ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
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hello
04-14 12:36 PM
Hope we can get more people here.
dingox100
11-19 02:18 PM
My friend tried to get his brother. his brother is working in some IT company in india. The visa officer asked only one question
Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.
No more questions and no more answers
Visa officer: Whats your Age?
my friends brother: 26
Visa officer: sorry , visa cant be issued.. rejected.
No more questions and no more answers
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san3297
06-29 03:36 PM
Hi Martin,
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
Thanks for the reply i too was looking an answer for this question.As it is partly answered my question i am posting the remaining question of mine.Sorry for posting in thread not created by me.
If i apply for H1 Extension and Travel outside US and While returning back if i enter with my Visa which is valid only till Nov 2009 and do not have H1 Extension Approval document in my hand what should i need to do.Do i need to travel outside the country again after getting my H1 Extension approval and before my H1B Visa Expires. What is the solution for this scenario.
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smisachu
05-13 03:13 PM
From my experience you need to give alternate to just masters. I am not from the software field. My company attorney had put 3 different undergraduate degrees with various years of experience apart from two different masters degrees with 3+ years experience. The concern was that DOL might come back telling that this position is tailor made for me.
Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.
Again this was in the early days of PERM and I was one of the first PERM cases my attorney filed.
Dhundhun
07-16 07:29 PM
seee SFO website...they issue PCC is upto 45 days, I think...
cgisf.org - even better call them
Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.
cgisf.org - even better call them
Won't SFO charge $20. Isn't it more than Rs 800. Tinku01 knows from where to buy for Rs100 to Rs200.
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beemboy
10-31 10:33 AM
Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?
Did anyone go through this? Please let me know.
Did anyone go through this? Please let me know.
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kaisersose
10-12 10:29 AM
You should also consider the GC factor. If your L employer is willing to sponsor a GC, then that is terrific.
You can come into the US in Jan 2008 on L-1A, apply for your 140/485 in Feb 2008 (labor is not required for EB1 and the PDs are current) and you should have your GC by Jan 2009.
On the other hand, if you come here on a H visa, you may not have a GC even during 2019!
Weigh your options and plan accordingly.
You can come into the US in Jan 2008 on L-1A, apply for your 140/485 in Feb 2008 (labor is not required for EB1 and the PDs are current) and you should have your GC by Jan 2009.
On the other hand, if you come here on a H visa, you may not have a GC even during 2019!
Weigh your options and plan accordingly.
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eilsoe
10-03 01:41 PM
Yes... someone should start a SPAM thread...
to let off some agressions that is...
ahh what the h*ll.. we answered his question in the beginning...
to let off some agressions that is...
ahh what the h*ll.. we answered his question in the beginning...
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satya1234
03-27 05:35 PM
Thanks for the reply.
Looks like i would have mis communicated. I am sorry for that.
I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .
Still it is not legal to stay here..??
Looks like i would have mis communicated. I am sorry for that.
I94 rejected which is applied by my New Employer NOT the one which is applied by current employer (applied for extension) . So whatt i was told is "I can stay and work with my old employer for 240 days " . So currently am working on my current employer extension .
Still it is not legal to stay here..??
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snathan
02-06 06:47 PM
Thanks a lot for heart warming response .
I greatly appreciate your comments .
Ask him to file a law suit and he will pay you whatever you earned from you. He is just threadening. Nothing else.
I greatly appreciate your comments .
Ask him to file a law suit and he will pay you whatever you earned from you. He is just threadening. Nothing else.
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atulnayak1
02-19 12:03 PM
Franks Red Hot sauce, I put that sh&t on EVERYTHING!
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kshitijnt
07-30 08:02 AM
I do not recommend E3 visa. As non immigrant intent like F1/B1 is required on E3.
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sachug22
05-12 02:11 PM
CIS have been targeting reducing processing times for applications including I-485 (for I-485 they want it to be <180 days). Which they are doing, based on their definition of pending (non retrogressed approvable application). They can easily achieve this, give retrogressed countries/categories bare minimum and they process all other applications as quickly as possible. Which explains all of the following..
EB3 made unavailable (they have used all the visa numbers)
EB2-India move way back (they have used all the visa numbers)
EB1 and EB2 quick approvals (for all current categories) average down to 200 days
There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.
To add to the woes we have following, which add to the problem, but are not the primary problem.
Labor substitution
EB3-EB2 jumps
Very old name-check cases
Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.
EB3 made unavailable (they have used all the visa numbers)
EB2-India move way back (they have used all the visa numbers)
EB1 and EB2 quick approvals (for all current categories) average down to 200 days
There were around 3000 visas for EB2-1 and EB3-I , considering 1.2 dependent this means GC for no more than 1400 families in each category. The math is simple getting that many applications processed in first 6-8 months was not difficult.
To add to the woes we have following, which add to the problem, but are not the primary problem.
Labor substitution
EB3-EB2 jumps
Very old name-check cases
Primary problem is 7% country cap, they way things are if CIS gets enough cases in EB1 and EB2 (none retrogressed categories), then they will be reluctant to issue GC to EB2-I and EB3-I above the minimum (7% quota), since that do not count in their definition of pending cases.
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akred
03-09 02:08 PM
Priority date is the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
should be:
Priority date is defined in two ways -
a) For cases with a labor certification, the date on which a permanent labor certification was filed for a beneficiary and based on which an underlying I-140 petition is applied.
or
b) For cases without an underlying labor certification, the date on which the I-140 petition was applied for.
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GCard_Dream
06-18 06:09 PM
Last time I checked EB3 for ROW was "U". Did you somehow get "U" confused with "C" or have you stopped looking at visa bulletins?
But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?
But, I'm not sure if EB row would care that much...since their dates are ALWAYS current?
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nozerd
01-17 09:35 AM
Go ahead and apply for a birth certificate from your nearest US Embassy/Consulate.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
You will need one anyway when you do file I 485 or CP so might as well keep it ready now.
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patelkirti
04-17 02:40 PM
It's alright abt the red dot. Is there a way I can find out who gave it to me? Just curious!
Thanks guyz for helping out!
Thanks guyz for helping out!
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snathan
04-01 12:11 AM
Company A in my case has not revoked my H1B, it's still in valid status. I had been to India too & I came back with same VISA on MARCH 12 2009. I have mentioned in the post also.
"snathan", can you tell me what are the options for me now in this situation?
I believe you should be able to go back to your employer A and work with him as you still have valid visa with him. But check with attorney.
"snathan", can you tell me what are the options for me now in this situation?
I believe you should be able to go back to your employer A and work with him as you still have valid visa with him. But check with attorney.
jsb
12-31 10:59 AM
Dear friends,
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.
My h1 is valid till Dec 2009. H1 stamping is expired in passport in Oct 2007.
My AP is approved. I am planning to travel in Jan 2008. Can I us AP to reenter in Feb 2008 and continue working on H1 or do I have to use EAD to work?
Thanks
MOnica
Not sure. AP allows to enter the contry because your AOS is pending. In the meantime until decision on your AOS made, you work on whatever status (H1, EAD etc.). As your H1 stamp has expired, you might need to use EAD.
sanju_dba
01-04 12:12 PM
i would prefer to be a documentary instead of a feature film!
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