krishmunn
04-17 09:23 PM
Any degree gotten while on job is not considered by USCIS, especially if the employer pays for it. The logic behind this is that if they hire an american in an EB3 kind of job and then he gets a degree while working, he should be able to fillin the eb2 position. And if you work for a small desi company, things will get further difficult as they have to fill the eb3 position otherwise the initial eb3 application itself is conisdered fraud. The only case that online degree can help is if the employee changes job.Hope this gets through your skull.
1) There is no law that a degree gotten while on job or paid by employer will not be considered. I challenge you to cite a law . What law says is "experience" gained with the employer is not counted. Hope I need not explain you that Experience and Education are two different thing though both start with E :)
2) It is never easy to move from EB3 to EB2 with the same employer. It needs a significantly different role. But that is a tad different than "All online degrees are useless " argument .
3) OP did not mention about changing or not changing job.
4) Your swinging between "online degree are useless" and "degree gotten while on job is not considered by USCIS" just shows that you are clueless on what you are blabbering .
You need to come out of your GC depression/frustration before you speak.
1) There is no law that a degree gotten while on job or paid by employer will not be considered. I challenge you to cite a law . What law says is "experience" gained with the employer is not counted. Hope I need not explain you that Experience and Education are two different thing though both start with E :)
2) It is never easy to move from EB3 to EB2 with the same employer. It needs a significantly different role. But that is a tad different than "All online degrees are useless " argument .
3) OP did not mention about changing or not changing job.
4) Your swinging between "online degree are useless" and "degree gotten while on job is not considered by USCIS" just shows that you are clueless on what you are blabbering .
You need to come out of your GC depression/frustration before you speak.
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guesswho
03-02 11:11 PM
Is it at NSC?
Anyone who applied at NSC in late Jan period got approvals for AP and EAD yet?
It's more than 65 days now and am still waiting for the AP.
Anyone who applied at NSC in late Jan period got approvals for AP and EAD yet?
It's more than 65 days now and am still waiting for the AP.
delhirocks
12-31 03:27 PM
I would add "No Visa wastage" for the last fiscal year, to the list of achievements as well. What IV has done is put a lot of scrutiny on USCIS. My guess is they would make sure they use all the visa numbers from now on.
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another one
11-19 03:18 PM
I think the cartoon is good attempt. My suggestion would be revise it little so that our message is more clear.
1. Have two pipelines coming out. One with an outlet in US, and the other with outlets in other parts of the world.
2. Have someone, representing US congress, inadvertently put their feet on the pipeline that has it's outlet in US. Make this pipeline appear clogged because of the weight of the feet.
1. Have two pipelines coming out. One with an outlet in US, and the other with outlets in other parts of the world.
2. Have someone, representing US congress, inadvertently put their feet on the pipeline that has it's outlet in US. Make this pipeline appear clogged because of the weight of the feet.
more...
sheela
08-25 11:38 AM
Sometime I feel Newark office are not helpful a lot. What was yourexperience at Mt Laurel? I might go down there.
I have infopass on 8/28 at indy and will post any info here. It now concerns as approvals have dried out leaving PD05 and before high n dry.
I have infopass on 8/28 at indy and will post any info here. It now concerns as approvals have dried out leaving PD05 and before high n dry.
bmoni
11-13 01:16 PM
Amen ...:)
more...
purgan
05-04 10:59 PM
The restrictinists want to reduce, short of eliminating immigration and deporting existing immigrants, immigration. There is no way they want to support any immigration. So why is their darling senator sessions promoting a merit based system, and has pal Loo Dobbs, cheering him on when clearly they're against H1B and employment-based immigation, which is already the main channel of merit/skilled workers?
Its all a strategy to slow down CIR and make it so complicated in the short window of time that is there, so the effort collapses under its own weight. Even if somehow Sen Sessions' recommendations on a merit system are implemented, he is still voting against CIR.
I don't know why the serious Senators are negotiating with this man when they all know he is definately going to vote against CIR. What do you think??
