ujjvalkoul
07-06 10:23 AM
Please suggest on this I-140 RFE by USCIS:
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
Here is what USCIS states:
Your Petition indicates that you r applying for Professional with Advanced Degree or exceptional Ability . According to ETA 9089 submitted with ur peition the min reeqmnts you are wiling to accept are less than MS degreee. Part H of ETA 9089 indicates employer will accept BS + 72 months of Exp.
Advanced Deg is defined by US academic of Proff or a Foreign equivalent above BS. In the alternative US BS or a foriegn equiv degree followed by at least five years of progressive experience in the speciality shall be considered equiv to MS degree. ETA 9089 did not allow for any alternative combination of Education and Experience that is acceptable.
There is no other definition of Advanced Degree. Service therefore finds that the certified ETA 9089 does not support the filing of I-140 in teh requested classification. You are therefor afforded this chance to amend yout I-140.
================================================== ======
My lawyer has send back info that BS + 5 qualifies for EB2 (which USCIS agrees to in their explaination above). However, i believe my Degrees and Exp Letters provided already prove that. I am woried that USCIS may be asking for something else here. Looks like they simply failed to interpret that 72 months = 6 years.
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richana
08-05 04:48 PM
You need to find out what type of visa etc etc I don't think she is giving you all the details. You can appeal on anything unless you have broken the law.
eagerr2i
08-07 12:56 PM
Have you guys seen the letters written by Compete America Board to US Senators and Congressmen. The points they talk about are very similar to the issues identified by us. You may browse the section when you have some time. The link is
http://www.competeamerica.org/hill/letter_congress/index.html
http://www.competeamerica.org/hill/letter_congress/index.html
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dbevis
January 11th, 2005, 02:36 PM
I like the colors, and the silhouetted person. Personally, I think cropping out a lot of the top (roughly the upper 1/2 of the picture) would make it more interesting. This would also give it a panorama-like appearance.
Don
Don
more...
dilbert_cal
02-09 01:57 AM
"urgent - attorney please reply"
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
Can you please put in an appropriate title. Folks looking for similar answer will find it easier to find.
You do not need to inform the company holding your H1 when doing a transfer.
I believe this year's quota is over - so if you do have a file a new H1 ( and if cap to non-cap is considered a new # ) , then you will have to wait till next year.
I'm not very aware of the process of transfer between cap and non-cap - the new company's attorney are another good source for your question - they should be able to help you out faster.
cygent
11-19 10:20 PM
In most of the job boards, we see the following employment types:
1. Full Time (this I understand :))
2. Contract - Corp 2 Corp ---> Headhunters
3. Contract - Independent ---> Citizens
4. Contract - W2 ---> EAD/GC
5. Contract to Hire - Corp 2 Corp/W2/Independent ---> Likewise as above, only on contract 1st
1. Full Time (this I understand :))
2. Contract - Corp 2 Corp ---> Headhunters
3. Contract - Independent ---> Citizens
4. Contract - W2 ---> EAD/GC
5. Contract to Hire - Corp 2 Corp/W2/Independent ---> Likewise as above, only on contract 1st
more...
ngarugs
02-09 08:36 PM
"Senate leadership is comfortable with a proposal to solve retrogression for Schedule A occupation -- registered nurses and physical therapists. It was through grassroots advocacy that we were able to explain to the Senate leadership just how important this issue is. Thank you to everyone who made an effort.
We now must turn our efforts toward the House."
(and goes on with....)
"Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls" (*click HLG (http://hammondlawgroup.blogspot.com/) for details)
We now must turn our efforts toward the House."
(and goes on with....)
"Rep. Lofgren (D - CA) : 16th District - San Jose
Rep. Eshoo (D- CA) : 14th District - San Francisco, San Jose, Santa Cruz
Rep. Pelosi (D - CA) : 8th District - San Francisco and north
Essentially anyone who is located in the Bay Area and wants to see retrogression solved should contact their hospital leadership and see if they are willing to make a few phone calls" (*click HLG (http://hammondlawgroup.blogspot.com/) for details)
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lunar
09-14 05:36 PM
Thank you. I really appreciate all your quick responses.
more...
ark_ari
10-18 12:30 PM
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GCwaitforever
11-12 02:53 PM
Send your petition to USCIS Ombudsman. This is a classic case of USCIS incompetence. They have all the documents and yet they pester you to provide the details.
more...
