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.
wallpaper Black Hairstyles and Black
arnab221
10-11 04:15 PM
Has anyone thought of the people who missed the august 17 deadline because the labor was not cleared within time. Because of no mistake from ourside, we have to suffer. What a screwed up legal situation ?
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .
As of now PD is apr 2001, I dont know when will it move ?
Thx
Nag
I missed the date by just a week:( .Not sure what to do here . People on the forum seems to be concerned about Fingerprinting and getting EAD's only .
coloniel60
08-15 01:32 PM
Some peoples think that they are the smartest world has ever Produced.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
When you go for Fedex/USPS Express they takes your Name, Current Address in a page which has Pointer to the TRACKING NO. 1 copy comes to you , 1 copy goes out with Package and 1 Copy gets saved with FEDEX/USPS.
The 3rd copy above is sufficient to straightout any "Potential Liars" :mad:
If a lawyer is mailing the application and he probably is mailing hundreds of applications, he won't give the applicant's address in the USPS senders address. So there is no way to match a receipt to an applicant. Besides USCIS won't know what the contents of the package are.
2011 Cute Black Ponytail Hairstyles
willwin
06-24 04:32 PM
there is only one action item right now and it is on the forum.
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
the update and action needed prior to this was handled by state chapters, however everyone is now up to date with what needs to be done.
state chapters are voluntary but very effective in initiating grassroots approaches to our problems, they have also proved very effective with focussed actions recently. a state chapter is simply a local community that networks and offers support. so it really has many other advantages than just a question of updates.
anyway there is no fresh update currently.
I learned that the full committee meeting was scheduled for June 23rd (yesterday). Was it dropped or rescheduled?? Can you give that piece of information?
more...
eb3retro
04-16 01:48 PM
Yes I believe my attorney did provide the educational evaluation documents. It was the same documentation used for the H1B & the PERM Certification. Any idea of what my chances are with the appeal?
i hate to say this, in my opinion, urs is a little tough case. This is just my thought. Other gurus here may have a better advice for u. But this is uscis, you are dealing with. So you never know. Provide a better educational evaluation and keep your fingers crossed. All the best.
i hate to say this, in my opinion, urs is a little tough case. This is just my thought. Other gurus here may have a better advice for u. But this is uscis, you are dealing with. So you never know. Provide a better educational evaluation and keep your fingers crossed. All the best.
mrane1
09-26 03:01 AM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
Wow your situation is indeed unfortunate! Its really your lawyers fault... he should have checked this and filed EB3 to begin with... or atleast given you an idea that something of this sort might happen at 140 stage, if you insisted on eb2... What was suggested by your friends seems to be the only logical step... and its highly unlikely that USCIS will budge from their stance... maybe other people might have better idea...
more...
gcstudent
08-12 03:39 PM
In my opinion all this 5 months, 6 months rule applies only if you have not waited at any step. Like in EB1 where you can go thru the whole process in an year.. However if they made you stick to the same employer , same position for 10 yrs (maan i.e 1/4th of your working life!!) you can always have a strong argument even if USCIS decides to do something. I think those who got "freedom" , you have worried enough.. now it is the time to "go out" and enjoy!!
2010 ponytail hairstyle
bujjigadu123
03-03 03:33 PM
Can you guys guess, why isn't there an update on this thread after the visit?
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
Hi All,
Sorry for the delayed response.
Result:
ICE officer did not visit me on the scheduled day. There is no communciation from him so far on reschedule also. I donno what happened. I also did not want to follow up with him.
Regards,
bujjigadu.
Do you think we will ever see an update from OP?
Hope, all have gone well with this guy and soon will see update on the visit. :)
Hi All,
Sorry for the delayed response.
Result:
ICE officer did not visit me on the scheduled day. There is no communciation from him so far on reschedule also. I donno what happened. I also did not want to follow up with him.
Regards,
bujjigadu.
more...
ppt.b
04-09 11:42 AM
Agreed 100%. Last year I was part of this lottery system, had a genuine job offer but was not lucky enough to be selected in the lottery. I know so many people who were lucky to get thru the lottery but are still hunting for jobs.
I hope this changes....may be after Presidential elections....
I hope this changes....may be after Presidential elections....
hair category: Black Hairstyles
Jaime
08-31 03:32 PM
ABC News:
http://www.abcnews.go.com/Business/story?id=3526093&page=1
http://www.abcnews.go.com/Business/story?id=3526093&page=1
more...
eb3_nepa
02-12 12:01 PM
HI ..most the CP filers are in US and contribute to Immigration Voice regularly. You can say by mistake or something else some people chose to go for Consular Processing when dates became current and they all are in bad shape at this time. If you think about those who applied for Cp being in US then you would realise 485 filers are too much priviledged in comparison of them.
Thank
If you are IN the US why are you filing for CP?
Thank
If you are IN the US why are you filing for CP?
hot lack hairstyles ponytail.
pady
08-20 04:01 PM
I guess this link is for H1 violation.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
I knew that this is against the law to pay for GC expenses, but as you guys know we are all in the same boat. There is nothing I can do except to fight.
more...
house Black Inspired: long hair
satyasaich
07-21 04:02 PM
EAD Renewal applied online on Jun21st
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
My Case
Got the LIN088001XXXX
FP done on 07/11
Approval Email received (card prodcution ordered)today
Spouse Case
Got an MSCXXXXXXXXX Number as receipt number
FP done on 07/11
Approval: Not yet
Will update again once i revceive the card whether i't s a 2 year EAD or 1 year EAD
----
EB3/ India Nov2003
Proud Supporter of IV
"Don't go where a path leads. Rather go where there is no path and leave a trail for others"
tattoo Long Black Ponytail Hairstyles
dpp
07-19 02:05 PM
Q : Must an H-1B alien be working at all times?