==
Loo Dobbs, May 4
Both sides in Congress tonight are continuing negotiations over so-called immigration reform legislation. Legislation that would, in effect, give amnesty to millions of illegal aliens in the country. And some lawmakers are trying a different approach for those trying to enter the country legally.
As Lisa Sylvester now reports, one proposal would create a merit system -- imagine that -- a merit system for immigrants to earn U.S. citizenship.
(BEGIN VIDEOTAPE)
SYLVESTER (voice over): The United States hands out more than a million green cards every year. The majority, 58 percent, are granted based on family ties. But some lawmakers say skills and merit should be the deciding factors.
Senator Jeff Sessions gives an example of two men from Honduras.
SEN. JEFF SESSIONS (R), JUDICIARY COMMITTEE: One is a valedictorian who took English in high school, took advantage of radio or television to learn English and speak it well. Maybe has a year or so of technical school.
That individual would have no chance of coming, and would have -- be competitively at a total disadvantage to a high school dropout who happened to be the brother of someone who is a citizen of the United States.
SYLVESTER: Senator Sessions has proposed a merit-based program as a fix to the nation's broken immigration system. Applicants would be given points based on criteria, including education, English proficiency, and work history.
Canada, Australia, and the U.K. all have adopted point systems. British applicants are scored on a 100-point scale. There they have to earn at least 75 points, pass an English fluency test, and agree not to rely on public assistance.
The system is structured so that jobs are not taken away from citizens and immigrants are not a financial drain. Some economists say that's not the case in the United States.
ROBERT RECTOR, HERITAGE FOUNDATION: Over the last 20 years or so, the United States has imported about 11 million people without a high school degree through both the legal and illegal immigration channels.
SYLVESTER: But critics worry under-emphasizing family ties will hurt the poor.
REP. SHEILA JACKSON LEE (D), JUDICIARY COMMITTEE: To me, it demeans individuals who are coming as laborers, who have come in years past, who have been -- rose up the -- if you will, both the intellectual and economic ladder.
SYLVESTER: Under the Sessions proposal, spouses and dependent children would be allowed in as well, but extended family would not be given an automatic path, putting an end to the current practice known as chain migration.
(END VIDEOTAPE)
SYLVESTER: The points idea is gaining momentum on Capitol Hill. Senator Chuck Hagel has introduced legislation that would apply to the 12 million-plus illegal aliens in the United States. Instead of letting them all stay, they would be ranked by points to decide who receives a green card and eventually citizenship -- Lou.
DOBBS: Perhaps this is the beginning of rationality beginning to settle in as a possibility with the elected officials in Washington in both the Senate and the House, but it is only that, a beginning.
It is fascinating to go look at what -- and as we have been reporting here for some time -- the immigration policies of nations around the world and compare them to the United States, and to hear Sheila Jackson Lee, the congresswoman, suggest that this is anti- poverty. When you look at the number of immigrants that we bring in to this country lawfully, it's absurd.
SYLVESTER: It is true, and we have reported on this, that the United States has the most generous immigration system in the world. You stack it up against the U.K. and Australia, they have English fluency exams. They want people to make sure they're not on public assistance.
They have very strict requirements. And in the United States it looks like we just sort of opened the door. DOBBS: And everyone who is honest on this issue knows that if we strip away public assistance from this -- from illegal immigration into this country from those who are emigrating here illegally, you're going to see a marked, marked downturn in that illegal immigration and very, very quickly.
It's complicated, but it's at least nice to see the beginnings, at least, the glimmer of rationality in that fair city of yours, Lisa, Washington, D.C.
Its all a strategy to slow down CIR and make it so complicated in the short window of time that is there, so the effort collapses under its own weight. Even if somehow Sen Sessions' recommendations on a merit system are implemented, he is still voting against CIR.
I don't know why the serious Senators are negotiating with this man when they all know he is definately going to vote against CIR. What do you think??
