Sheila Danzig
02-25 01:44 PM
You can only use experience IF it is for EB3 AND EVEN THEN ONLY IF it so states on the labor certificate.
However, I have seen a few that have slid by the adjudicators. But the chances are very very slim and I have seen cases picked up later on if it was incorrectly approved ... but not always.
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
However, I have seen a few that have slid by the adjudicators. But the chances are very very slim and I have seen cases picked up later on if it was incorrectly approved ... but not always.
I'm certain you cannot do that. While applying for H1B Visa, you can use experience in lieu of education, but while Perm/I140, they consider only 1 degree. Either its Masters or its Bachelors...even both of them are not considered as aggregates.
If your attorney is planning that way, he may not have handled such cases before... :eek:
You cannot substitute degree with experience while applying for Perm/I140.
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lazycis
12-20 02:10 PM
There are so many things not required by law but you have to do which if you did not do is fraud or lie by ommision. Any material change to your case which could affect the decision of USCIS in awarding you with GC should be reported and USCIS "expects" us to do that.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
I am telling all of you, there is a similar case on going right now. A couple apply for citizenship and got denied because of the discovery of fraud on their GC process. They are now in "removal proceedings".
If it's not required by law, no court will find you guilty. I am sure the case you are talking about is not employment-based portability case.
tonyHK12
04-29 03:00 PM
If the immigration processes will get affected because India excluded Boing and Lockheed. .
:D
Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
:D
Actually the SU-30MKI beat both the F-15 and Eurofighter in training with the US and RAF, and is developed jointly by HAL.
Eurofighter has also invited India to partner in its development
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tdasara
06-10 08:34 AM
Just a ONE TIME recapture can clear this mess!
Just ONE TIME!!
Just ONE TIME!!
more...
srd
02-07 01:28 PM
I am in same boat
anemmani
01-28 09:36 AM
The Telugu news channels certainly dramatize the issue and blow up the story. I sympathize with the students and their parents for the difficult time that they are facing. But, these students are not being tortured like criminals and terrorists.
I believe these students were questioned by the USCIS and released on bail. Because these students are required to give evidence against Tri-Valley, they are released on bail after questioning. They pose a risk of flight and hence they are radio tagged.
If these students were attending classes like thousands of F1 students across the country when the university was shut down, they do not have anything to worry about. They can leave the country or transfer to a different university. If they were legally working as interns in positions that are allowed by the CPT, they still have nothing to worry about.
If these students were working at gas stations and convenience stores across the country instead of attending classes, they have broken the law. They are liable for prosecution. CPT is intended to complement your education with practical training. Working at gas stations and convenience stores does not qualify for CPT. For almost all disciplines except IT & software engineering, working for software consultants on CPT is illegal.
These students bring F1 program and Indians into disrepute. Incidents like this also give ammunition to anti-immigration lobby in this country.
Nag
I believe these students were questioned by the USCIS and released on bail. Because these students are required to give evidence against Tri-Valley, they are released on bail after questioning. They pose a risk of flight and hence they are radio tagged.
If these students were attending classes like thousands of F1 students across the country when the university was shut down, they do not have anything to worry about. They can leave the country or transfer to a different university. If they were legally working as interns in positions that are allowed by the CPT, they still have nothing to worry about.
If these students were working at gas stations and convenience stores across the country instead of attending classes, they have broken the law. They are liable for prosecution. CPT is intended to complement your education with practical training. Working at gas stations and convenience stores does not qualify for CPT. For almost all disciplines except IT & software engineering, working for software consultants on CPT is illegal.
These students bring F1 program and Indians into disrepute. Incidents like this also give ammunition to anti-immigration lobby in this country.
Nag
more...
kviswanathan
08-06 06:19 PM
My case
PD:April 5 2004
RD:July 2 2007
ND : Sept 10 2007
I140 Approval: Feb 15, 2007
Status: Pending
Service Center: NSC
PD:April 5 2004
RD:July 2 2007
ND : Sept 10 2007
I140 Approval: Feb 15, 2007
Status: Pending
Service Center: NSC
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Kitiara
02-12 04:52 AM
Kit your castle was wild, was it done from a photograph? Yeah, I used one of my old holiday snaps as a reference. One of the places I used to get taken on holiday to when I was a kid was up near Gloucester, and there was this old ruined castle. Used to love going there, and in the middle of this battle I suddenly remembered it and dug out my old photos. Had that next to me while I was drawing it. :)
more...
aeroterp
05-29 04:48 PM
This is Pat Buchanan's dream come true- an entire fiscal year without any green cards being issued on the basis of employment!
