Sheila Danzig
02-25 01:44 PM
You can only use experience IF it is for EB3 AND EVEN THEN ONLY IF it so states on the labor certificate.
However, I have seen a few that have slid by the adjudicators. But the chances are very very slim and I have seen cases picked up later on if it was incorrectly approved ... but not always.
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
However, I have seen a few that have slid by the adjudicators. But the chances are very very slim and I have seen cases picked up later on if it was incorrectly approved ... but not always.
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
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kumar1
07-19 10:12 AM
This is what you can do - Both in Mumbai and in Delhi, you have USCIS approved doctors who help people going through CP. In other words those who choose to go through emp based CP or family based Green Card which US embassy issues, go through Indian hospitals in Mumbai and Delhi. I think Gangaram in Mumbai has this facility. Ask your wife to get it done from there. Do not wait till the last moment, as someone pointed out, a slight delay in flight could............
knacath
10-19 02:45 PM
E-filed on July 17th (NSC)
Received Card mailed e-mail today (Oct 19th)
Received Card mailed e-mail today (Oct 19th)
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bbct
06-19 11:12 AM
I just sent you a PM also.
I am not on EAD but on H1-B. I have a approval notice until 09/30/2010, but did not got the visa stamped. How should I replace "the EAD" portion in the letter?
Thanks
I am not on EAD but on H1-B. I have a approval notice until 09/30/2010, but did not got the visa stamped. How should I replace "the EAD" portion in the letter?
Thanks
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gk_2000
07-29 01:09 PM
Like it or not, USA want diversity;), they not want to be a second Indian, Asian, Mexican, African, European etc country.
And one way to try to manage this is by country limits.
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
And one way to try to manage this is by country limits.
The "diversity" is a celebrated argument in USA. However, it takes a backseat when doling out amnesty. And "justice" is also important, and you can't sacrifice something as important as Justice for "diversity", which is just a long-term-point-of-view concept
gc4arun
08-05 10:45 PM
Opened 2 SR' no response from either and Infopass tomorrow morning.
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apt29
08-12 04:52 PM
A little unrelated question but couldn't find the the right thread to post it...
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
What do you do if while traveling abroad, your GC is lost/stolen? Would the CBP officer at the airport allow you back in on the basis of a photocopy?
Another similar Question:
do we need carry the supporting documentation(Birth/Marrriage certificate, old H1Bs, etc) certifacte while travelling with GC? Please share your experience.
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mhtanim
02-12 01:48 AM
The first thing I would do is call the IRS and ask them for advice. You may call the IRS at 1-800-829-1040. Have the employer name and federal ID ready when you make the call.
You can also file Form 4852 with the IRS which is a Substitute for Form W-2. Please check http://www.irs.gov/pub/irs-pdf/f4852.pdf
IRS is usually very helpful. Call them up, they will help you.
You can also file Form 4852 with the IRS which is a Substitute for Form W-2. Please check http://www.irs.gov/pub/irs-pdf/f4852.pdf
IRS is usually very helpful. Call them up, they will help you.
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vishwak
01-13 03:48 PM
easyvishwak, there is a common disclaimer in any of the internet forums that you take the information with a pinch of salt. people post their experiences, whether to follow or not is totally your call. Next time, I wont be so polite when writing my response because you mentioned some unnecessary things in your response to my post. So, please do not aggrevate me. that was my experience, whether you want to take it or not, or, if others want to take it or not is totally upto them. same way, u dont speak for others. keep it to the point and dont do any personal attacks.
Hey does my posting is offending you, if sorry man.
I'm just concerned as we see lot of people who come here to gain knowledge.
And some lazy guys see postings and take them granted you know. Thats why I don't want someone to be in that situation. Have nice evening my friend.
Hey does my posting is offending you, if sorry man.
I'm just concerned as we see lot of people who come here to gain knowledge.
And some lazy guys see postings and take them granted you know. Thats why I don't want someone to be in that situation. Have nice evening my friend.
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sanbaj
05-05 03:26 PM
Hi,
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
Here is my situation:
Company A:
EB2 PD Aug 2006
140 Approved
485 Applied July '07 (Got EAD and AP for myself and wife. I am still on H1B but wife used EAD)
Still working with Company A and intend to work with them for another couple of years.
Company B:
EB2 PD Nov 2005 (Substitution labor)
140 Approved.
Can I interfile or do the PD porting so that I can get the older PD? If so, do I have to work for Company B?
I dont have a copy of the LCA and I may not have the original of the approved 140. Can I use a copy of 140 approval notice to apply for the interfile?
Do I need any kind of document from Company B like employment letter in future ?
Does the PD need to be current to interfile?
Do I need to work for Company B?
Does this process in anyway create problems for my current 485 status? My wife used EAD but I have been on H1B with the company that filed for my 485.
I already completed 180 days after filing 485. So, I can use AC21. Will this interfiling process have any impact on that?
How would I know that interfiling process completed successfully?
If USCIS denys the interfile I submitted, does that have any impact on my current 485 process?
