ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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mudigondag
01-25 12:19 AM
Friends;
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
I am posting this on behalf of my friend who is on H1 (6th year expiring in Dec, 2011). His labor is yet to be filed and in this connection we have a question. Process has been initiated by employer and tentatively labor will be filed in June, 2011. Hoping that he will be done with labor or I-140 by November would he be eligible for 7th year H1 extension?
Thanks
Venu
keiryu
10-05 05:43 PM
Go to your nearest USCIS office with a copy of your application and a letter proving your emergency (if not in english, have a law office translate it). they should be able to produce an AP at the spot. My in laws just got their AP last week.
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hibworker
12-14 07:00 PM
Just mark NO, since it is a Yes / No question. You currently have EAD for next 2 years, hopefully it'll get renewed. You don't have a crystal ball to tell what will happen after that.
So you are not mis-representing by saying NO.
PS: This is just what I would have done and is only my opinion.
So you are not mis-representing by saying NO.
PS: This is just what I would have done and is only my opinion.
more...
sweet23guyin
06-18 10:47 AM
I understand AP is like your visa stamp. I94 shows your status and not a visa stamp.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
As a known fact,You may show to IO at port of entry only when it is valid and not expired.
You may also apply for an extension only when you wish to travel out and want to come in using AP.
sarosi
04-16 09:41 PM
I have the following status working with the original H1B employer who filed for my green card petition:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
1) PD Jan, 2007, EB3-I
2) I-140 approved and pending AOS
3) 2 yrs. EAD available, expiring Sep. 2011
4) H1B will be expiring within 3 months (1 year left from 6 years limit)
My questions,
1) Can I use EAD instead of extending H1B? I want to stay with the same employer as a
full time employee.
2) If yes, is it required to inform INS? How and when?
3) In that case, how me, my son (middle school student, H4 & pending AOS) and wife's (EAD & pending AOS) stay in US will be justified with no valid I-94 (assuming I am not extending H1B anymore) ?
Answers to my above questions will be highly appreciated.:confused:
more...
ArunAntonio
09-18 10:55 AM
thanks for the updates, keep em coming... may be a little longer and clearer this time ;)
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rbharol
09-13 01:50 AM
LIN belong to Nebraska Service Center.
That is what I feared...
That is what I feared...
more...
Blog Feeds
06-26 03:40 PM
If you hold a green card and know in advance that you must be outside the United States for more than one year, it's worth applying to USCIS for a reentry permit (http://www.h1b.biz/lawyer-attorney-46E25CCD-3076-4CAE-B8909FA9BFF73FEA.html). This lets you to stay away for up to two years.
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
You should send in your application before leaving. Your reentry permit will serve as an entry document when you are ready to return. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The Nebraska Service Center (NSC) of the U.S. Citizenship and Immigration Services (USCIS) issued an advisement in June 2009 regarding a change in procedures related to requests for rescheduling biometrics (fingerprinting) appointments for applications for reentry permits. The NSC has advised that all applications for reentry permits will be denied if the fingerprinting is not completed within 120 days of filing. The procedures for requesting expedited fingerprinting have not changed. I assume this is due to fact that many Green Card holders living abroad were trying to apply for the permit from overseas. In order to stp the practice, USCIS is trying to impose the strict biometrics schedule to make sure applicants apply form inside the US.
Applicants either have to appear at their scheduled appointments or request to be rescheduled. This request must occur before the appointment date. A request for rescheduling must be accompanied by a reasonable excuse for the inability to appear for the scheduled appointment. Rescheduled appointments are set within a maximum 30-day timeframe. Applicants should plan their travel accordingly, as the announcement is absolute with respect to the 30-day timeframe.
Here is a good tip to avoid one's green card being considered automatically abandoned under law, it is important to return within one year, at the latest.
