which URL did you track the progress ?
vnsriv
07-05 01:05 PM
Dude,
I don't have 15 mts time to search on forum. I had a question and I asked, Lasantha promptly answered. And you further wasted my time by writing your expert opinion and now I am wasting my time further replying to you. No hard feelings adios!
I don't have 15 mts time to search on forum. I had a question and I asked, Lasantha promptly answered. And you further wasted my time by writing your expert opinion and now I am wasting my time further replying to you. No hard feelings adios!
vin13
05-28 12:47 PM
IVians,
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
Wondering if anyone on this forum at had applied for unemployment benefits in the state PA. My wife who has a dependent AOS pending wnats to file the claim and see if it gets approved.
on PA state Govt. website, it is asking for the Alien registration number(A#?) if the person is not a US citizen.Is it o.k to provide the A# ?? Also, since my spouse worked on 1099-Misc for a while,we don't think they are going to accept our Applictaion to provide unemployment benefits. But we just gonna try and see...
Please advise?
Have you done any homework before asking these questions? Have you called the unemployment office to inquire about her eligibility?
To answer your question,
Yes, it is OK to provide A#. Without the A# they will not be able to check on her immigration status.
You would qualify for Unemployment in PA as long as there is a pending green card application.
Offcourse the applicant should have earned income in the previous year to qualify.
I would highly advise you to contact the unemployement office in your local city and explain your situation and get their advise.
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