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03-31 11:27 AM
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Aah_GC
07-08 03:06 PM
Get your wife to use EAD (and hold off on H1 transfer) and wait for your GC card. Many congratulations to you and have a great future ahead..
bpratap
04-10 03:46 PM
I was looking for getting VISA for my Niece and Nephew, who are below 14yrs. But I didnt find an option for them not going to consulate.
it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.
it take more effort n paperwork to get the visa without going to consulate even for the kids below 14, better option is to go to consulate.
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a1b2c3
04-14 09:11 PM
If senior citizens have to travel frequently from India to the Bay area (California) what is the most preferred airlines?
Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.
please share your experiences and provide your feedback.
Points of comparisons would be pricing (frequent flyer discounts), leg room, optimum layover, wheelchair facility, good in-flight attendance, food and so on...the experience with the emirates has been ok thus far.
emirates didn't provide the wheel chair at the airport although it was made available in india and sfo. also the leg from dubai to sfo is very long.
please share your experiences and provide your feedback.
more...
samcam
05-19 03:56 PM
Welcome to our newest member, gmpa
I think I missed a couple of you..
I think I missed a couple of you..
kowligi
10-01 08:47 PM
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
more...
gc140
10-23 10:58 AM
Thanks a lot Ragunath. You saved my $1150. Sheila was asking $1150 for processing.
If you don�t mind will you please share your case?
How did you proceed further after denial?
Thanks again.
If you don�t mind will you please share your case?
How did you proceed further after denial?
Thanks again.
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bestia
11-10 03:56 PM
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
Of course it is. But several steps could be helpful. After getting an offer, meet your future coworkers, ask around, find somebody on H1b, talk to that person. See to what degree the top management is aware of H1b program. My CEO had no much idea about H1b, I considered this as a good sign.
more...
jlt007us
09-14 04:03 PM
Get back on H1b ASAP and do not wait for the Appeal decision. Have them file for a CP H1b approval if not EOS and get a visa and return back on H1b. Your EAD is invalid and you need $$$ to fight a case and remain in status.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
Good Luck!
Can we file for another H1 when an appeal is pending for extension? On what basis can I file extension? I believe the underlying labor becomes invalid when I-140 is denied.
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iyer
11-30 07:28 PM
1) You can stay home even without any job, when you have EAD.
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
2) Alternatively, work for this SAP if they could provide a job description similar to your past when an RFE comes your way.
Chill out, you are good.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
more...
ns007
01-04 09:37 AM
1. If you are paying for the GC process, then fire your attorney and get a new one who knows how to port the priority dates.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
2. If employer is paying for it, ask them that you would pay for the second I-140.
3. If employer does not agree on either of the choices listed above:
a. File for EB3 I-140
b. Join a new employer and file a new EB2 labor and port your EB3 priority date.
They can't do that they are asking to make a choice .Per them porting eb3 priority date is not possible. I am not sure what are legal issues involved in porting the priority date. I am asked to make a choice either EB3 04 OR eb2 06.
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Ann Ruben
07-23 11:37 PM
The AC21 determination of whether a new job is in "the same or similar occupation" is made based on a comparison of the new job duties and those set forth on the original labor certification application. Job titles are not controlling. So, you need to have a copy of your original LC application and then compare the job description it contains to the duties of the new position.
USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:
"Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"
The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.
USCIS has not provide much guidance on what will or will not qualify as the "same or similar" occupational classification. What little guidance exists comes from a 2005 memo to Service Centers from Michael Aytes:
"Question 3. What is “same or similar” occupational classification for purposes of I-140 portability?
Answer: When making a determination if the new employment is the “same or similar” occupational classification in comparison to the employment in the initial I-140, adjudicators should consider the following factors:
A. Description of the job duties contained in the ETA 750A or the initial I-140 and the job duties of the new employment to determine if they are the “same or similar” occupational classification.
B. The DOT code and/or SOC code assigned to the initial I-140 employment for petitions that have a certified ETA 750A or consider what DOT and/or SOC code is appropriate for the position for an initial I-140 that did not require a certified ETA 750A. Then consider the DOT code and/or SOC code, whichever is appropriate for the new position to make a determination of “same or similar” occupational classification.
C. A substantial discrepancy between the previous and the new wage. (See Question 5 of this section for further clarification).
Question 5. Should service centers or district officers use a difference in the wage offered on the approved labor certification and initial I-140, and the new employment as basis for denial in adjustment portability cases?
Answer: No. As noted above the relevant inquiry is if the new position is the same or similar occupational classification to the alien’s I-140 employment. A difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial. However, a substantial discrepancy between the previous and the new wage may be taken into consideration as a factor in determining if the new employment is 'same or similar.'"