Blog Feeds
05-05 06:40 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
It's H-1B season and the business immigration attorneys at Fong & Chun are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny (http://www.immigrationvisaattorneyblog.com/2009/04/h1b-quota-still-open.html) of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.
http://www.immigrationvisaattorneyblog.com/Handshake.pngToday's Wall Street Journal (http://online.wsj.com/article/SB10001424052748703712504576242973187563498.html) ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such "backdoor registrations" occurred and most notably, more than 150 of these occurred in and around China.
It's no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in "national security, fraud detection and prevention." The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2011/04/chinese-companies-suspected-of.html)
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ras
06-13 02:50 PM
Couple of questions folks:
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
1. Should H1 B Job and GC Job be related? I am going for an H1 B extension based on approved I 140.
2. Can we consider Software Quality engineer on H1B and Software engineer on GC related?
The NAICS occupational codes for
Software Quality Engineer is 541511
Software Engnieer is 541710
Can we consider them related for AC 21 purpose. I so not have the approved labor or I 140.
3. Currently am on H1 which is going to expire next month with my current employer and had my GC filed as a software engineer. I am planning to move over to the client where right now am working as a contractor. I am being offered a position as Software Quality engineer.
Now, do I use the H1 extension and go on to the client or use EAD? If I go onto the client on H1 extension, what happens to the GC process and my EAD?
When I leave the company and if the current employer withdraws the I 140, am I ok?
more...
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waiting4gc02
01-20 12:23 PM
Guys:
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.
Now, I am going to file for my extension.
The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.
When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.
Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??
Please share your thoughts.. I am perplexed..!!!
Thanks
Our( my wife of H4 and me on H1) currently have visas stamped till end of Feb'07.
Now, I am going to file for my extension.
The question is that if my wife travels out of US before end of Feb, according to my lawyer we do not need to file foe her extension.
When she is to come back the lawyer says that she would get her H4 visa based on either my pending application or approved extension.
Is this possible, that without filing for her extension she can get her H4 in Delhi stamped, based on my extension application..??
Please share your thoughts.. I am perplexed..!!!
Thanks
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LostInGCProcess
03-03 05:20 PM
I am applying for UK visitor visa. My wife is accompanying me in the trip. Do I need to fill up the electronic form separately for my wife also.
cheers
I don't understand when all these new questions pop-up with new user ID's, I wonder if they really tried to research at least a bit before posting here. Why do they need to be spoon fed for simple questions whose answers are just a 'google' away.
Secondly, the heading is always kind of life threatening..."Urgent", "Very Urgent", "please Help me".....
Coming to your question: The answer is YES. I did not verify anywhere but used my logical thinking. That if you need a visitors visa to travel to UK, then you need a visitors visa for your wife too, to travel to UK, UNLESS she is a UK citizen or a PR of UK.
"Do I need to fill up the electronic form separately for my wife also."
If the form has a provision to include all the names that are going to travel then you dont obviously need another one. Else you need another form.
Thank you.
cheers
I don't understand when all these new questions pop-up with new user ID's, I wonder if they really tried to research at least a bit before posting here. Why do they need to be spoon fed for simple questions whose answers are just a 'google' away.
Secondly, the heading is always kind of life threatening..."Urgent", "Very Urgent", "please Help me".....
Coming to your question: The answer is YES. I did not verify anywhere but used my logical thinking. That if you need a visitors visa to travel to UK, then you need a visitors visa for your wife too, to travel to UK, UNLESS she is a UK citizen or a PR of UK.
"Do I need to fill up the electronic form separately for my wife also."
If the form has a provision to include all the names that are going to travel then you dont obviously need another one. Else you need another form.
Thank you.
more...
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senthil
02-02 11:48 PM
anyone knows where to look at or how to approch about it
any websites / forums / contacts etc would be of great help
any websites / forums / contacts etc would be of great help
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mailmy_gc
06-10 11:33 AM
Update your profile first, To get help from from members !!
more...
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sparky123
07-18 09:45 AM
I guess as long as your PD is before july 31, you can apply,
PD is the date labor was applied and not approved. Hence Any approvals from Aug 1 to aug 16 should be fine too...
PD is the date labor was applied and not approved. Hence Any approvals from Aug 1 to aug 16 should be fine too...
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eastindia
11-12 09:53 AM
Is Dream act more important than fixing the economy in lame duck session?
