ilseggs
09-04 03:09 PM
I have just finished my first year @ UCLA and I had absolutely no financial aid because I did not know anything about my status and when I read on fafsa about "parole" I thought it was a completely different category under which I was ineligible. My i-485 has been pending for 3 years now, with no sign of going anywhere yet :*(This year, I did not apply for FAFSA and I was forced to leave my amazing school and head to community college. I had searched and searched everywhere for information and I really did finally give up and thought to myself, " I guess I cannot receive any financial and am going to have to wait for my green card in community college."
I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
I just pulled up the advance parole application and will complete it ASAP~!!!!!!!
I feel like the greatest burden has been lifted from my shoulder!
Again, THANK YOU!
edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?
I just wanted to say thank you thank you thank you!! From the bottom of my heart, I am sooo grateful to have found this site seredipitously!!!!!
I just pulled up the advance parole application and will complete it ASAP~!!!!!!!
I feel like the greatest burden has been lifted from my shoulder!
Again, THANK YOU!
edit: I know this thread is a little past, but I was wondering if anyone could tell me; does this mean I have to travel out of the country to get my I-94 stamped?
boom
08-11 01:21 PM
Thanks for your prompt reply.
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
My I-94 has already expired .So should I put that validity date??
I-94 was for H1B and it is already expired.Working on EAD and didn't travle out of USA so doen't have new I-94.
Thanks again
bijualex29
03-24 12:18 PM
That is my opinion. I may be wrong. I was always under the impression with my 2 cent of brain that 7% of ( Familiy Based+ Emplyment Based ) will be given to each state.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
I try to search every where for clarification. I could not find it. However the language is not clear in the law which states that 7% of 140,000 will be alloted to each state during the fiscal year.
Can some one share there light on it please.
BEC_fog
11-17 10:53 AM
I looked at converting to RIR but there seems to be no point in changing. There is no guarantee that an RIR application will be processed before an TR. Also, they are picking up applications in random order and not FIFO. So, I decided against the conversion.
PD: EB2 India- Sept 02
PD: EB2 India- Sept 02
more...
gsrmurthy
11-22 12:51 AM
>I have a confusion. My H1 stamp on passport is expired but I have valid H1 >document untill December 2008. Can I go for stamping with valid H1 document?
If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.
Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.
If you have a valid I-797 document that shows the validity of your H1B visa, I believe you should not have a problem. Also,check with your lawyer about the same.
Since your I-485 will not get processed until your priority date is current, Once your wife is here on H4B, can you apply for her EAD? I'm in same boat as you but not yet married.
akred
07-05 01:29 PM
Ask them what the exact restriction is. It could be something as simple as needing a copy of your driver's license.
This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.
This is probably somebody at the plan administrator who doesn't have the foggiest idea about US immigration law.
more...
STAmisha
11-23 10:04 AM
I spke with attorney Murthy's office .
Here is the process.
Advertise in a news paper for 4 weeks
Advesie in website for 4 weeks
Advertise in company's location for 4 weeks
All the above ads running consecutively.
Then there might be 4 weeks silent period
File a form with DOL with all this
** be ready for the **** incomepetent BEC to throw another rock at you**
Here is the process.
Advertise in a news paper for 4 weeks
Advesie in website for 4 weeks
Advertise in company's location for 4 weeks
All the above ads running consecutively.
Then there might be 4 weeks silent period
File a form with DOL with all this
** be ready for the **** incomepetent BEC to throw another rock at you**
ajju
08-28 04:08 PM
Hello fellow IV members,
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...
All the needed details would be in AC21 threads...
I am hoping to port to a new job using AC21. I contacted my attorney with various questions about the process, but she told me that she can not respond to my questions because she represents me as well as the current company I work for. For those of you who are looking to port or have already done so, did you face a similar situation - where your attorney could not advise and assist you through the process of porting? How did you resolve this situation? Did you have to find another attorney to help you with porting to a new job?
Thanks for your help.
What kind of help are you looking for?? Its all in the IV forums about AC21... You need nothing... If you think your employer may revoke your approved I-140.. then you need to inform USCIS of your using AC21 to do a job change... If your I-140 is not approved yet.. you need to wait...
All the needed details would be in AC21 threads...
more...
sammyb
10-09 04:01 PM
chandu... seems am only one visiting this thread ... lets see how many people responds ... :D
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
kaisersose
04-16 03:17 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
EAD is not a status like H-1 or H-4.
The status should be AOS , pending 485, etc.
more...
dil_ip3
02-25 11:35 AM
Thanks Kopra for the reply.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
Also, if their are any Questions form the Port of Entry officer about Paystubs, can we say that employer couldn't find me a project; hence I'm changing back my status to H4 or is there anything else that we can say more appropriate.
waitingonlc
02-13 03:50 PM
Immigration plan looms in Congress
By Michelle Mittelstadt
The Dallas Morning News, February 12, 2006
http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immigdog_12nat.ART0.State.Edition1.3eb24c4.html
Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.
Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.
A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.
'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'
The topic is fraught with economic, national security, social, diplomatic and political implications.
Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.
The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?
Choosing a direction
The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.
The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.
But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.
'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'
The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.
As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.
In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.
Public divided
The public is deeply conflicted.
Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.
A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.
So, how do policymakers thread the needle?
'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.
'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'
She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.
'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.
The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.
But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.
'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.
Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.
'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.
By Michelle Mittelstadt
The Dallas Morning News, February 12, 2006
http://www.dallasnews.com/sharedcontent/dws/news/nation/stories/DN-immigdog_12nat.ART0.State.Edition1.3eb24c4.html
Washington -- As mid-term congressional elections draw closer, the window for action in Congress on a complex � and controversial � immigration package grows ever smaller.
Mindful of that, Senate Majority Leader Bill Frist has told Senate leaders that they must deliver a bill to the floor by March 27, an ambitious deadline for legislation that has yet to be written in committee.
A bigger hurdle looms: Reconciling sure-to-be competing visions from the House and Senate.
'Immigration is one of the most controversial issues in American society,' said Stephen Yale-Loehr, who teaches immigration law at Cornell University. 'We all like individual immigrants who live near us and work with us, but we don't like illegal immigration as a whole. And trying to put together a package that will accommodate everyone's interest is very tough, indeed.'
The topic is fraught with economic, national security, social, diplomatic and political implications.
Each year, hundreds of thousands of immigrants enter the U.S. illegally, swelling a population now estimated to exceed 11 million. The Southwest border is in crisis in places, overrun by illegal immigration and drug traffickers. There is also the threat that the porous border could serve as a gateway for terrorists. And the legal immigration system is beset by backlogs, problems and rules that vex employers and keep millions of people awaiting approval for green cards to join relatives already here.
The test for Congress is what to emphasize: enforcement, immigration liberalization or some combination of the two?
Choosing a direction
The House took the first crack at the question, passing a stringent enforcement-only bill that would fence more than a third of the 1,952-mile Southwest border, increase fines for employers who hire illegal immigrants, and make it a crime (instead of a civil penalty) to be in the country illegally. The legislation was silent on President Bush's call for a guest worker program that would grant visas for up to six years to millions of undocumented workers.
The debate now shifts to the Senate, which appears inclined to marry enhanced border security with a temporary worker program.
But the Senate's solution, particularly if it includes a pathway to legal permanent residence, is sure to set up a collision with the House, where national security hawks have dominated the debate.
'The big question becomes: Is it even possible for the two houses to reconcile their bills,' said Steven Camarota, research director for the Center for Immigration Studies, which favors reduced immigration. 'If it's not done by May, I can't see it getting done.'
The divisions may be too pronounced for Congress to act this year, Mr. Yale-Loehr said.
As the elections near, politicians will become increasingly skittish of taking up an issue that could anger Hispanic and conservative voters alike while also inflaming constituencies as diverse as big business and labor.
In some ways, it's no surprise that politicians are lurching in radically different directions, with one faction pushing get-tough prescriptions such as ending automatic citizenship to those born here of illegal immigrant parents, while another camp presses to legalize illegal immigrants and permit a stream of newcomers.
Public divided
The public is deeply conflicted.
Polls consistently show that Americans are troubled by illegal immigration and the federal government's failure to enforce the law. But those same polls also detect sympathy for illegal immigrants who work and pay taxes as they scrabble for a piece of the American dream.
A new Time/SRBI poll offered one snapshot of the public's ambivalence. Though 63 percent of respondents described illegal immigration as a very serious or extremely serious problem and 57 percent endorsed taking 'whatever steps are necessary' to halt migrant crossings, 73 percent favored granting temporary work visas to illegal immigrants already here.
So, how do policymakers thread the needle?
'That's the $64 million question,' said Migration Policy Institute senior fellow Doris Meissner, who headed the Immigration and Naturalization Service during the Clinton administration.
'We definitely have to do something, and sooner than later,' she said. 'But I think that it's really important that this issue and this debate develops and evolves, because if we were to go ahead and enact what's now been passed by the House, it would be a terrible disservice.'
She, like others critical of the House's enforcement-only approach, contends that any immigration law rewrite must resolve the status of illegal immigrants and provide an outlet for future migrants drawn by jobs or the desire to be reunited with family.
'Enforcement-only is not going to work,' said Angelo Amador, head of immigration policy for the U.S. Chamber of Commerce.
The chamber is loosely allied with immigrant-rights groups, religious organizations, labor unions and others who have rallied around a plan by Sens. John McCain, R-Ariz., and Edward Kennedy, D-Mass., that tandems some tougher enforcement with a guest worker plan that would provide a path to legal permanent residence.
But supporters of the House approach say enforcement must be dealt with first, both at the border and within the country, and by implementing a mandatory employer verification system to check the legal status of would-be hires.
