pappu
05-27 02:52 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
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sukhyani
03-05 02:04 PM
copy of current employment letter and future job offer...Does this has to be with same company...OR...
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
Can Current letter be from new Co.(u switced to using AC21) and Future Employment offer leeter has to be from teh Orig Spnsoring Employer???
My I140 sponsor is not my current employer. That's why I had to furnish both current employment letter and future employment offer letter. I have not changed employer as yet though.
If you invoked AC21, I believe you are right, you would have to furnish employment letter from your current employer and offer letter from the orig sponsoring petitioner.
IAspire
02-21 11:34 PM
Is there a specific stage in the process till which point i have to be in US. If I go back, I will go back to India on a job with the same employer and can come back later with the same employer. Thanks.
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akilaakka
03-09 11:15 AM
Stuck no longer in the muck,
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
i AM eb -2 India and NIW and was wondering what Catergory of EB-1 you got upragded to.
I will PM you with my contact info.
Thanks
Ramkrishnan
more...
Libra
08-22 08:05 PM
dean and kadarm welcome to IV, we are very much active and we are glad you guys contacted. so far 5 members voted to join in bus, other flying. so i request you guys to join us in the bus if not have any problem.
tomCT
03-28 08:53 AM
I think this would be an easy and effective ammendment request. The USCIS considers BS + 5years equivalent to Masters(advanced degree).
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
As per Spectors/Frists bills, the Advanced Degree holders with 3 years exp in related field will have no numerical limts. First of all, can we interpret advanced degree as (BS + 5 years) ?
If not, is it possible to request these senotors to add that? It would be easy to add compared to requesting them of removing the country quota.
I belive most of the EB3 candidates have 5 years of experience. tHE REST OF THEM MAY BE ATLEAST 3 + YEARS EXPERIENCE WHICH THEY MAY THEN NEED TO WAIT ONLY 2 OR 3 YEARS TO REACH THAT 5 YR MARK).
The advanced degree is already interpreted by DOL as BS + 5 years.
Its interpreted by USCIS as BS + 2 years.
I request the IV to clarify this and request Spector/Frists to add this. There may be some reason for them removing that section 5. But adding a BS + 5yr interpretation to advanced degree wouldn't be an issue for them.
more...
sheela
08-06 07:58 PM
I had received RFE. They received the response for RFE on 08-01 for which there was LUD on 08-01. There was another LUD on 08-03. another one on 08-04. The status reads: "On August 1, 2008, we received your response to our request for evidence. We will notify you by mail when we make a decision or if we need something from you. If you move while this case is pending, call customer service. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use our processing dates to estimate when this case will be done. This case is at our NEBRASKA SERVICE CENTER location. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. Just follow the link below to
register."
I sent you PM. Please, check the same
register."
I sent you PM. Please, check the same
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meridiani.planum
11-26 02:57 AM
Hello Friends,
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
I filed for AOS on 07/2007, stopped using my current H1-B on 07/2008 (valid thru 07/2009). I am EB3-India PD 03/2005.
My question is if I can apply for a new H1-B thru a new company in the US now, instead of a transfer? I have a valid reason for doing that. Do let me know.
Thank you.
yes you can. Since your PD indicates your LC is >365 days old.
new H1 is same as transfer, there is no real difference in application etc. I assume you are moving from AOS-pending/EAD to an H1.
more...
upuaut
09-20 03:05 AM
forgot.. another nice feature of Painter 6.0 at least and I assume of 7.0. It will use any Photoshop plugins. Likewise it will import and export to Photoshop's psd format. I really believe that the programs are both good and are fated to be used together.
for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.
for instance.. the magic wand tool in painter does not even come close to the one in Photoshop.
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msekhargc
06-20 11:57 PM
Hi Gurus,
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
My labor was approved in July'07 and I-140/485 were applied under EB2 category in Aug'07.
My qualification : Master of Engineering in Civil Engineering and B.Tech in Civil Engineering.
I got the below RFE from CIS :
The submitted ETA 9089 states the preferred position of Computer systems analyst requires a Masters degree in Engineering or related field.
Please submit a new educational evaluation based solely on the beneficiary's education when compared to a degree related to the computer indstry.
An acceptable evaluation must:
1) Consider formal education only, not practical training experience
2) did the applicant complete the U.S equivalant of high school before entering college
3) Provide detailed explanation of material evaluated
4) briefly state the qualifications and experience of the evaluator providing the opinion
The education evaluation I have submitted with I-140 includes my work experience. Please suggest me your ideas/experiences in getting the best education evaluation for my I-140 approval.