No wonder Democrats lost the elections.
No wonder Democrats lost the elections.
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satishg
09-16 08:35 PM
In september my dates became current and my GC and my spouse GC has been approved . However my lawyer recieved interview notices for me and my wife. What should be the next step. Ignore the notices as we recieved the Green card or do we need to attend the interview.
Blog Feeds
04-09 09:30 AM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.
In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.
The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.
This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)
http://www.immigrationvisaattorneyblog.com/Magnify%20Glass.jpgIn our blog of yesterday (http://www.immigrationvisaattorneyblog.com/2010/04/border-guards-will-finally-use.html), 1 April 2010, we mentioned the new screening procedures at US ports of entry (POE). Fong & Chun's clients travel a great deal, passing through Los Angeles and other immigration ports of entry. As lawyers to so many travelers, we try to provide accurate information about border issues. We have learned a little more about the new screening protocol.
In the past, all citizens of certain countries believed to be supporters of terrorism would all be scrutinized indiscriminately. Cuba, Iran, Iraq, Pakistan, Saudi Arabia, Somalia, and Sudan are widely believed to have been on this list of soi-disant unfriendly countries. Citizens of other countries -- perceived as "friendly" to the USA -- would be subject to less scrutiny.
The new POE screening procedures use intelligence-based threat assessments. This information will be applied to all persons arriving at a POE, including Americans. If border guards have intelligence that -- let's pretend for a moment -- a university-age male student from Africa might be trying to engage in dangerous activity, then the border guards would be on the lookout for university-age male students from Africa. In contrast, university-age male students from, say, Malaysia, M�xico, Moldova, Monaco, or Myanmar would not be subject to the same scrutiny.
This new, intelligence-based approach makes the most of the information provided by US intelligence sources without painting everyone with an indiscriminately broad brush. --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/04/all-travelers-subject-to-revie.html)
vsrinir
05-20 02:19 PM
http://www.politico.com/blogs/joshgerstein/0509/Obama_sets_WH_immigration_reform_event_for_June_8_ .html
President Barack Obama is inviting members of Congress to the White House for a June 8 meething to highlight immigration reform, an administration official confirmed to POLITICO Wednesday.
"The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said.
Asked if the session would be billed as a summit or a forum, like similar meetings on health care and fiscal responsibility earlier in the year, another official said, "This isn�t a forum or a summit with outside groups, this is solely a meeting with members of Congress on both sides of the aisle and both sides of the issue."
Another aide said about possible labels for the meeting: "I don't know that we're going to brand this in any particular way."
During a meeting in March with the Congressional Hispanic Caucus, Obama promised to host a public event on immigration, as POLITICO reported at the time. The New York Times reported last month that officials said the session would take place in May, but POLITICO reported yesterday that the timetable seemed to have slipped. Sources close to the process said it was delayed by various logistical issues, including focus on a possible Supreme Court pick next week.
Immigration reform advocates have been pressing Obama to vow to pass immigration reform this year. He has promised make the issue a priority, but has stopped short of setting a goal of getting a bill through Congress by December.
(Thanks to POLITICO columnist Gebe Martinez for the tip.)
President Barack Obama is inviting members of Congress to the White House for a June 8 meething to highlight immigration reform, an administration official confirmed to POLITICO Wednesday.
"The meeting will be an opportunity to launch a policy conversation that we hope will be able to start a debate that will take place in Congress later in the year," the official, who asked not to be named, said.
Asked if the session would be billed as a summit or a forum, like similar meetings on health care and fiscal responsibility earlier in the year, another official said, "This isn�t a forum or a summit with outside groups, this is solely a meeting with members of Congress on both sides of the aisle and both sides of the issue."
Another aide said about possible labels for the meeting: "I don't know that we're going to brand this in any particular way."
During a meeting in March with the Congressional Hispanic Caucus, Obama promised to host a public event on immigration, as POLITICO reported at the time. The New York Times reported last month that officials said the session would take place in May, but POLITICO reported yesterday that the timetable seemed to have slipped. Sources close to the process said it was delayed by various logistical issues, including focus on a possible Supreme Court pick next week.
Immigration reform advocates have been pressing Obama to vow to pass immigration reform this year. He has promised make the issue a priority, but has stopped short of setting a goal of getting a bill through Congress by December.
(Thanks to POLITICO columnist Gebe Martinez for the tip.)