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
That's not true. They will still process backlogged applications filed prior to the introduction of the bill. Considering the current backlog, none of the applications for FY2008 from India and China would have been considered during that period anyway. This would only matter if you were from a non-retrogressed country. As far as the points system is concerned, your priority date doesn't matter anyway as only your point score will be considered.
... ...
Thanks,
Jayant
http://www.ilw.com/articles/2007,0530-endelman.shtm
That's not true. They will still process backlogged applications filed prior to the introduction of the bill. Considering the current backlog, none of the applications for FY2008 from India and China would have been considered during that period anyway. This would only matter if you were from a non-retrogressed country. As far as the points system is concerned, your priority date doesn't matter anyway as only your point score will be considered.
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dingudi
11-19 01:51 PM
I dont know what to do. I opened an SR on Oct 8,2007. My ND is Sept 10. And so far no FP appointment yet. My app is at TSC.
Apahilaj/anyone with similar dates , did you guys get the FP yet.
Apahilaj/anyone with similar dates , did you guys get the FP yet.
more...
cse_us
07-24 04:57 PM
Here's update on my cases
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
I Efiled mine on may 19th, FP on jul 3rd, no update yet.
Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.
We are currently working on EADs which expire on 30th Aug.
Am worried if I will have the card by then or not.
If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.
It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.
Jul 2nd filer, EB2 - PD Apr 2007
Self e-filed: May 30, 2008
FP: Jun 25, 2008
Card prod ordered: July 23, 2008
EB3-I / PD: Mar 2006 / I-485 - RD: Jul 2007
Will post about duration as soon as I get the cards in hand.
I Efiled mine on may 19th, FP on jul 3rd, no update yet.
Efiled my wife's EAD on may 30th, FP on jun 24th, Card prod ordered July 23rd.
We are currently working on EADs which expire on 30th Aug.
Am worried if I will have the card by then or not.
If i dont have the approval by aug 19th, I am planning to take Infopass for the interim EAD.
It sucks to see they dont follow FIFO or atleast close to FIFO, so much variation as some june filers received card in june itself.
Jul 2nd filer, EB2 - PD Apr 2007
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anilsal
08-13 10:51 PM
"How many of us are going to attend the Sept. 18th DC rally?"
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ssdtm
09-14 12:35 PM
I noticed it after I made payment via credit card.....so it was too late to make any corrections.
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
But I am yet to send the supporting documents to USCIS to adjudicate this application.
What should I do:
1) Send letter, explaining the correct DOB, while sending all other documents
OR
2) Wait for RFE
OR
3) Revoke this and file another
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purgan
01-31 11:40 AM
For all those people who haven't been willing to donate to IV until now, let this Immigraton Fee Rise serve as a wake up call.
Do you want to pay $60 to IV now, or pay 10X that amount in June (when filing fee will rise by almost $600 for 485 filing)??
I know some people didn't want to contribute to IV, but now the choice is clear: pay $60 to IV now for its efforts or pay $600 to USCIS in June (where there will be no choice left but to pay up).
Do you want to pay $60 to IV now, or pay 10X that amount in June (when filing fee will rise by almost $600 for 485 filing)??
I know some people didn't want to contribute to IV, but now the choice is clear: pay $60 to IV now for its efforts or pay $600 to USCIS in June (where there will be no choice left but to pay up).
more...
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pappu
08-31 10:04 PM
There is a blog attached to this article. Please follow up. Already, there are 72 comments.
On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!
Explorer starts exploring google map and gets lost.:D
Its seems to be working fine on my explorer and Firefox.
Macaca your help is needed in finding some good slogans and quotes for banners. we are still looking for a few. We do not have much time to finalize. If you know some, then post on slogans thread
On an unrelated note, my explorer dies on IV's new (since yesterday) home page. Some other explorer's work fine. How can I fix it? Thanks!