The bottom line is that in order to establish that your new position is in the same or similar occupational classification, you must first compare the specific job duties described in the original application for labor certification to the specific job duties of the new position. Nothing from USCIS specifically addresses what percentage of identical job duties would be required, but the closer to 100% the better. Job titles do not matter, job duties do. Next, you need to find the DOT USDOL/Office of Administrative Law Judges Home Page and/or SOC Standard Occupational Classification (SOC) System codes written on your original LC/I-140 and compare the occupational descriptions for those codes to the job duties of your new position. USCIS has never indicated what percentage of identical/similar job duties will suffice in either of the comparisons. Most likely it must be more than 50%, and the closer to 100% the better. Finally, a substantial difference in salary is not determinative, but, in a close case may lead to a denial. To combat this, reference can be made to the DOL's Online Wage Library FLCDataCenter.com current wage survey for the occupation. If the new salary is within the range indicated for the original SOC occupation, you can make a strong argument that the increase is due to the passage of time and not to a change in occupational classification.
more...
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johnggberg
08-03 07:34 PM
if your pd is not current and your i-140 is approved at the time you apply h1b you will get 3 years extention.
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Sakthisagar
11-09 01:41 PM
I am sure many of you would agree with the below observations -
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
Good one, I gave you green for this :D If US is no more attractive, then no one see the queue and hue created outside the consulate just for a Visa interview. If any one repeates in media 1000 times that infosys is not a "Chop Shop" it will never come out that way.:)
I lost money in the 2001 stock market because I believed that the market could never down based on all the glorious research reports..
I lost money again in 2005 as I bought a house believing that a house value can only go up, again reading all the real estate boom that was happening around.
Now, I keep reading that the Indian market is oh-so good that everyone should go back to India to live in the villas and ride around in the chauffeured cars:)
Hmm, as always, I have been the last one to get on the boat before it went under. So, with all pun intended, what Indian ETF should I start investing and when should I buy my one-way ticket :rolleyes:
As my mom always says - Mountains always look smooth from a distance. This time I think I will stay put and wait it out for my GC..
Good one, I gave you green for this :D If US is no more attractive, then no one see the queue and hue created outside the consulate just for a Visa interview. If any one repeates in media 1000 times that infosys is not a "Chop Shop" it will never come out that way.:)
more...
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sujith1
07-12 03:34 PM
Very useful - Now I have the receipt number - Let us see if its 2 yr or 1
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sidbee
10-26 04:21 PM
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
This is totally wrong information.
If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.
If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.
This is totally wrong information.
If you are not sure , please don't post with confidence. The OP would have been screwed if he had used Air France.
If you don't have a valid US Visa stamped in the passport (IE working in the US on AP, Approved 797), you cant transit via UK,FRANCE, without a transit visa.
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rbharol
08-23 02:25 AM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?
--------------- copy paste begins --------------------------------
WORKERS EDUCATED IN THE UNITED STATES
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.
(a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
��(F) Aliens who have earned a master�s or higher degree from an accredited
United States university.
��(G) Aliens who have been awarded medical specialty certification based on
post-doc-toral training and experience in the United States preceding
their application for an immi grant visa under section 203(b).
��(H) Aliens who will perform labor in shortage occupations designated by
the Secretary of Labor for blanket certification under section
212(a)(5)(A) as lacking sufficient United States workers able, willing,
qualified, and available for such occupations and for which the
employment of aliens will not adversely affect the terms and conditions
of similarly employed United States workers.
��(I) Aliens who have earned a master�s degree or higher in science,
technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
have received a national interest waiver under section 203(b)(2)(B).
��(K) The spouse and minor children of an alien who is admitted as an
employment-based immigrant under section 203(b).��.
------------------------------ Copy paste ends --------------------
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?
--------------- copy paste begins --------------------------------
WORKERS EDUCATED IN THE UNITED STATES
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.
(a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
��(F) Aliens who have earned a master�s or higher degree from an accredited
United States university.
��(G) Aliens who have been awarded medical specialty certification based on
post-doc-toral training and experience in the United States preceding
their application for an immi grant visa under section 203(b).
��(H) Aliens who will perform labor in shortage occupations designated by
the Secretary of Labor for blanket certification under section
212(a)(5)(A) as lacking sufficient United States workers able, willing,
qualified, and available for such occupations and for which the
employment of aliens will not adversely affect the terms and conditions
of similarly employed United States workers.
��(I) Aliens who have earned a master�s degree or higher in science,
technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
have received a national interest waiver under section 203(b)(2)(B).
��(K) The spouse and minor children of an alien who is admitted as an
employment-based immigrant under section 203(b).��.
------------------------------ Copy paste ends --------------------
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willwin
07-10 09:21 AM
I got my PWD today!!
Filed on 5th Jan and received today.
Next, the LC waiting period starts!!
My LC was approved on 07/07/2010.
On to I140+485 stage next.
Filed on 5th Jan and received today.
Next, the LC waiting period starts!!
My LC was approved on 07/07/2010.
On to I140+485 stage next.
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mohitb272
09-26 02:17 PM
Congrats and thanks!
slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
saravanaraj.sathya
10-30 07:02 PM
I had my FP on 11/03 in NJ location but I moved to New York. So I went to a NY ASC today 4 days prior to my original notice. When myself and my wife went there, we got earful from FP lady there for coming in different location and that too in advance. She told us that we should not just walk-in like that in any day. But she still managed to talk our FP. It was a big relief!
She also told me that Wed is the amnesty day. If someone has missed out then, they can give it on any Wednesday.
She also told me that Wed is the amnesty day. If someone has missed out then, they can give it on any Wednesday.
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