veni001
11-08 04:54 PM
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
How many similar positions are in the company? is this the current position you are in, if yes you can not use experience with your employer even in future for this position.
In either case your best bet would be a different EB2 qualified position with same employer or New employer.:o
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go_guy123
04-15 10:01 AM
What were you doing for six months and you also co-operated with your employer. Along with your employer you should be thrown into jail. Because of you people only every one is in trouble. Yes, the DOL will and should take action against you also. By the way are you an anti-immigrant.
You have created six threads with the same question and getting the same answer. Please use your brain.
snathan, I also agree. This post doesn't sound genuine
You have created six threads with the same question and getting the same answer. Please use your brain.
snathan, I also agree. This post doesn't sound genuine
redcard
08-23 11:29 AM
I have a approved I-140 (Jan 2005). My PD is March 2004 and I have already filed I-485 (filed simultaneously with 140). Now I am waiting for the PD to become current for 485 approval. My 6 years on H1 will expire in March 2007. I checked with my GC lawyer and he said that since I have a approved 140 I can apply for a 3 year extension on H1 six months before the H1 expiry. I have to travel to India in Feb-March 2007 and so my questions are:
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
1. Can I travel to India while my H1 extension application is still pending and return to US before the current H1 expires? What will happen if the application gets approved while I am in India?
2. If I get my H1 extension approved effective April 2007 and I travel to India in Feb-March 2007 while my current H1 is still valid do I still need to get the new H1 stamped on the passport or I can enter US on the current stamped H1.
3. If none of the above is possible then can I return from India in mid-March 2007 and apply for H1 ext and still continue to stay in US if I get the receipt of H1 ext application before March 31, 2007?
Thanks in advance.
I am not sure if you need an extension ..since you have already applied for 485..you should have a EAD which is authorization to work and you must have applied for AP which is required for travel..and you dont need a stamp to enter back in case you have an Advance Parole..
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GooblyWoobly
09-25 03:19 PM
Let me clarify point 3) again
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
No, No. Your answer was perfectly correct. But the OP had asked this:
"Is the there a time frame within which one has to get the SSN#?"
So, I thought he is probably asking if there is any time limit by which you have to get SSN or you don't get SSN at all.
It's better to apply ASAP. In my wife's case, after her H1 came along, we just took two weeks to apply after she started working. The result was, at the end of the month, we were in a legal limbo. The company (one of the big companies in the valley) couldn't pay her because she doesn't have her SSN. The company cannot keep the money as she is legally employed, and has worked. So, not paying her that month will break the H1B terms. Luckily for us, SSN arrived on 29th of that month!!
I told it because the same way my spouse received SSN# < 10days but those people will say it take minimum 15days or so.But before you go to SSN office you need proof of EAD approval or best is EAD card,passport handly.
HTH,
No, No. Your answer was perfectly correct. But the OP had asked this:
"Is the there a time frame within which one has to get the SSN#?"
So, I thought he is probably asking if there is any time limit by which you have to get SSN or you don't get SSN at all.
It's better to apply ASAP. In my wife's case, after her H1 came along, we just took two weeks to apply after she started working. The result was, at the end of the month, we were in a legal limbo. The company (one of the big companies in the valley) couldn't pay her because she doesn't have her SSN. The company cannot keep the money as she is legally employed, and has worked. So, not paying her that month will break the H1B terms. Luckily for us, SSN arrived on 29th of that month!!
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grupak
08-15 02:08 PM
Congrats on your green. You have done so much for IV and community and it is great to know that your levels of commitment is still the same
Thanks. I need to figure out how to start a google group first I guess :)
IV members from Jackson MS, we need you since you are in the state Capitol.
Thanks. I need to figure out how to start a google group first I guess :)
IV members from Jackson MS, we need you since you are in the state Capitol.
looivy
11-02 12:59 PM
If this is a possible solution, have your Mother-in-Law visit Canada temporarily for a few day and have her come back to US. I am just floating this idea for discussuion.
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fide_champ
03-22 08:17 AM
don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help
what's the reason for rejection?
what's the reason for rejection?
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July 15th, 2004, 11:00 AM
Spent the afternoon in a small group of trees just next a supermarket, very handy, I just drove the car there and parked in the far corner next to the trees. Next to the parking lot there is a small field where some Swallows were gathering insects for their young. I haven't processed all the pictures yet, just looked up one that I like. What do you think?
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http://www.dphoto.us/forumphotos/data/776/75Svala_6541.jpg
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arnet
02-12 05:10 PM
2yrs ago, my friend did H1 extension -premium processing and he filed his wife H4 extension along with his extension application. so USCIS approved both within 15 days because both are filed together.
if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.
if filed separately, i dont think you can have premium processing for H4. check with your immigration attroney as laws/procedures changes often.
