enggr
10-02 09:47 AM
Dear Friends/attorneys,
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"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."
---------------------------------------
Is it possible to request an EB2 to EB3 conversion after a I-140 RFE? I kindly request you all to help me.
I finished my 4-year engineering course in year 2000 and started working with the company which I got recruited. My degree has year 2002 due to the last supplementary exam. My attorney put the graduation as year 2000 and counted 5 years of experience from there (Because my degree has 2 dates on it). INS is counting only 3.5 y ears of experience after degree completion.
I think the only way I can survive this RFE is to request for an approval under EB3 category. The unlucky part is I didn't get that as an option in the RFE itself (which many people got).
The paper ad as well as labor certification is not specific about "progressive experience" or experience after degree completion. The ad just says Bachelors degree with 5 years of experience.
Please advice me how to respond to this RFE in a safe manner.
This is what the paper ad says "F/T MS Degree or equivalent in Engineering field OR BS Degree or equivalent with five years ex "
EB2 PERM : Aug 2006.
EB2 I-140 (REG) : Nov 2006.
EB2 I-485/ EAD : July 2007.
EB2 I-140 RFE received : Sep 2007.
RFE
---------------------------------------
"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."
---------------------------------------
wallpaper Even though SAFE HOUSE is
maverick_joe
02-12 03:25 PM
gc_bulgaria, whos is the primary on your application? you or your spouse?and who falls under ROW?
These are the following I used on top of the stupid cover letter that I am sure they dont see.
1. Talk to Congressman's office
2. Letters and faxes to USCIS
3. AILA liason (through your lawyer).
In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.
These are the following I used on top of the stupid cover letter that I am sure they dont see.
1. Talk to Congressman's office
2. Letters and faxes to USCIS
3. AILA liason (through your lawyer).
In my case the lawyer's connections helped. Even though my PD is current now as per VB, till they reach my notice date, they will not touch it.
brain_implosion
12-13 10:05 PM
HAs anyone used CC after primary 485 filed? I got married this year, spouse from non retrogressed country, but 485 filed in July 07. Does any one have exp with this?
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r2i2009
05-18 01:59 PM
Bullcrap....EB3 will become "U" in next one.
Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
Too many Desis....too many competition for visa numbers....EAD is my GC for next 5 yrs.
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sk2006
07-14 10:48 PM
Thanks for the quick response...
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
Could someone please provide me the co-affidavit letter template.
Thanks,
Sangeetha K
Get it from your lawyer. That is what I did.
They know what language would be appropriate for your case.
desi3933
02-18 06:57 PM
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
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scamp
04-21 01:13 PM
I know how you feel but Im sure your time will come, our application is in Texas Service Center also and we are current since March and I was expecting that it will be approved in November but thank God my husband received an approval email just today. Forget about their processing dates it was never followed in our case, our I-140 was supposed to be approved december last yr but we got approval notice last October, our receipt notice for I-145 is June 20, 2007 but we got approved today.
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
Here's other details:
Eb3 Philippines
PD July 2004
1-140/I-485 RD June 20'07
I-140 approved- Oct 25'07
I-485 aprroved- Apr 21'08
2010 Mar his characters that he has
Hermione
09-27 10:07 AM
The article says: "After all, if the legal process was more efficient and less daunting, perhaps the illegal immigration problems wouldn't be quite so bad."
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
I say, it is not perhaps, it is a given. When there is a legal remedy for any issue (not just immigration), then 9 out of 10 people would not go the illegal way.
This is very much correct. And it is also the reason to position fixing immigration system as a remedy for both legal and illegal immigration. If you propose a help for legal immigrants, lawmakers are not going to listen to you as much as if you proposed something that fixes both legal immigration and encourages less illegal immigration in the future. It is that simple.
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chanduv23
03-03 11:55 AM
Chanduv23, When you moved to another employer, did they give you a permanent offer letter for your GC process that you would attach with the Ac21 documents or did you use the employment letter that they gave for joining the new company?? Am I confusing you? I meant to ask, since GC is for future employment, did thay give you a separate employment letter for the future job?
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
Yes, the wording is very important. When I sent the AC21 documentation, it was just a letter explaining employment details and particulars, but when I replied to NOID, they specifically requested "prospects of employment" - and we responded as "this is a full time permanent job and the prospects are good" - which means they see it as future employment.
