Arvin_H1
08-18 10:47 PM
Give your full educational background, that may help people to get some ideas. B.S Computer Science 3 years or 4 years.
What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
What made USCIS think that your educational background is not Computer Science? any idea.
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
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surabhi
05-21 09:54 AM
from one of the attorneys. Not sure if anything changed in past 18 months.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
Attorney_13
Attorney posted December 08, 2006 03:06 PM
--------------------------------------------------------------------------------
If one has an approved I-140, the priority date of that approval is "locked-in" so to speak and can be used for future cases. Normal proof one would want to have for when s/he is filing a new PERM case with a new I-140, is a copy of that previous approval notice, though sometimes it is possible to use the on-line status print out. To carry over the priority date it is not necessary that the two positions be similar, or even that they be in the same preference category. One can be EB3 and the other EB2.
Attorney_13
Attorney posted December 20, 2006 05:00 AM
--------------------------------------------------------------------------------
What happens in retaining a priority date where the I-140 is revoked is unclear. While there are regulations that state that you would no longer be able to carry over the priority date if the I-140 is revoked, there is a USCIS memorandum that states that only where the I-140 is revoked for misrepresentation or fraud are you not able to carry it over. The USCIS seems to be following the memorandum consistently though it does not have the force of law. It is not necessary that the positions between the first I-140 and the new subsequent I-140 be same or similar in any way. The DOL does not determine if a priority date will transfer. That is a determination by the USCIS. The language in the regulations is "shall" be transferred, rather than being discretionary.
WithoutGCAmigo
05-18 11:17 AM
Start with contacting another attorney. Let another attorney review your case and give his/her opinion.
Just don't rely on one attorney.
Just don't rely on one attorney.
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willgetgc2005
03-22 07:36 PM
Numbers USA cares about total number of immigrants per year.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.
Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
We work hard in anticipation of GC
http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas
For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
it anymore. Seriously.
If you move visa numbers from EB1, EB2 and EB3 to EB5 with fancy tactics like hard country quota(What Specter and Frist bills are doing), they dont really care.
They will be happy if the GRAND TOTAL of all greencards per year is brought down from number X to number Y. The grand total is a total of all Greencards: Family Based, Employment based, Diversity, Refugee etc.
--Jay.
IV is going full throttle despite all these depressing Immigration tactics being played out in Washington. IV is the beacon, to me atleast. Thanks guys for being so proactive and professional, not withstanding your regular jobs.
Pls see the link below. Even BIll Gates is asking for increase in H1 and not in Green cards (Last time he asked for GCs too) Every one wants cheap labor. They know people will wait for GC for 10 years. I guess creating a second class wannabe GCs is good for the industry.
We work hard in anticipation of GC
http://www.samachar.com/showurl.htm?rurl=http://www.hindustantimes.com/news/181_1654992,0002.htm?headline=Bill~Gates~for~big~r aise~in~H-1B~visas
For all the hype about retaining skills here, wonder what is going on. It makes one wonder if this country is worth
it anymore. Seriously.
more...
maddipati1
08-03 07:36 PM
ask ur attorney what if u wont get EAD approved by Jan'08
may be ur attorney thinks u will get EAD before Jan'08.
ask him what if u won't get EAD, with this mad # of EAD filings this month.
may be he is too busy with 485 filings. ask him if he will file after Aug17th
im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.
S
may be ur attorney thinks u will get EAD before Jan'08.
ask him what if u won't get EAD, with this mad # of EAD filings this month.
may be he is too busy with 485 filings. ask him if he will file after Aug17th
im in the same boat except my H1 is until Sep'07. my attorney is preparing to file 3 yr xtn.
S
perm2gc
01-08 03:30 PM
How about two differrent dates for getting the visa stampped? Husband will go on one date and wife on another date, will this work? And they have kid born in INDIA. Any chance !!
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..
The question is not when they go but what they are.As they know that doctors come here for visiting..apply for residency and convert their visa..
more...
waitin_toolong
10-01 02:31 PM
there are two things about visa one is stamp and other is status. if you maintained the same status in USA as you are going for stamping you will answer yes.
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
eg. you had a H1 stamp that expired in 2006 but you had extended that status and only now getting it stamped then you will answer yes.
but if you had a prev stamp of F1 and then changed to H1 and going for H1 stamping then you will answer no.
For H4 are they asking sepeartely, because you will answer yes in your case and then add yoor daughter to your appointment.
You are only answering for yourself when you say yes, i dont think there is any misrepresentation involved.
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niklshah
01-06 08:58 AM
change the title of thread buddy its misleading. change to something like guessing on feb visa bulletin.. or time waste on feb visa bulettin..
more...
tinuverma
11-09 10:18 PM
NKAVJS, thanks for the response.
I know what to do now
I know what to do now
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yagw
03-16 11:49 AM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
more...
lostcause2007
04-11 05:24 PM
Havent heard about getting visitor visa without appointmment. Might want to talk directly to the Consulate.
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isthereawayout
02-22 12:42 PM
Yes, in my case we wouldn't be using the experience gained with the current employer as I already have the required 1 year experience before joining the employer.
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
My fear is that DOL/USCIS would come back and say hey you have almost the same requirement for both the positions, why does one require only MS+1 while the other accepts BS+3..
more...
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ckichannagari
11-09 04:40 PM
from Texas
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piyu7444
03-26 02:58 PM
We are in the same boat. I am the primary and mine has been Xfrd to field office in VA where as my wife's 485 has been xfrd to MO. I called up customer support and they said it is normal to transfer across field offices.