More... (http://www.visalawyerblog.com/2009/06/how_to_keep_you_green_card_cha.html)
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
more...
easygoer
04-24 11:05 AM
It seems that we are at loss what is going on at Texas as reagrds to I-140. Is there anyone who can sheds light as to what is actually happening at Texas?
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JazzByTheBay
09-07 02:34 PM
..for more videos later through the weekend.
http://morejazzbythebay.wordpress.com/
cheers!
jazz
http://morejazzbythebay.wordpress.com/
cheers!
jazz
more...
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looivy
07-24 01:13 PM
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
Is anybody else in the same boat?
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gcby2099
05-04 08:19 AM
4 months ago they both lost jobs and they had a baby girl in Feb, his in-laws are visiting them and his is actively searching for new job. Last night I informed him about IV.
I would like to help him reg this status issue..
I would like to help him reg this status issue..
more...
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AGUTHA
02-22 09:05 AM
Hello,
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
My 6 years on H1B is going to expire in Oct 10. I want to file for extension but the lawyer says that i can do it only after Mar 10 that is 6 months before h1b expires.
----You can apply after Mar 10.
I have to visit my home country in May 10 and i wanted to go with my new h1b documents.
---If you go on May 10, You can get US visa for remaining months.
----my idea is apply premium on Mar 1st.You will get it within 15 days.
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FLYPIG
10-16 04:41 PM
320k make majority sitting and hatching.
800k will make majority jumping and fighting.
what is real number again??
800k will make majority jumping and fighting.
what is real number again??
more...
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Rastogi
06-22 08:01 PM
Two I140 in process with a difference of one years in the priority date (one original and one recently filled substitution with improved PD). Which I-140 should be used for I485. IF PD goes back to retrogration, the substitution would help with a risk of getting reject as well. The original I140 has less risk but if PD goes in retrogration, it might get years to get I-485 approve. Suggestions?
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bijualex29
06-19 04:22 PM
How much time we need to wait before we start campaigning for a separate bill like SKIL bill.
I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.
I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.
As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.
Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
We can also include the University student at least can sigh the petition.
Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.
If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.
I would like IV core team to Initiate some work, the work which volunteer like me can take forward. I am not good at lobbying, but I am sure with you folks help, I can do something.
Can super moderators can come up with a master plan, which we can implement at each state. Once one of the moderators commanded that � I like the Idea, but why don�t you volunteer for it, since it is run by a volunteer organization�.
I appreciate your command, but some one can lead it and let us take care of the rest. Initiation is the most difficult.
I too am busy with my work, but for the noble cause and to release the frustration which I had for this EB-system, I can take any trouble.
As I mentioned before, I can contact Sen.Mike DeWine, I met there staff before for some personal reason and they were too nice.
John Boegher ( Forgive my spelling) Majority leader is in my constituency. I can easily talk to him too.
But as an individual, it is practically impossible to make any impact, but as a group, at least 50 people with a several sign petition from each state, if we approach it can make some difference. I have some influence to get it published in Dayton daily news too.
Also if I do it at only Ohio, there may not be an impact, but if we all try to coordinate in different state, at the same time, the massive force can make lot of difference.
We can also include the University student at least can sigh the petition.
Any thought is appreciated, every time in the forum, people says � it s good idea� and leaves at that point, please it is the time, we need to act.
If we agree to my above point, we can start collecting the names and phone No with the state wise. It may take some time but surely we will keep it as backup.
Loosing the battle and telling that we will pack up and go back to India is not the solution, that is coward. I am sure, people who commended, will live for next several years complaining about the system.
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jcrajput
10-09 07:53 AM
Updated...
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent
snathan
02-17 09:05 PM
I want to do H1 transfer . But I do not have pay stub of Jan and Feb 2009 . Right now I got a project which will be starting from March 1 to 31 March . But before that I want To Transfer my H1 . Doses H1 Transfer need recent Pay Stubs ?
Yes...You need.
Yes...You need.
royalchallenge
02-03 05:07 PM
^^^