As long as you have worked for original employer for a good period of time, stick to your skills, have good w2 history, you don't have to worry - you can always show that your prospects are good.
Though Green card if for future employment - the entire process revolves around how best you fit the future employment category - AC21 is one such rule that gives you room and flexibility.
hair Travolta in Saturday Night
ksita48
07-23 09:30 PM
Brief Description of my Case Joined Vision Systems Group INC,(VSGInc), Southplains Field, NJ in the year March 2003. My H1B was transferred to VSG Inc from my previous company which got merged with another company. VSG Inc filed my Labor Certification in 2003 (EB3) on Dec 23,2003 which has gone to Back Log Center, Harrisburg, PA and got approved only in Dec, 2006. In July 2006 VSG Inc, filed PERM under EB2 and got approved and filed I140 under EB2. But when USCIS sent RFE, my company has withdrawn the I140 without responding to RFE. In July 2007, during 2007 visa fiasco, VSG Inc filed I140 electronically, and I485 and other papers concurrently in July 02, 2007. Got the receipt notices for I140 dated 07-02-2007 and for I485 and others on 06-05-2008. Received EAD and travel docs in July 2008. My I140 is still pending at Nebraska Service center as on date. When contacted trough the Local Congress Man, Dept. Of Home land Security replied on Feb 09, 2009 as follows: �The processing of I-140 has been delayed, not yet ready for decision as it has been selected for extended security review, independent of FBI name check and fingerprints. Until the review is completed, we cannot move forward on this case. We will make every effort to make a decision on this case as soon as the review is complete. However, we have contacted the security team POC to see if this case can be reviewed to see if it can be moved for adjudication.� VISION SYSTEMS GROUP, INC., a New Jersey Domestic Profit Corporation, with a branch office in Coon Rapids, Iowa, was also indicted in a ten count federal indictment that included one count of conspiracy, eight counts of mail fraud, and one count of �Notice of Forfeiture� in the amount of $7,400,000. The investigation is being conducted by U.S. Immigration and Customs Enforcement (ICE) in collaboration with U.S. Citizenship and Immigration Services - Fraud Detection and National Security Division (FDNS); U.S. Department of Labor - Office of Inspector General; U.S. Postal Inspection Service (USPIS); U.S. Department of State; and is supported by the U.S. Attorney�s Office for the Southern District of Iowa. At the out set I am in a complete depressed state an seek your help and know the fate of my AOS applications like I-140, I485 and others and the best possible course of action I may have to take immediately. My concerns and questions: 1. Should I transfer my H1b to another company? 2. What will happen to my pending I-140 and I-485 petitions? 3. Or should I continue with the present company wait for the outcome? 4. How much time it may take to finally conclude this process normally? 5. If the company is proved guilty and be closed by the Govt. or blacklisted what will happen to the Employees like me who are absolutely not concern, nor involved and go by Rules and in the project working If you can throw some light on these matters, It would be of great relief to me who has spent in this country for 11 years legally paying all the taxes.:confused:
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dilbert_cal
04-15 12:04 PM
If your employer remains the same , the job remains the same and the job location is only changing by 8 miles, you have nothing to worry about. It will NOT cause any issues.
Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.
ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.
Btw - Did you talk with your company lawyer and/or your manager about this ? What is their opinion.
ps :- You have two threads - please delete one of them or edit the post so that two threads do not go in parallel.
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chanduv23
04-13 10:43 AM
You are very correct. For them immigration issue means, family based greencard system. They will be happy if EB greencard is eliminated so that all greencards are given to their families.
My friend contacted such organization and they said that they will help us by putting our issue on their website. For that I should ask IV to contribute to their cause. They refused to contribute anything or do anything for IV. They said that by putting IV's name on their site, they are doing us a favor by enhancing our profile and that is a big help. I am now repulsed by such ABCDs.
This is so much in contrast to hispanic orgs or Irish orgs or jewish orgs who care for their people.
yes, our community is divided. The main reason is, all these years, majority people used short cuts methods or got lucky or effortlessly immigrated and jumped to the other side. Things were not so tough for them as compared to us and we are competitive. They hate us for being competitive so they influence the law makers and the results is obvious EB green card is 10% and FB system is bringing in 60%. They take advantage of the the H1b system to live on us and influence the policies making it tougher.