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tinku01
07-16 02:56 PM
Hi,
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
My CP interview has been sceduled at New Delhi consulate on Aug 26. I do not have any PCC (Police Clearance Certificate). can I get it in India from local Police station. I know it would be possible in India after giving Rs 100- 200. Anybody please give me the format of this certificate which I should ask them to prepare
Please let me know if PCC is must from US consulate only
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gc28262
02-11 12:43 PM
My online I-140 status shows the case cannot be found. The receipt date for my i-140 is current. What should I do? Anybody seen this issue.
I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.
My attorney advised not to care about the online status as we had the receipt copy with us.
I had the same issue after filing concurrently in July 2007. My I-140 could not be found on CRIS. Finally towards end of Dec 2007, it showed up.
My attorney advised not to care about the online status as we had the receipt copy with us.
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Munna Bhai
01-09 03:42 PM
Hello,
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
Please share your RFEs!! What was the reason and how you handled it. That will be great input.
-M
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sanojkumar
08-21 11:35 AM
Yes, My checks got cashed as well. We had filed on July 18th to NSC. Now I need one help. I have moved to Chicago area freom Michigan. We had filed from Michigan. So to change address to get FP notice in Chicago area what all I need to do? I had no Alien number on my I140. Please advice. I am looking at LIN number on the back of the checks. But for my wife she has different LIN number on three checks for I-765, I-485 & FP. Which one will be valid. Can I get any handle from these numbers to make a call to USCIS and request them to change my address online? What is the number for USCIS to call?
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GC_1000Watt
12-11 03:03 PM
Pls. find the answers in red ink below. Also, all the answers are based on personal experience.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
Thanks in advance.
Can I work while the case is appealed?
No. You cannot unless you have a back - up of EAD.
How do I transfer to a new employer E2 (Premium Processing) and when can I apply for the new h1b (after the case is appealed or any time)?
There is no way you can transfer you H1-B as you old one has already expired. The only way left is applying for a new H1-b, according to my lawyer, the sooner the better. The new H1-b mostly will be a consulate case. Meaning, even though you are approved, it will be only activated once you go for visa stamping.
What are the chances of approvals in Premium processing in Current Markethttp://images.intellitxt.com/ast/adTypes/2_bing.gif (http://immigrationvoice.org/forum/#)?
No idea.
Can I start working once the receipt for the new h1b petition comes in?
No, you can only start working once it is acitvated. Meaning, once u get it stamped if it is approved as a consulate case.
If not, can I work once the h1 is approved or should I go to India (http://immigrationvoice.org/forum/#) and reenter to start working?
If consulate case, then you will have to get it stamp to start working.
Can i transfer my approved I140 to a new employer ?
I guess, if you have filed I-485 which is already past 180 days. (Check with ur lawyer)
I will really appreciate your feedback on this.
Again, I am not a lawyer. All the above answers are based on personal experience. Hope it helps. All the very best.
Thanks a lot for your reply. I really appreciate if you can aswer the following:
Can I transfer my H1B to another company once my old employer has appealed the H1B denail notice?
if the appeal on denial goes in my favor then whether I am going to get extension with I-94 or without I94?
Thanks in advance.
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morchu
05-22 01:15 AM
You can gain passive income.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
You cannot materially participate in the operations of the firm (employee).
A member not necessarily be materially participating in the operations of the firm.
Income from profit on an investment is passive.
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Munna Bhai
01-10 06:00 PM
Bump
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meher
12-26 10:50 AM
Today based on the talks with my employer, he told that he will not be able to process my payments. I informed him that i am going to DOL. He has not committed but has said that legally he has to pay only the minimum wage requirement which is the 44000$ only. I am in the process to consult attorney at present.
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
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satishku_2000
07-08 04:35 PM
Just rated and added my comments. Folks dont think about the result , just do your part ...:)
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indyanguy
09-11 10:30 AM
So, is MS + 2 the safest way to go? Also, what is the min. salary requirement that DOL accepts if a job requires MS + 2 (say in CA).
the_googly
08-22 02:14 PM
ND: Jun 26 08
Approved on Aug 19th 08
Don't worry.. they are catching up.
Approved on Aug 19th 08
Don't worry.. they are catching up.
joydiptac
11-18 05:52 PM
Timeline is from Dec 16 2006(Previous H1B expired on this date) to July 18 2007. This is when my H1B extension was pending due to an RFE. USCIS received my 485 application on July 18.
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
Hi,
Sorry to hear about your case and specially since you haven't broken any law. Technically this should be fairly simple case if you have a receipt of filing the H1B. Every time you file for H1B you get a receipt sent to your employer & a copy for u from USCIS. Then that is what enables you to legally stay (overstay). If you can find that you should not have any problems. If you have copy of the RFE that came for this application even better. Assuming you have neither you should definitely be having the WAC number for the pending H1B application. If you can provide that USCIS can verify that what you are saying is true. I believe the reason why they must've flagged your case is the gap of more than 6 months.
Let's say you do not have any of the above. Call your previous employer and explain to them what soup you are in. They will help you regardless of how bad your relations where when u left the company. All HRs have to keep copy of the H1B, applications, receipts, RFEs & approval (by law). So you should be OK.
All the best,
JC
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