==
Loo Dobbs, May 4
Both sides in Congress tonight are continuing negotiations over so-called immigration reform legislation. Legislation that would, in effect, give amnesty to millions of illegal aliens in the country. And some lawmakers are trying a different approach for those trying to enter the country legally.
As Lisa Sylvester now reports, one proposal would create a merit system -- imagine that -- a merit system for immigrants to earn U.S. citizenship.
(BEGIN VIDEOTAPE)
SYLVESTER (voice over): The United States hands out more than a million green cards every year. The majority, 58 percent, are granted based on family ties. But some lawmakers say skills and merit should be the deciding factors.
Senator Jeff Sessions gives an example of two men from Honduras.
SEN. JEFF SESSIONS (R), JUDICIARY COMMITTEE: One is a valedictorian who took English in high school, took advantage of radio or television to learn English and speak it well. Maybe has a year or so of technical school.
That individual would have no chance of coming, and would have -- be competitively at a total disadvantage to a high school dropout who happened to be the brother of someone who is a citizen of the United States.
SYLVESTER: Senator Sessions has proposed a merit-based program as a fix to the nation's broken immigration system. Applicants would be given points based on criteria, including education, English proficiency, and work history.
Canada, Australia, and the U.K. all have adopted point systems. British applicants are scored on a 100-point scale. There they have to earn at least 75 points, pass an English fluency test, and agree not to rely on public assistance.
The system is structured so that jobs are not taken away from citizens and immigrants are not a financial drain. Some economists say that's not the case in the United States.
ROBERT RECTOR, HERITAGE FOUNDATION: Over the last 20 years or so, the United States has imported about 11 million people without a high school degree through both the legal and illegal immigration channels.
SYLVESTER: But critics worry under-emphasizing family ties will hurt the poor.
REP. SHEILA JACKSON LEE (D), JUDICIARY COMMITTEE: To me, it demeans individuals who are coming as laborers, who have come in years past, who have been -- rose up the -- if you will, both the intellectual and economic ladder.
SYLVESTER: Under the Sessions proposal, spouses and dependent children would be allowed in as well, but extended family would not be given an automatic path, putting an end to the current practice known as chain migration.
(END VIDEOTAPE)
SYLVESTER: The points idea is gaining momentum on Capitol Hill. Senator Chuck Hagel has introduced legislation that would apply to the 12 million-plus illegal aliens in the United States. Instead of letting them all stay, they would be ranked by points to decide who receives a green card and eventually citizenship -- Lou.
DOBBS: Perhaps this is the beginning of rationality beginning to settle in as a possibility with the elected officials in Washington in both the Senate and the House, but it is only that, a beginning.
It is fascinating to go look at what -- and as we have been reporting here for some time -- the immigration policies of nations around the world and compare them to the United States, and to hear Sheila Jackson Lee, the congresswoman, suggest that this is anti- poverty. When you look at the number of immigrants that we bring in to this country lawfully, it's absurd.
SYLVESTER: It is true, and we have reported on this, that the United States has the most generous immigration system in the world. You stack it up against the U.K. and Australia, they have English fluency exams. They want people to make sure they're not on public assistance.
They have very strict requirements. And in the United States it looks like we just sort of opened the door. DOBBS: And everyone who is honest on this issue knows that if we strip away public assistance from this -- from illegal immigration into this country from those who are emigrating here illegally, you're going to see a marked, marked downturn in that illegal immigration and very, very quickly.
It's complicated, but it's at least nice to see the beginnings, at least, the glimmer of rationality in that fair city of yours, Lisa, Washington, D.C.
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addsf345
08-27 08:37 PM
this is even worse wait than our company's HR promise of increasing salary....;)
more...
sanju
02-16 11:58 PM
Tell the employer that you will file this form
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
USCIS/DOL is cracking down on H1B employers nowadays. They will be worried.
In my friend's case, his employer was withholding the last paycheck and when called wasn't picking up the phone. Then he sent this link and immediately they called back and promised to pay back the wages
That's a good idea!