We are better off not seeking their help, but if people think otherwise, go for it. A lot of these organizations are formed for convinience and self interest and they really do not have any interest in the community as a whole.
Take example of ATA and TANA. ATA is called American telugu Association and TANA is called Telugu association of North America. They say ATA is for Reddys and TANA is for Khammas.
Look at the Gujjus. They are strongly bound their community only. Look at all the Tamil sangams, Kannada Sangams, ......
I am not blaming them, but just saying that their agendas are not ours. We may be better off not spending time with these people.
My friend contacted such organization and they said that they will help us by putting our issue on their website. For that I should ask IV to contribute to their cause. They refused to contribute anything or do anything for IV. They said that by putting IV's name on their site, they are doing us a favor by enhancing our profile and that is a big help. I am now repulsed by such ABCDs.
This is so much in contrast to hispanic orgs or Irish orgs or jewish orgs who care for their people.
yes, our community is divided. The main reason is, all these years, majority people used short cuts methods or got lucky or effortlessly immigrated and jumped to the other side. Things were not so tough for them as compared to us and we are competitive. They hate us for being competitive so they influence the law makers and the results is obvious EB green card is 10% and FB system is bringing in 60%. They take advantage of the the H1b system to live on us and influence the policies making it tougher.
We are better off not seeking their help, but if people think otherwise, go for it. A lot of these organizations are formed for convinience and self interest and they really do not have any interest in the community as a whole.
Take example of ATA and TANA. ATA is called American telugu Association and TANA is called Telugu association of North America. They say ATA is for Reddys and TANA is for Khammas.
Look at the Gujjus. They are strongly bound their community only. Look at all the Tamil sangams, Kannada Sangams, ......
I am not blaming them, but just saying that their agendas are not ours. We may be better off not spending time with these people.
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house Movie night at my house
mudigondag
05-27 12:56 PM
Does anyone know how many days prior to expiration of EAD, we can file for extension?
tattoo Night Drive
Radhika
07-09 01:12 PM
upgraded on June25 to PP got status changed on 30th. Received approval notice by attorney on July 6th
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pictures Fright Night at 3:19 pm on
iv_only_hope
02-17 10:10 AM
Well, no other sites have posted this. Murthy, AILA etc. so its difficult establishing credibility. Also, dont you find it strange that he says EB3 India wont move? It has been at 2001 since long time (excluding anomalies). If that wont move this year when will it move. Are there so many eb3s ? especially with ppl porting to eb2s?
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wandmaker
11-18 10:37 AM
shutterbabe: Prior to July fiasco, EAD is issued after regular FP; but I have not heard of separate FP to process EAD for Paperfiling cases. If you (have) efile(d) your AP, you will get a separate notice to FP for EAD without that your EAD will not be issued. I would advise you to take an inforpass appointment and discuss with I/O. At the worst case, you have them open a SR and take it from there.
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makeup and his cast; the movie
himu73
07-13 03:43 PM
BEst of luck to you all for the rally. Take lots of photos. Who is arranging video cameras,digital cameras from IV.
NJ member
NJ member
girlfriend Fright Night movie 1985 (3).
immi_seeker
07-12 11:57 PM
Hi,
Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:
Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)
Thanks.
Center is NSC. They recieved the Application on june 19th
Just wanted to know about your EAD: Which Center you have applied ? NSC/TSC. What date they have received. My EAD Renewal is pending, and I wish to change job. :confused:
Appreciate your reply. Anyways, You should not be worrying too much on EAD, as your PD is current now, and youshoudlget the Card in coming months. :)
Thanks.
Center is NSC. They recieved the Application on june 19th
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intheyan
08-20 02:34 PM
The same here. The primary got approved and the dependent is still pending.
daishwarya
07-20 03:03 PM
@Sanjay, sent you a private message. Please check.
mariusp
02-22 09:28 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=NSC
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
TSC
485: went from May 24 to April 10, 2007 :(
140: June 23, 2007
NSC
485: July 30, 3007
140: Jan 22, 2007
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