Sunday, June 12, 2011

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  • meridiani.planum
    06-15 11:10 PM
    I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
    If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
    Has anyone else gone through this confusion? What are the things to keep in mind?
    Is there a special need how the job requirement should be?
    Please advise.
    Thanks

    education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.

    You can potentially get two questions in the RFE:
    - why does the job need a Masters (EB2 justification for LC)
    - why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).

    Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?




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  • gc007
    01-08 01:09 AM
    I don't have any reference as such but as has been told earlier by someone..

    ""Technically, the visa is just permission and not a guarantee for re-entry. But I do not see how a new approved petition would affect it. Just make sure you carry the current & new approvals with you. In fact, if you present the new approval at the time of re-entry the officer can give you a I-94 with an expiry date that is the same as the expiry of the new approval !!""

    ..... I was just wondering if the officer at the time of re-entry stamps the date on the I-94 with current approval date on the passport instead of the new approval then it may be req to get your extention upon the expire of that date.

    Again this is something an attorney can tell for sure.


    .




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  • estrela21
    02-08 10:10 PM
    well i got marriage church, but we didn't got are license yet, because my husband have some problem in court.( he is a citzen) We'll know if he will go to jail or not in march 31.
    my question is:
    since we don't know if he will or not. I need to know if i can start my paper with the immigration?
    because if he goes to jail.. how we will do the interview if he is not here to go?
    what i can do??
    somebody can help me?:confused:




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  • pou-pou
    06-11 08:44 PM
    wow :D I have done good here :D :lol:

    well, the guy with the green swan stamp should win though :love:



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  • pankajkakkar
    03-05 07:09 PM
    Please email me (kakkar_pankaj@hotmail.com) and I'll try to get us co-ordinated.




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  • immigrationvoice1
    04-04 02:28 PM
    I agree, if you have applied for I-485, F1 is not a good idea. I wasn't aware of the OP's GC situation.

    Editing post: It seems that the OP applied for I-140 late last year, and the country of chargeability is India (public profile). So, in this case, F1 is probably a better bet.

    BTW, what does OP stand for?



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  • prem_goel
    08-05 05:15 PM
    that is totally illegal and if it happens and if someone complains to DOL then the employer will be in "Lake Soup"

    Agreed with above. Fill out WH-4 ESA. Google it and you'll get it. Turnaround time sometimes is around 2-3 months but you'll see definite action.




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  • Ann Ruben
    07-14 08:02 AM
    Hello Ruben,

    Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".

    Earnestly waiting for your reply.

    Thanks.


    Hi Keerthi,

    I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.

    Ann



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  • clifford
    02-02 06:30 PM
    A good business man cares only about profit. Recently US announced that it will be selling arms to Pakistan and few days earlier it had announced that it will be selling billions worth of Arms to India.I think USCIS approved all the 65 K H1b applications in the current quota and now officials at the air port will be kicking back Indians at the port of entry. Creates good business for USCIS, shows airport officials are enforcing laws probably they need to hire more people and creates business for airliners etc, all seem to be benefiting a little bit.

    H1B is favorite whipping boy for so many groups of people. Nobody has complaints against communists taking their jobs and making each and every damn thing which is in their home. It is like some so called red necks who will not buy Chinese made tv at walmart but will buy the same thing from a smaller shop thinking that they made a big difference. It pisses off many people that a guy who got educated in 3rd world and does not speak that smartly and probably does not look that smart is beating them at their own game against all the odds. Oddly I think that is what is AMERICAN SPIRIT.




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  • bach007
    11-27 01:35 PM
    Originals of these have to be mailed first right? Do we need to carry copies of these on day of interview????



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  • smmakani
    05-14 07:20 PM
    Thanks IV Core. We are all with you.




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  • lazycis
    04-05 02:24 PM
    I need some help with my situation. I am currently working for an employer A full time on H-1 B. I-140 Approved (> 180days) and 485 pending (July 2nd filer). I have my EAD. My H-1 is being extended and I have not received my approval notice yet.

    I got an offer from employer B for a consulting GIG. I would like to invoke AC-21.

    Can someone please answer my questions? :confused:

    1) I am planning on doing a H-1 transfer to employer B. Will it be possible to do H-1 transfer while employer A is extending my H-1?

    2) Should I let USCIS know that I am changing my employment?

    3) I have a job code that I used on LC. Should I maintain the same job code for H-1 transfer as well?

    4) I am not sure how big employer B is (not sure how many employees work for them)....does it matter? Should I be concerned if employer B is a small employer? :rolleyes:

    5) With employer A I make x dollars. LC reflects this pay. When I switch to employer B should I also make only x dollars or can I make more? :eek:

    Thanks in advance for you replies.