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
As long as the employer/employee relationship exists, an H-1B alien is still in status. An H-1B alien may work in full or part-time employment and remain in status. An H-1B alien may also be on vacation, sick/maternity/paternity leave, on strike, or otherwise inactive without affecting his or her status.
Check this.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a62bec897643f010VgnVCM1000000ecd190aRCR D&vgnextchannel=1847c9ee2f82b010VgnVCM10000045f3d6a1 RCRD
I think desi3933 is correct. It is the employees responsibility to maintain the status and all the employee can do is to sue the employer for the pay. Even I am not sure about 30 day rule, but employee should be getting payed on H1B. Also it may only be necessary to prove the legal status since the last entry.
more...
pictures the new ponytail…
test101
07-10 08:04 AM
we need to focus our effort on the EB situation not on LOU DOBB...
dresses Ponytail hairstyles are one of
Vsach
07-27 08:01 PM
You are being a jerk and don't encourage others to be:mad:
more...
makeup Jennifer Lopez ponytail hair
sapota
10-11 05:02 PM
bcos I was there stuck at BEC with no result in sight for 4 years.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
My advice would be to file for another LC through PERM ( I know its hassle) & file it in the EB2 category if you are eligible (even if your company might not sponsor the 2nd labor, you should probably foot the bill). This way, you can retain your old priority date & file in EB2 sooner. Or maybe wait & watch how the cutoff dates progress ( I think EB3 will surely move to 2003 soon (early/spring 2008) for India.
I know that its not easy looking at all the threads talking about starting company using EAD, buying homes, recpt. number, AC21 etc. when you missed the boat to file I-485. But hang in there. When one door closes, another one opens.
girlfriend Hair Color | Girls Hairstyles
Hello_Hello
10-29 09:16 AM
It is dark age for immigrants in America. They are just inventing ways to harass people. There shouldn't be a reason to issue EAD or AP in time. They have increased the fees several folds in recent years. They want us to run pillar to post for everything, be it work permit, travel document, driver's license...Just discouraging aliens to live in this country.I am trying to understand the cause for this huge delay to issue either EAD or AP. Could it be due to a large number of I-485 filers in July 2007 that the agency is unable to handle the volume of requests (either for a new one or renewal)?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
Has USCIS come up with any explanation as to why there is lot of delay to issue EAD renewals or new EADs? Could it be the US economy that is causing the drag on the agency?
hairstyles african american hairstyles
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 ???
vinzak
12-21 12:07 PM
The only time I have had to deal with the Houston Consulate (or any Indian Consualate in the US) was last year when I needed a new/renewed passport. Sent it by mail and received it back in 1 week. I really can't complain since it's the best experience I have had with any consulate.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
I applied for a UK visa, and they stuck someone else's visa in my passport. To call them, there's only a paid line for 99c a minute, even if it's their fault. And I was put on hold for 15 mins.
Applied for a Canadian visa, 3 mnths in advance of my trip. When I asked after 3 weeks, they told me pretty rudely that of I enquire about the status, it'll take even longer to process. (This is a tactic I would love to use with my boss whenever he asks about the status of things I'm working on) :) Finally processed it in 2.5 months. This was a simple single entry for 4 days.
Applied for a schengen visa(Germany), they took 3 weeks to process a simple business visa. Sent back my documents saying that I didn't have coverage for repatriation of corpse should I die in Europe, even though my policy clearly had it and this was verified when I presented the documents in person at the consulate. Schengen countries demand that you apply in person, because they want to make sure you have the face for going to Europe.
I have a Dutch friend whose Indian wife took 3 mnths to get a visitor visa. This is because he complained to the Dutch foreign ministry when her visa wasn't done in 3 weeks. He was outraged that the wife of a Dutch citizen should be treated by his govt. like that. Oh well, they showed him.
So given all this, I would assume that all embassies/consulates are inefficient, simply because they are government workers who are not answerable to anyone and can't get fired. And they work in a monopoly.
Of course, we like to think Indian babus are either stupid, lazy, corrupt or a combination of the above because it's a mindset we have. But looking at how USCIS and the embassies above operate, I think Indians are pretty much on par with everyone else.
paskal
08-31 05:09 PM
why can't we count now?? just approx. is also fine, can we have some sort of poll??
go check the tri state poll, see if it's crossed 50 responses out of 3,500 + members. to have a poll and make it meaningful you need willing participants. that means many people need to spend a whole 30 secs not thinking about receipts. everyone worries about them- i'm talking here about the significant number that obsess about them. do note that the July 2 thread dies after work hours. so most people who refresh all day do it only at work.
nah! we can't have a poll. it would be a meaningless exercise. my guess is that we will only get people to understand what the problems really are when another knock like July 2 comes along. and that is just too sad....
go check the tri state poll, see if it's crossed 50 responses out of 3,500 + members. to have a poll and make it meaningful you need willing participants. that means many people need to spend a whole 30 secs not thinking about receipts. everyone worries about them- i'm talking here about the significant number that obsess about them. do note that the July 2 thread dies after work hours. so most people who refresh all day do it only at work.
nah! we can't have a poll. it would be a meaningless exercise. my guess is that we will only get people to understand what the problems really are when another knock like July 2 comes along. and that is just too sad....
