GoneSouth
07-17 05:29 PM
I'm no lawyer, but based on my own experience filing EB-2 PERM, this sounds like it might get rejected in PERM - "alien does not meet job requirements" - since you don't have five years experience.
This should be re-worded as
PROJECT MANAGERS:
-Microsoft .Net OR JAVA Technology
-Masters Degree or equivalent (Bachelors + 5 years experience) required
Did the company run this ad by their lawyer already?
This should be re-worded as
PROJECT MANAGERS:
-Microsoft .Net OR JAVA Technology
-Masters Degree or equivalent (Bachelors + 5 years experience) required
Did the company run this ad by their lawyer already?
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uyingg
05-12 02:38 PM
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sanjay02
12-24 09:06 PM
Talk to an qualified attorney
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pappu
02-27 01:35 PM
welcome new member naveenarjun ! Dont count on it, else you will be disappointed every month. Only an Immigration bill can help us.
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gc_kaavaali
05-06 01:54 PM
Is 'Computer Software Engineer' (SOC code is '15-1032') and 'Lead Software Development Engineer' same? My Labor has 'Computer Software Engineer' as position. New company is offering me ''Lead Software Development Engineer'...is it okay to take new offer?
Ryall
10-09 05:42 PM
I agree with ilyas about the bottom typo.... I understand why you put it there, but from a design/art standpoint the picture would be better without it - IMO.
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Peace :cowboy:
The main part is very cool though!
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Blog Feeds
04-16 03:00 PM
Back in 1982, when I left the INS to enter private practice, the number of H-1 visas was unlimited. All professionals, including registered nurses, were eligible for H-1 visas. Also, there was no maximum duration for H-1s. U.S. employers could petition for H-1 workers all year long, yet the program did not generate the amount of controversy that it does today. It was a market-based system which allowed U.S. employers to fill jobs in a global economy, plain and simple. The Immigration Act of 1990 ushered in the present era of government control of �H-1B� temporary visas. For the first...
More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)
More... (http://blogs.ilw.com/carlshusterman/2009/04/h-1bs-let-the-market-decide-the-number-of-working-visas.html)
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wandmaker
09-10 05:24 PM
Hello gurus,
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
AFAIK, it is a NO
I woked with Company A and got my I140 approved(PD sep 04 EB2). I had issue with Company A that they asked me wait to apply my I485 in july 2007 wave. I frustrated and moved to Company B and substitued another labor(PD May-2002 EB3), got theI140 approval and 485 is pending from july 2007. In the Meantime, Company A withdrawn my approved EB2 I140 petition couple of months ago to protect one of their employee I140 petition.
Currently i believe the situvation is not good for EB3 and planned to enable my "Company A" I140 petition to apply for I485. Will USCIS allow company A to enable the withrdrawn I140 petition to apply my I485? Your help would be greatly appreciated.
Regards
Natan
AFAIK, it is a NO
more...
seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
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ubaidu
10-25 08:35 PM
Folks,
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
I am on EB3 with 140 approved. My PD is Dec 2002. My company is ok to give me a promotion and re-apply on EB2. I have roughly 8 years of experience as a software engineer. According to my company's lawyer I may still have a problem because my university education is not in computers. I have 3 years degree in mathematics (BSc) and 2 years in business (MBA). I also have 2 years diploma in computers.
Anybody has any experience with such a case? Any suggestions or ideas?
What is the risk if I decide to take a chance ?
Thanks a lot..
Ub
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morchu
04-30 01:05 AM
You always send 485/140 to the address shown in the form instructions.
Your 485/140 maybe processed by Nebraska/Texas Service centers.
Please do some reading in USCIS.gov
If i'm from Michigan, which processing center is handling my application for Green Card. Nebraska??????????????
Your 485/140 maybe processed by Nebraska/Texas Service centers.
Please do some reading in USCIS.gov
If i'm from Michigan, which processing center is handling my application for Green Card. Nebraska??????????????
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EkAurAaya
07-29 10:45 AM
i emailed you some info!
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sunny1000
07-01 04:14 PM
Hello,
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
I was on valid 3-year H1 visa until Dec 2010. I got layed off in Feb 2009.
I found another employer to file my H1 transfer case in April '09 and the case is still pending (regular processing). We received a RFE asking for my most recent pay stubs and employer info recently.
The question I have is if the H1 transfer gets denied, what do I do next? How much time do I have to leave the US? Do they give time to pack and make plans to leave? I don't want to face deportation. Also, I have a valid 10- year B1/B2 visa stamped on my passport. Can I use that in any way.
Your response is greatly appreciated.
Thanks!
Your status is governed by the last I-94 which I assume is based on the H1B visa. Once you have had the H1B stamped on the passport, the B1 would have become invalid at that point (even though you may not have the "cancelled without prejudice" stamp on it).
Now, if your H1B gets denied, God forbid, you have 10 days to leave.
I wish you good luck.
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bhatt
05-21 11:31 AM
Hello,
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
Here's my situation:
H1b: 7th Year (valid through Nov 2009)
Labor: Approved
140: Approved
Category: EB2
Priority Date: Aug 2007
485/EAD: cannot file due to retrogression
I have a permanent employment offer from the employer where I am contracting, right now for the same job. Following are the questions I have:
1. Can I change my employer?
2. Can I retain my Priority date?
3. If the new employer files for transfer of H1, what does it mean to my extension beyond 7th year?
Please help.
Thank you.
U need to start the GC process all over again, unless ur current employer is willing to support you in filing the I-485 without revoking the I-140
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STAmisha
08-27 06:17 PM
I had paid consulatation with their office and the attorney told me that
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bin2000
08-25 01:40 PM
Dear all,
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Please advice.
Thank you
My employer filed H1B with extension of stay even though I was not physically present in USA on the day of filing.I was out of USA on June 15th due to personal reasons and they filed H1B on July 10th.
I had requested them not to file extension of stay since I was already out of USA.USCIS approved the petition with extension of stay(I-94 attached).I need to go for visa stamping now .Will this create any issues while stamping?
Please advice.
Thank you
more...
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kisana
06-26 09:34 AM
Today I found out there was a soft LUD on my I485 application. I am not sure what it is. How can I find what is going on with my I-485 application. Befre that there was a soft LUD on my travel document which I file in 2007 after that I did not file that. I just want to know what is going on with my application. Please let suggest.
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12-06 08:21 AM
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gchopes
03-08 04:14 PM
Do you get a separate H4 approval notice when you renew H1 and H4 while in the country?
payal_nag
11-27 04:40 PM
I saw that too, but my problem is that i already had an appt for 3rd week of dec but I had an issue with my passport. Had to send papers for getting my name changed to my married name on the passport as the latest I797 i received was on my married name (noticed this only recently). Now I cannot change the name, passport etc on an existing appointment so will have to cancel the one I have. And currently only emergency appts are available for 3rd and 4th week of dec. Hence the dilemma!!!!!
mailtobalu
06-30 04:56 PM
Can I go for this change of status any time or do I need to wait for new H1B cap which will open in April every year?
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