If I want to use AC21, does that new job need be similar to Company A or Company B job requirement?
Thank you everyone..
My case is similar to yours except for me the company was the same for both I140s. The only thing my lawyer sent with the request was the Original I140 Approval Notice on the Second (Older PD) I140 (In your case that is Company A's I140). When the AOS application was filed, the Original I140 of Company A was used. The basic content of the letter is already explained in previous posts on this thread. Read them carefully. Also, consult a prudent and capabale lawyer who has some experience in successful Interfiling cases.
If both the I140s are approved on your name, there should be no issue as they have already done all the work related to Proferred Wage, DOL work categories (SOC codes), etc. AOS is just for adjustment into PR status on the basis of approved I140, of which you have two.
I am no lawyer, therefore, please consult a good lawyer to make sure all your questions are answered.
Hope this helps.
more...
ujjvalkoul
06-26 02:31 PM
everyone I go to offers Digital Photos (ID PHotos)....my attorneys had said Digitals are not acceptable...but looks like that is all u can get nowadays...
BTW Costco is the cheapest!!!
BTW Costco is the cheapest!!!
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songlan
09-14 10:17 PM
I couldn't agree with you more...
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
hm... So why are you here, in Immigrationvoice ???
As long as you are able to do what you want to do in life, that is what really matters. I don't have children yet, so that's not my worry. My spouse is on her own H1 and I hold two jobs on concurrent H1s.
Between the 3 jobs, we make good money, own two houses in the US, one overseas and live a content life. That's our GC, the actual GC is nice to have but it doesn't bother us that much...I bet there are plenty of GC holders out there who haven't gotten as far as I have...in terms of working 2 jobs & owning 2 houses.
So the moral of the story is, GC or no GC, live a good life, be content and don't miss out on the fun...don't let the GC fever bring you down..
hm... So why are you here, in Immigrationvoice ???
more...
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newtoearth
07-29 02:13 PM
Dear fellow Indians stop argueing with him...
Its time waste....
He donot know that
1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
2. India + China = More than 1/3 of the word... So there will be more people from those countries
3. All countries in the world are not same with population...
4. He is scared...
leave it..it is not worth to discuss with him
Its time waste....
He donot know that
1. India it self it is a diversified country.. with 18 official languages and many religions...over 2000 dilects...
2. India + China = More than 1/3 of the word... So there will be more people from those countries
3. All countries in the world are not same with population...
4. He is scared...
leave it..it is not worth to discuss with him
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rajakannan
06-27 08:04 AM
The lawyer's office are overwhelmed with applications that they need to address. People are worried whether their respective attorney's will file the papers in time. Keeping that situation is perspective, I dont think this initiative is feasible at all, even if it makes sense to a few...
It's for people who are atleast able to file within Jul 30th will give them a guarantee, for others they are unlucky if the lawers delay after jul 30th.
It's for people who are atleast able to file within Jul 30th will give them a guarantee, for others they are unlucky if the lawers delay after jul 30th.
more...
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wahwah
06-05 10:28 AM
you are correct. the new memo requires the adjudicator to approve the old i-140 first and then determine eligibility for porting. it doesn't mean that you can't port if i140 has not been approved.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
actually that is not what i understand...though we should wait for
1. some lawyer to come up with clarifications.
2. updates to the adjudicator field manual.
i think this still upholds the memorandum with regards to porting off on unapproved i-140. if you notice the case they have cited "Matter of Al Wazzan" is date Oct, 2005 where as the favourable Yates memo came out in Dec 2005.
what i understand is that they are just reiterating that porting off on unapproved i-140 is not automatic and requires that the adjudicator decide on the pending i-140 first before deciding wether the porting off is protected under AC21 or not.
but again...i myself am waiting for clarifications from immigration law websites like murthy.com and immigration-law.com etc.
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GodBlessYou
04-01 07:17 PM
god_bless_you
I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?
Thanks
OK Done !! sent two faxes!!
I am not sure what the issue is with your account. I know Siva has been really busy. Can you, as a quick fix, create a new account and fax from that?
Thanks
OK Done !! sent two faxes!!
more...
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svam77
08-10 01:01 PM
And on the top nothing is justified .....
only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.
Why dont u show ur frustration there ??
And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......
And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor
And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........
And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....
The whole GC thing is a broken process ....... Just leave this topic here
and it would be good if the moderator closes this thread ......
only two centers process LAbor Certs. Chicago approves in 4 days mx, but Atlanta Center approves in 4 months .... So people who applied in chicago can file their 485 but people who filed in Atlanta cannot.
Why dont u show ur frustration there ??
And legally, LS or LC or what ever or GC for that matter in these cases, is an employer based peition. And if a legal company wants to do it ......why r u guys worried .......DO NOT GENERALIZE EVERYONE. and on the top .... no one is a dharmatma here as someone said .......
And I know many people even on this forum who just alter their experience letters to match the skill set on the labor ? What about that ? Even that is a bigggg fraud ......Even if it is ur own labor
And I was in the US for the past 8 years, (F1 and H1) and me opting for a labor from last year .....How far is it justified ..... yes i did not want to jump ahead ........