.
http://www.dol.gov/esa/whd/forms/fts_wh4.htm
USCIS/DOL is cracking down on H1B employers nowadays. They will be worried.
In my friend's case, his employer was withholding the last paycheck and when called wasn't picking up the phone. Then he sent this link and immediately they called back and promised to pay back the wages
That's a good idea!
.
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champu
03-12 01:00 AM
All, attaching the labor & new position details
Labor designation: Computer systems analyst & Position offered: Sr. programmer Analyst.
Salary: 65000
New Position offered: Technical Analyst Sr.
New position Salary: 102000
Labor duties:
Design,Develop,modify, enhance components to complex s/w modules"
EVL: Responsibilities
"The responsibilitieos f this positiona ret o be responsiblefo r the installationu, pgrades upport,
technicacl onsultinga ndp roductd evelopment/evaluatiionn a particulart echnicadl iscipline,o r in
directs upporto f assignedb usinessa rea;p articipatein applicationd evelopmenpt,r ototyping,
modelinga ndh igh level technicacl onsultingp; erform" what-if' analysisto simulaten etwork
stresste sta nds urvivability;a ndp redicte ffectso fconfigurationc hangesi,d entify applications
bottlenecksa ndo pportunitiesto optimizep erformanceT. his positiont ypically requiresa
bachelor'sd egreein computers cienceso r relatedd isciplineo r an equivalenct ombinationo f
educationa nde xperiencefr om which comparablekn owledgea nds kills may be acquireda; nd
five yearso f technicael xperiencein the design,d evelopmente, stinga ndd eploymenot f a variety
of technologiesa; nds pecializedtr ainingo r certificationin appropriatete chnologie(se .g.i ntemet
andi ntranets ecurity,L AN andW AN technologieCs CNA/CCNP,J avaa ndO O, project
management).
EVL is in spanish:)
Labor designation: Computer systems analyst & Position offered: Sr. programmer Analyst.
Salary: 65000
New Position offered: Technical Analyst Sr.
New position Salary: 102000
Labor duties:
Design,Develop,modify, enhance components to complex s/w modules"
EVL: Responsibilities
"The responsibilitieos f this positiona ret o be responsiblefo r the installationu, pgrades upport,
technicacl onsultinga ndp roductd evelopment/evaluatiionn a particulart echnicadl iscipline,o r in
directs upporto f assignedb usinessa rea;p articipatein applicationd evelopmenpt,r ototyping,
modelinga ndh igh level technicacl onsultingp; erform" what-if' analysisto simulaten etwork
stresste sta nds urvivability;a ndp redicte ffectso fconfigurationc hangesi,d entify applications
bottlenecksa ndo pportunitiesto optimizep erformanceT. his positiont ypically requiresa
bachelor'sd egreein computers cienceso r relatedd isciplineo r an equivalenct ombinationo f
educationa nde xperiencefr om which comparablekn owledgea nds kills may be acquireda; nd
five yearso f technicael xperiencein the design,d evelopmente, stinga ndd eploymenot f a variety
of technologiesa; nds pecializedtr ainingo r certificationin appropriatete chnologie(se .g.i ntemet
andi ntranets ecurity,L AN andW AN technologieCs CNA/CCNP,J avaa ndO O, project
management).
EVL is in spanish:)
more...
perm2gc
08-24 01:15 PM
Assuming i tell the USCIS about company not proving employement an dor pay starting OCT 1 2006 and the USCIS rejects the H1-B transfer application.
What will happen to my original H1-B with company A?
You will have H1B from company A until they cancel it.
Will company A come to know about the H1-B transfer application?
Will USCIS contact company A and verify what i have complained about?
No they cannot ..USCIS never request from previous employer directly.If you complain, USCIS will audit the company A and they will not reveal personal inforamtion of your unless you authorize them to do so..
What will happen to my original H1-B with company A?
You will have H1B from company A until they cancel it.
Will company A come to know about the H1-B transfer application?
Will USCIS contact company A and verify what i have complained about?