'A guest worker program would be an absolute disaster with our current enforcement because, of course, it wouldn't be a guest worker program if we can't make them go home,' said Rosemary Jenks, director of government relations for Numbers USA, a group seeking reduced immigration.
Pollster Sergio Bendixen said that the policy debate has been skewed by the 'echo chamber' of radio talk shows and cable TV programs that fixate on immigration's negatives rather than looking at the whole picture.
'It has become an emotional issue with emotional buzzwords, and there's very little rationality in the debate,' Mr. Bendixen said. 'Unfortunately, we are close to making it impossible on people who have to get elected' to deal with the issue.
more...
thomachan72
10-29 06:46 AM
Thanks, I do have the copy of I-140 approval notice with receipt number and all that info.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
It's hard to find employers (once again, non consulting ones) who commit to file my GC application again. At best, I get a "we'll gladly transfer your H1-B visa but no commitment on GC" sort of response. Considering a worst case scenario, if I dont have a newly approved PERM by May 2013 and my original PD (July 2008) becomes current, what happens then?
Thanks again!
Asuming you dont have an approved labor by 2013, you will not be able to apply for H1b renewal at that point (even if your PD is not current). The only way you can get further extensions is if you have completed the PERM by then or atleast have PERM pending for 365 days. Join somebody now and then look for others who would be willing to do the PERM immediately. I am not sure how long you can stay now since you are basically out of status as of last week.
dskhabra
02-23 02:38 PM
Approved Labor/Pending labor for more than 365 days or 140 approval is required for extension beyond 6 years. I don't think it can be done based on pending 485 applications (for dependent) only.
more...
qualified_trash
11-09 03:47 PM
if you received the notice, then it is probably a courtesy notice. USCIS will only send the actual approval notice to your lawyer. so wait for the lawyer to let you know.
gogal
01-03 10:42 AM
Does it mean that the full case will be covered in 15 days or till the query is send if any... Hope i am being clear..
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
What my concern is after the query is send and replied, still the 15 day limit stays or it loses that and goes back to the normal processing.
Thankyou
more...
theMan
02-25 05:47 PM
ssd213 has pointed you in the right direction. However this is not so simple as taxes depend on a host of other factors that have not been mentioned.
To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.
Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.
To put it in one line, you will pay taxes in India after your RNOR period only on the accruals of the 401K funds. You cannot be taxed twice.
Thsis forum , http://www.r2iclubforums.com/clubvb/ has plenty of discussions on this topic.
wandmaker
08-10 07:43 AM
I have been given Form 221(g) after my interview and asked for some documents to be delivered. To my astonishment, my petitioner has denied to send me those documents as they say that they don't have those.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
In this situation, is it possible for me to Transfer my case to another employer/petitioner ?
Please advise me urgently on this matter
:(
If you have not completed your 6 years (or you have an approved 140) then you can find an employer to file a new H1B and you will not be counted against H1B cap. Do the premium and reapply for visa at the consulate. Try to carry a proof that your employer has declined to provide you with the documents requested.
Secondly, please post what documents consulate requested you to submit - I am sure one of the IVans will post you with alternatives. If one of the documents happens to be your personal credentials, wage statements and etc - even if you reapply with new employer, you will be no different than what you are now. BTW, is it your first time stamping?.
perm2gc
08-24 04:45 PM
Hi Everyone,
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
I have a quesion on the same lines!!
My H1B is approved till Mar 2007(have I797 till Mar, 2007). But you can file for extension 6 months before it expires ie, Sep 2006. So, now, say I get file for extension and get 3 year extension approval( I say 3 yrs bcoz my I-140 is approved). However, I dont have visa stamp for my current H1b.
Now, if I go for H1b stamping, lets say, in Nov 2006, will they stamp it till Mar 2007(my earlier extension date) or the new H1b approval, ie, Mar 2010.
thanks
please let me know if I have not made myself clear. Yes, it's a little different situation and I've not read anything about this kind of situation .
You go for stamping for new I797 not for old one i asssume..They will issue you visa according to the I797(New).
rajubuthi
08-17 11:41 AM
Hello,
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
My I-140 got denied based on my Education.
I have 3 yrs + PG Diploma which is equivalent to US Degree according to my education evaluation.
Experience:
- 6 yrs of OUTSIDE USA experience
- 5 yrs of USA experience including 2 yrs of experience with current company.
- I am working as FULL time with an American Company at present
The JOB Description for PERM was:
"Bachelor�s degree in Computer Science plus 5 years experience; 3 year Bachelor�s degree plus 2 year post-graduate diploma in Software Engineering and 5 years experience acceptable. "
Gurus, please help me providing some info, if there is any chance of getting it approved if I file a Motion.. or what should I do next?
Since it was denied on Aug 4th this month, I have 30 days to reopen this case..
Please advise me..
Thanks in advance..
Regds,
Raju
deepimpact
09-21 11:50 AM
I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
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