And all of you are here to show ur frustration just because of July fiasco .....otherwise .......Hmmmmm Try to work with IV to do something for the community but jsut do not waste ur time forsomething which is past nowww, sickening ....
The whole GC thing is a broken process ....... Just leave this topic here
and it would be good if the moderator closes this thread ......
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arnab221
10-12 10:52 AM
---
Yes, this issue is on IV's agenda and we will not rest till we fix it.
On 7th July, when Fightnow, had organized a small rally in San Jose.
Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.
Hello GSC999 ( I forgot your real name :-) ) .
It was good to see and meet you at the rally .I was wondering if IV or its leadership have any updates on, when any bill ( if any) will be unveiled in the house . The end of the year is fast approaching and although we hear every other day that Nancy Pelosi or Zoe Loefgren is going to unveil something , nothing seems to happen . Only letters are flying back and forth each day from Governers and Tech industry representatives , but there seems to be no action . I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1)
Texas State Chapter member
Regular $ Contributer
Yes, this issue is on IV's agenda and we will not rest till we fix it.
On 7th July, when Fightnow, had organized a small rally in San Jose.
Another IV member had asked me a similar question, Karthik are you reading this? Yes, we care, was my answer then and now.
Hello GSC999 ( I forgot your real name :-) ) .
It was good to see and meet you at the rally .I was wondering if IV or its leadership have any updates on, when any bill ( if any) will be unveiled in the house . The end of the year is fast approaching and although we hear every other day that Nancy Pelosi or Zoe Loefgren is going to unveil something , nothing seems to happen . Only letters are flying back and forth each day from Governers and Tech industry representatives , but there seems to be no action . I prefectly agree with the fact that people are getting a bit overly impatient on the issues here , but I who has been patiently waiting and waiting and working with the state chapters just see a lull and silence on the immigration front ( Skilled and Unskilled ) . No one wants to talk about it or do anything about it on the Hill.Please prove me wrong here , I WANT TO BE WRONG !!!
DC Rally participant ( 2 + 1)
Texas State Chapter member
Regular $ Contributer
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Googler
02-28 04:07 PM
The fine print matters as always:
"A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days."
They'll define normal processing times in some weaselly way of course -- like that random date they show in the processing time charts. It is not the normative 6 months timeframe, since the statement implies that an application that has a current PD and has been pending for 180 days (cos its name check is pending for 180 days presumably the application has been pending 180 days) can be "within normal processing times."
So current PD + 180 day pending namecheck = 47K.
And current PD + 180 pending namecheck + outside "normal processing times" = 10K.
The 10K is from the Ron Gotcher post on Imminfo (http://immigration-information.com/forums/showpost.php?p=14035&postcount=1).
Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.
"A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days."
They'll define normal processing times in some weaselly way of course -- like that random date they show in the processing time charts. It is not the normative 6 months timeframe, since the statement implies that an application that has a current PD and has been pending for 180 days (cos its name check is pending for 180 days presumably the application has been pending 180 days) can be "within normal processing times."
So current PD + 180 day pending namecheck = 47K.
And current PD + 180 pending namecheck + outside "normal processing times" = 10K.
The 10K is from the Ron Gotcher post on Imminfo (http://immigration-information.com/forums/showpost.php?p=14035&postcount=1).
Note that the TSC processing date for EB I-485 moved back to April from May 24, 2007. So the flood of applicants from June are certainly not "within normal processing times" even if they fell out of the BECs and have an early PD, and have a namecheck pending >180 days.
jk333
09-19 03:26 PM
Hi Anna,
I see your point. You want to keep the momentum and keep
striking the iron when its hot.
But lets give the IV core and volunteers a few nights of good
sleep. They have all been working really hard and deserve this.
I am sure they have a strategic roadmap for us..
You know that's my point. do you really think we can't do nothing more?.....
we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....
This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
I'm no negative just wondering how to measure the success of the rally?
I see your point. You want to keep the momentum and keep
striking the iron when its hot.
But lets give the IV core and volunteers a few nights of good
sleep. They have all been working really hard and deserve this.
I am sure they have a strategic roadmap for us..
You know that's my point. do you really think we can't do nothing more?.....
we are highly sklilled smart and great immigrants creating the new America of the 21st century we can't just say, thats it lets wait.....
This country is about money, and we have the tremendous advantage that elections are coming, lets see the big picture.. why dont we jump to the next level from street protesters to work with one of the candidates or 2 or 3 , if they see money they will push our cause. Lets work on that now...
So those guys who attended the hearings or met with senators. what was the result? what did they accomplished? did they get the opportunity to participate with the senator or law maker in an action plan? or we just wasted that opportunity asking for autographs? please those guys post your comments.
I'm no negative just wondering how to measure the success of the rally?
nag2007
02-08 04:06 PM
I dont see any light at the tunnel. PDs will not move until they allow 485 filing even PD is not current.