Thanks,
Sekhar
more...
gchopes
10-23 09:22 AM
Does Charlotte Office ASC have a day for walk-ins? Has any one of you done that and gotten their FP done on that day?
gchopes
gchopes
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Goodintentions
01-29 09:16 PM
Dear All,
First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.
1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India
2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!
3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs
4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?
5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!
6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.
7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record
8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!
Let us hope that something will work out before the end of the current term (2012)
Best wishes!
First of all, the idea of this note is to present some facts and thoughts, not to take sides. I am stuck in the GC line for a very long time and I have nothing to gain.
1. The present GC line is clogged due to the fact that between 2001 - 2003 (or 2004, I do not remember) the H1B quota was increased from 65000 to 130000 and even to 215000 at one point. Most of the skilled folks came from India but there was no proportional increase in GC quota for India
2. In other words, the US government prefers people to come and work at reduced wages and go back to their native countries. Every year wave after wave of new comers can keep coming, to keep costs low and profitability high, but they will not be encouraged to settle here. Like it or not, Capitalism is all about making money, everything else is secondary!
3. Many Indian companies stopped processing H1Bs after they realized that despite draconian bonds and vieled threats, the Indian techies on H1Bs switched jobs and started filing for GCs
4. Currently there is no limit on L1 visas. I am not sure how many actually come with L1 visas, but wherever I have been I have noticed that 80% of the project colleagues hold L1 visas. This implies that this no. could probably run to several thousands. Technically, H1B has been the eyesore to many people who comment about foreign workers though people coming on L1 far outweigh employees on H1. Is this because H1s have the option to file for GC (except ofcourse L1A)?
5. Under the circumstances, it is not clear how increasing H1Bs will help when there is a continuous inflow of L1 skilled workers over and above the 65000 H1 quota. Further, most of the H1 employees file for their GCs and join the eternal line and the never ending wait. So, in reality (like me) they get stuck with their employers and due to various family commitments, such as grown up children going to high school / college, are forced to pull on and sacrifice their entire active work life, under the threat of job insecurity!
6. The right and scientific approach would be to take a clear statistical account of all the skilled manpower available (US Citizens, GCs, EAD holders, EB2 / EB3 friends in the endless GC line) and try to map this data with the available jobs and the projected market situation over the next 5 years. Based on the scientific, quantitative analysis the government should decide on bringing in additional workforce. That would be logical and mathematical. There is no point flooding the market and creating social tension.
7. Instead of further complicating the quagmire of GC, the government should consider granting permanent residency to legal immigrants who have put in 10 continuous years of stay, without any criminal record
8. It is only in the USA that the system of giving GCs is NOT time bound. In every other western nation, every milestone has a definite pre-defined time period. I do not mind if the US says, "Stay for 20 years to get a GC!" Well , then it becomes a personal choice for one to take it or leave it. Sadly, we do not have this option!
Let us hope that something will work out before the end of the current term (2012)
Best wishes!
more...
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bestin
12-21 08:55 PM
Thanks, Bestin.
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
Ur status doesnt change unless u use your EAD.Again this is AFAIK
I have another question. If my I-140 is approved in next few days, how the status will change?
Thanks in advance
Ur status doesnt change unless u use your EAD.Again this is AFAIK
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marzelan
11-05 02:04 PM
I am in the same boat.File July 27. I140/I485 conccurently but so far I only have receipt for I140.Call USCIS over 10 times already no luck at all.And they told me that all applications from TSC are in the system.My lawyer call today and she was told that there are more cases from TSC that are still keying in for applications received during the month of July. So I ahve no idea what to believe.Call USCIS and request to check on your case.
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gcformeornot
02-24 07:14 AM
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talduk
March 24th, 2005, 02:29 AM
I forgot to mention that I purchased only the body and put on an old F-801 35-70 nikon lense.
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QuietFlowsTheDon
06-03 01:36 AM
Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
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saps
01-08 07:40 PM
Please help.
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julsun
01-03 11:57 AM
YOU: If thats a valid visa until 2009 you can travel without AP. Else, you can travel but will need H1 stamped.
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?
Thanks
YOUR WIFE: If she needs H4 stamped, she can get that done and re-enter.
If your travels are not urgent you could wait for AP and save couple hundred bucks!
But dont you need to wait for AP approval to travel if you are in AdjustmentOfStatus Phase?
Thanks
guchi472000
03-24 10:43 AM
I just scanned and send USCIS letter to my attorney and company, attorney said he will take care of this.
If i get scanned copy of reply(i requested my attorney to send me one), i will surely share with everyone here.
If i get scanned copy of reply(i requested my attorney to send me one), i will surely share with everyone here.
bugmenot
12-05 02:48 PM
i think neither will increase, the economy is belly up
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