    1. Yes.
    2. No.
    3. Does not matter
    4. Does not matter unless you are a supervisor over a lot of people
    5. Make more, of course!



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  • jonty_11
    01-15 10:29 AM
    Hi,

    Out of the 3 - CELPIP, IELTS,
    which do u think is teh preferred test for us?

    Just got Letter from Buffalo Canada Consulate to provide results of this test.

    Plus Looks like IELTS does not have a test location in the state I reside in.




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  • theperm
    05-07 01:52 PM
    I am suspecting it will not be favorable at all

    Please let us/me know ASAP.



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  • GCard_Dream
    01-31 01:09 PM
    Hmmm.. I wonder if that's really the case. H1B extensions past 6 years is only allowed if the petitioner :

    1. has a approved labor and 365 days have passed. OR
    2. has a approved I-140

    Now if the underlying I-140 is revoked which was the basis for the H1B extension then I would think that H1B itself would be invalid. However, if that's not the case and USCIS doesn't invalidate the H1B then it's really great. The only other remaining issue I can see is how do you further extend your H1B after the current on expires because you won't have a approved 140 to support it. Are you just out of luck?

    As per the law, your H1B will still be valid even in if I-140 is revoked. However, the only flip side is one will lose the old priority date.
    For sure, this is exactly outlined in the law. I have known some cases who are working successfully and legally on H1Bs even after their I-140s revoked (by the way one of them is in 8th year of H1B)
    Im 100% sure about what i said. For better clarification, one can contact murthy.com or rajiv.s.khanna




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  • boreal
    02-25 08:02 PM
    I would like to ask the same question but a bit more specific.

    For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?

    Thanks

    Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..



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  • logiclife
    08-03 07:23 PM
    Hi logiclife,

    I agree with you. You're spot on. My other friend, please take a note of Logiclife's comments.

    Do you have any sections from USCIS, which states that there is no need of job duties on the experience letter and just the job title and dates of employment will suffice. much appreciated. Thx.

    No, I dont have any code or INA section for that. And I never said that just the job title and dates of employment will suffice. No, that wont suffice, coz that only shows what happened in the past. The employer letter is supposed to assure USCIS that the job offer is still valid and if USCIS gives you greencard then the employer is still offering employment which was the basis for filing greencard. The future component is a must. What happened in past and what happened so far (up until 485 filing) is irrelevant. Therefore just the title and dates of employment ARE NOT ENOUGH.

    What is relevant is the job described in labor cert is still available to you IN FUTURE and whether employer is willing to say it on a letter to USCIS that "Hey, take care of this guy's 485 coz I still plan to hire him on XYZ position IN FUTURE ".

    I am telling you from my own experience with what my lawyer had prepared for my HR to sign.

    My employer's letter simply states that A) they will pay me X amount at the minimum (which is my current salary) and B) the job is still being offered as per job described in ETA 750 and I-140.

    That covers everything. Labor cert has job description. 140 has other credentials. If a letter with 485 says that job offer is still valid a per job described in labor and 140, that covers everything.




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  • EndlessWait
    05-01 12:09 PM
    If old I-140 has not been revoked, you are entitled to the old PD.
    8 CFR 204.5
    (e) Retention of section 203(b)(1) , (2) , or (3) priority date. -- A petition approved on behalf of an alien under sections 203(b)(1), (2), or (3) of the Act accords the alien the priority date of the approved petition for any subsequently filed petition for any classification under sections 203(b)(1), (2), or (3) of the Act for which the alien may qualify. In the event that the alien is the beneficiary of multiple petitions under sections 203(b)(1), (2), or (3) of the Act, the alien shall be entitled to the earliest priority date. A petition revoked under sections 204(e) or 205 of the Act will not confer a priority date, nor will any priority date be established as a result of a denied petition. A priority date is not transferable to another alien.
    it it was not fraudulent.. that's what my lawyer told me




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  • blacktongue
    01-26 03:30 PM
    Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

    US needs EB1 and Ph.Ds

    Others not contribute as much




    vxg
    10-19 05:38 PM
    For new investors starting with index funds, mutual funds is best. You can see good value in banking area funds like KBE,XLF or when NASDAQ plunges buy qqqq.
    Considering the lowered cost of stock I am planning to gets my hands dirty in stock. But I don't have much knwoeldge about it. Also, by the time I find resouces to learn more about stock, the prices might ahve gone up.

    So can anyone provide good online tools to know more about investing on stocks and buying stocks online...

    Thanks




    scho69
    01-02 11:45 AM
    Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?



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