Explorer starts exploring google map and gets lost.:D
Its seems to be working fine on my explorer and Firefox.
Macaca your help is needed in finding some good slogans and quotes for banners. we are still looking for a few. We do not have much time to finalize. If you know some, then post on slogans thread
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scorpion00
06-16 11:26 PM
I support this campaign and will act upon any action item.One quick question, is the visa revalidation only for people who already hold H1 visa stamp on passport or COS from F1-H1 also falls in the same category?
more...
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wahwah
06-05 12:03 PM
HQPRD 70/6.2.8-P
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
Michael Aytes
Acting Director of Domestic Operations
December 27, 2005
Interim guidance for processing I-140 employment-based immigrant petitions and I-485 and H-1B petitions affected by the American Competitiveness in the Twenty-First Century Act of 2000 (AC21) (Public Law 106-313)
I. Q & A ON PROCESSING OF I-140 PETITIONS AND I-485 APPLICATIONS UNDER THE I-140 PORTABILITY PROVISIONS OF �106(C) OF AC21
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above
Even as it stands RIGHT NOW without the "New AC21 Rules", you cannot use AC21 unless your I-140 is approved. The basic principle of AC21 is "If your I-140 is APPROVED AND your I-485 application has been pending for more than 180 days" you can switch jobs and not lose anything.
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humdesi
12-29 01:55 PM
As I explained here
http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26
AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.
My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.
http://immigrationvoice.org/forum/showpost.php?p=210490&postcount=26
AC-21 is just an illusion of freedom - even if 180 days have passed, even if I-140 is approved.
My advice: DON"T CHANGE EMPLOYERS UNLESS YOU ABSOLUTELY MUST.
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anil_gc
09-26 08:04 AM
as per the certificate you completed the degree in June 2002 and you don't have five years from that date so it is tough now, filing for EB3 was a good option.
Talk to the lawyer and see they can correct it at this stage
Talk to the lawyer and see they can correct it at this stage
GCaspirations
09-20 09:52 PM
Have anybody of you whose cases have transferred from NSC to CSC and back received Finger Print Notice.
andy garcia
02-01 03:17 PM
OK, they'll raise the fees (I can live with that). But how do we improve the chances of better services?
USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:
Accept the fee increases providing:
1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.
If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)
Be careful with point 3 lawyers will not be happy.
You can add
6. Stop using Commodore 64 for processing applications. Move to something called Doors ... sorry Windows;)
USCIS is asking for comments....If IV would be so kind as to submit comments for the raising of the fees. I humbly throw these out for discussion:
Accept the fee increases providing:
1) That USCIS propose public standards of reducing processing times to 30 days+10 day security check.. Automatically produce an EAD if it takes longer. Hey. We're all still in the country whether the process succeeds or not right? We would just appeal, submit more info or beat it until it's done. Who's any safer?
2) That RFEs not be used to manage work levels. Plus they ought not to reset the 90 day clock to zero if they issue one. That is ridiculous and unheard of.
3) That they simplifiy applications (a la Canada) so that "lay persons" can (carefully) fill in the forms. Lawyers not required.
4) That the USCIS abide by the laws. Especially regarding FBI name checking. We have a duty to follow the law. I'm careful to do so. The government should be careful to do so as well.. Call me a radical.
5) That they publish proposals to stream line the process with modern business methods and concrete goals. The increases should be tied to fulfilling stated goals of improvements of service. Otherwise they roll back. Have a 3rd (independent) party decide if the goals have been met in three years.
If we tax payers are giving them extraordinary increases in fees, we should at least expect some meaningful process improvements. Simply claiming that they need-the-cash-for-process-improvements is not sufficient. What is to prevent them from using the money to give everyone big raises and bonuses and a nice fancy new office, and big fancy new computers if they're going to continue to use paper and use the computers to access rickety old systems with terminal emulators? I'd love to deal with happy USCIS employees, but I'd love it even more if I had to deal efficient USCIS employees. (Give them the tools and they'll be happier!)
Be careful with point 3 lawyers will not be happy.
You can add
6. Stop using Commodore 64 for processing applications. Move to something called Doors ... sorry Windows;)
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