No they cannot ..USCIS never request from previous employer directly.If you complain, USCIS will audit the company A and they will not reveal personal inforamtion of your unless you authorize them to do so..
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desi3933
06-18 01:54 PM
my lawyer said that the same person cannot have 2 pending application for 485...
When u apply 485 a ALIEN # is assigned to u whether u r dependent or Primary applicant....and u cannot have 2 alien #'s
This is my opinion based on my understanding. This is not a legal advice.
One may have alien# prior to filing of I-485 application and having (or not having) alien# has nothing to do with I-485.
One can file only one I-485 application. However, some argue that one can file for I-485 and CP based on 2 different basis.
The important thing is that underlying basis for I-485 can be changed without re-filing of I-485. I don't understand the confusion. This is simple and not a complex issue.
Please spend some time in researching.
----------------------------------
Permanent Resident since May 2002
When u apply 485 a ALIEN # is assigned to u whether u r dependent or Primary applicant....and u cannot have 2 alien #'s
This is my opinion based on my understanding. This is not a legal advice.
One may have alien# prior to filing of I-485 application and having (or not having) alien# has nothing to do with I-485.
One can file only one I-485 application. However, some argue that one can file for I-485 and CP based on 2 different basis.
The important thing is that underlying basis for I-485 can be changed without re-filing of I-485. I don't understand the confusion. This is simple and not a complex issue.
Please spend some time in researching.
----------------------------------
Permanent Resident since May 2002
more...
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ingenix
10-10 03:55 PM
I understand that your wife's I485 got rejected - Did they return her EAD and AP also ?
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nayekal
01-28 02:54 PM
My understanding has been that for a H1B transfer you need to provide last few paystubs that are close enough to the date of the transfer.
Can you please share with the group when you get feedback on this - Thanks!
You need pay stubs to transfer from H1 to any other status, but in case if you are transferring from any other status to H1, then you don't need them.
But, in a scenario like you are transferring from H4 to H1, then you need pay stubs of your spouse, since you are applying from dependent Visa to H1.
Similarly, if you are transferring again to H1 from F1, you don't need pay stubs.
Please let me know if it doesn't make sense.
Can you please share with the group when you get feedback on this - Thanks!
You need pay stubs to transfer from H1 to any other status, but in case if you are transferring from any other status to H1, then you don't need them.
But, in a scenario like you are transferring from H4 to H1, then you need pay stubs of your spouse, since you are applying from dependent Visa to H1.
Similarly, if you are transferring again to H1 from F1, you don't need pay stubs.
Please let me know if it doesn't make sense.
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GCOP
10-02 03:27 PM
I just called speaker's office again on phone# 202-225-4965 , and requested a lady on the phone, to pass on a message to Speaker to consider HR 5882 for voting in 110 th congress.
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thomachan72
08-14 11:39 AM
Yes we do have proof that checks went to attorney for cost of LC. Infact we do have a bill from Attorney too.
We do not have any where in writing that my wife would pay for LC.
If the employer / atorney has accepted a checque from your wife (no more proof is needed) then they are screwed. Now regarding the fact that your wife left the comp immediately following 140 application only indicates that 140 need be cancelled since it can no longer be transfered. We are free to move companies legally. Filing 140 does not bind you to stay with the company except that your GC process will be cancelled. However, making teh employee pay for the expense is similar to accepting bribe and granting a favor. They will be banned for a certain period if the uscis finds this out.
But anyway why did your wife not apply with the new company? Either way you should have known that shifting jobs before 140 approval and 485 filing will cancel the whole process. Most of us are worried of shifting jobs even after getting an EAD / 180 days post 485. Best of luck.
We do not have any where in writing that my wife would pay for LC.
If the employer / atorney has accepted a checque from your wife (no more proof is needed) then they are screwed. Now regarding the fact that your wife left the comp immediately following 140 application only indicates that 140 need be cancelled since it can no longer be transfered. We are free to move companies legally. Filing 140 does not bind you to stay with the company except that your GC process will be cancelled. However, making teh employee pay for the expense is similar to accepting bribe and granting a favor. They will be banned for a certain period if the uscis finds this out.