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
Many say when the 485 is transferred to a field office there could be an interview.
Usually the interview will happen to closest local USCIS office to your address on 485. Even if the case is sent to an office which is miles away from where you live it wont matter as the case-file will be sent to the closest local office for the purpose of interview. Just go prepared with all documents and be calm. There is nuthing to worry :)
Documents one shall carry
-Employment Letter from current as well as past employers
-W2 for last 3 or more years
-Pay Stub last X month (take as many as you have-wont hurt)
-Should know job title of Labor alongwith details and should be able to relate that to day-to -day job duties if asked by officer.
-Marriage Certificate
-Husband Wife shall be in Synch (will be if the marriage is REAL :) ) while asnwering questions about when did you meet, how did you get married, when did you came to us together, where do you live etc. etc.
-140 approval copy
-H1b petition copy or copies for both primary and secondary applicant
-Should remember Last entry date (entry into US)
-They will ask if you took any kind of money in welfare etc rom government or any other agency in US
-They will ask 4-5 questions which I think are from form 485 . Here is the link, look at part 3
http://www.uscis.gov/files/form/i-485.pdf
I will post more questions if I can recall something later.........
Cheers
more...
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jaggu bhai
07-27 01:32 PM
ravi
ITU is accredited
U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (http://ope.ed.gov/accreditation/InstAccrDetails.aspx?756e697469643d313731323136266 3616d70757349643d30267264743d372f32372f32303130203 23a32313a333120504d)
ITU is accredited
U.S. Department of Education Database of Accredited Postsecondary Institutions and Programs (http://ope.ed.gov/accreditation/InstAccrDetails.aspx?756e697469643d313731323136266 3616d70757349643d30267264743d372f32372f32303130203 23a32313a333120504d)
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mayhemt
04-19 06:19 PM
'Reform Immigration for America' is organizing nationwide March for Immigration reform in all major cities on May 1. Although I am not affiliated with this organization, I think we have similar goals towards immigration reform.
We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)
IV Members,
Just wanted to bring this to everyone's attention..
I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..
Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)
We March for America! � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/march-index/)
IV Members,
Just wanted to bring this to everyone's attention..
I guess theres nothing to lose by joining this march, may be couple of hours & couple of gallons of gas... (Its on weekend and no travel/accomodation worries like DC rally). I am planning to join the one in Dallas, TX. I hope to see atleast some folks there..
Find a March � May 1 March � Reform Immigration For America (http://reformimmigrationforamerica.org/blog/find-a-march/)
more...
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gc_on_demand
03-17 10:39 AM
RFE can be issued even though your priority date is not current. This is because USCIS is processing the case and keeping it ready (pre-adjudicate) to issue GC when dates get current.
Recently USCIS announced that they have less application for US Citizenship.
"In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.
By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."
Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )
Recently USCIS announced that they have less application for US Citizenship.
"In fiscal year 2007, a record 1.4 million legal permanent residents applied to become naturalized U.S. citizens just as the agency raised fees for a variety of services. About a million people received U.S. citizenship the following year.
By fiscal year 2008, the number of citizenship applications in the pipeline dropped to about 518,000 � far below the 730,000 filed in 2006."
Also they hired more employees in 2007. Also last year was election year so USC was priority. We will see more resource allocation to 485 apps. But dates are not current to they are Pre Adjuctiing cases. Also it makes sense that date didnot move in April as there was a huge demand from CIS. I think for This FY we will see more EB based approval.. and from now onward there will not be a huge jump back and forth. Also india Eb2 will get 25k visas for this FY and in last quater people till Mid 2006 will get actul card .. There may be some low hanging fruit from early 2007 or late 2006. ( I expect only 1-2 % )
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Siboo
07-09 10:41 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Everybody is seriously waiting for some update, you are just making fun of us. :mad:
When you write something in the forum, write with proof. Otherwise keep it with your own family...
Thanks
Everybody is seriously waiting for some update, you are just making fun of us. :mad:
When you write something in the forum, write with proof. Otherwise keep it with your own family...
Thanks
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chandra_mb
03-11 08:48 AM
You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
ramidiskr
01-10 01:34 PM
Thanks for the reply..
I am applying for my H-1 extension and If she gets a H-4 visa in india and comes back she should be fine right?
Thanks Again in Advance..!!
I am applying for my H-1 extension and If she gets a H-4 visa in india and comes back she should be fine right?
Thanks Again in Advance..!!
finimits
05-02 11:38 AM
Hello Everyone!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
I sent this post a few weeks ago but didn't really get a response. I think it's getting a little urgent for me so any help would be greatly appreciated. I'll try to ask more specific questions this time around.
My information:
----------------------
Citizen of India.
Priority Data: March 2008
I-140 approved
About to apply for 3 year extension of H1B after 6th year( which expires on Dec 1st 2011). Employer will apply for this extension in June 2011.
My Questions
----------------------
I want to move to another company in another region in the US.
1. Should I wait for my H1B extension to get approved and then move, or can I move now with the current H1B (transferred) and then have the new company apply for my extension? In the latter case, can they do that since my I-140 was applied by my current employer? Why I ask is because the opportunity in the new company is now and I wont get my extension till August 2011(I presume).
2. Will the new company immediately have to start my LC and PERM as my current H1b expires on december 1st 2011?
Guys, please help me, I am confused. I really appreciate any help!
THanks!
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