But anyway why did your wife not apply with the new company? Either way you should have known that shifting jobs before 140 approval and 485 filing will cancel the whole process. Most of us are worried of shifting jobs even after getting an EAD / 180 days post 485. Best of luck.
more...
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trump_gc
02-23 08:30 AM
The fact is that once u have a h1b and even if u take a break, like move to h4, and if u apply for a fresh h1b again, u r not subjected to the cap. u can get the h1b with no problem. how do i know it? Well, i did it for my wife, with no issues,,,,
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gcnirvana
02-18 04:27 AM
Yes, you can call the Customer Service # and tell them that your application is beyond the processing date. They'll create a SR for you. But I would also take an Infopass and talk to the IO in person. Hope this helps!
Thank you gcnirvana?
Can I call the customer service number and ask for 'SR' or do I have to take infopass for it?
Thank you gcnirvana?
Can I call the customer service number and ask for 'SR' or do I have to take infopass for it?
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Rockford
07-16 12:37 PM
Hi,
The one who got approval from 2005 must be an EB1? Otherwise it is totally unfair to other persons waiting in queue for so long time. Can you please give the details as when did that person filed 485. Is it early July or before that?
It is EB2. See this :
http://immigrationvoice.org/forum/showthread.php?t=10178
The one who got approval from 2005 must be an EB1? Otherwise it is totally unfair to other persons waiting in queue for so long time. Can you please give the details as when did that person filed 485. Is it early July or before that?
It is EB2. See this :
http://immigrationvoice.org/forum/showthread.php?t=10178
yabadaba
06-27 03:00 PM
based on this info, it goes into effect only on July 30th, 2007
USCIS link (http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf)
At the botom of the pdf there is this
" USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."
Does this mean that they will accept direct filing now?
Any comments????
FOR THE Nth TIME...YES!!!!!!
USCIS link (http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf)
At the botom of the pdf there is this
" USCIS will accept Forms I-129F, I-131, I-140, I-360, I-485, I-765 and I-907 filed with the new “Direct Filing” location in advance of the July 30, 2007 effective date, that are otherwise properly filed."
Does this mean that they will accept direct filing now?
Any comments????
FOR THE Nth TIME...YES!!!!!!
champu
02-23 02:11 PM
My company has goofed up a little in my GC filing. My 6yrs of H1 will get over on 01-05-2010 (I've counted here H1 end date + days outside USA in past), so they were supposed to file my GC PERM 365 days, before that i.e. they
should have filed my GC PERM by 01-05 but they missed it by few
days and filed it on 01-09-2009.
Obviously, I've to file H1 extension later this year and for that
according to the rule, that I should have filed my GC PERM 365 days
before H1 end will not satisfy...so I'll be in soup....am I correct in
understanding this rule of 365 days? or is there a change in this rule
or some caveat which I don't know that will help me still filing my H1
extension?
Or can I go to India now for couple of weeks and that will solve my
problem?
Please let me know, what are the available options for me
Thanks
Typically 2 weeks are counted as vacation for H1b/GC purposes, therefore 365 days rule is not affected by this. Stay out of country for 2 months. You may wanna talk to yr attorney for exact rule.
should have filed my GC PERM by 01-05 but they missed it by few
days and filed it on 01-09-2009.
Obviously, I've to file H1 extension later this year and for that
according to the rule, that I should have filed my GC PERM 365 days
before H1 end will not satisfy...so I'll be in soup....am I correct in
understanding this rule of 365 days? or is there a change in this rule
or some caveat which I don't know that will help me still filing my H1
extension?
Or can I go to India now for couple of weeks and that will solve my
problem?
Please let me know, what are the available options for me
Thanks
Typically 2 weeks are counted as vacation for H1b/GC purposes, therefore 365 days rule is not affected by this. Stay out of country for 2 months. You may wanna talk to yr attorney for exact rule.
