Jimi_Hendrix
12-12 03:23 PM
Please remember that even if BEC clears the application with 2001 priority dates. These people still need to:
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
1) Apply for I140
2) Have I-140 Approved
3) Apply for I-485 only if their priority date is current
4) Complete various I-485 tasks like fingerprinting, BACKGROUND CHECKS (this is a huge one and unless you are lucky you can get stranded for anywhere between 6 months to 3 years)
5) Now after completing 1 - 4 above you can expect that they will apply a visa number to the application
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rajuram
01-05 12:17 AM
bump
sunny1000
11-12 04:35 PM
This is their projection for coming months:
---------------------------------------------------
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
---------------------------------------------------
Employment-based: At this time it is unlikely that there will be any cut-off dates in the Employment First preference during the coming months. It also appears unlikely that it will be necessary to establish a cut-off date other than those already in effect for the Second preference category. Cut-off dates continue to apply to the China and India Second preference categories due to heavy demand.
Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
Employment Second:
China: none to two weeks
India: no movement
Employment Third:
Worldwide: three to six weeks
China: one to three weeks
India: none to two weeks
Mexico: although continued forward movement is expected, no specific projections are possible at this time.
Philippines: three to six weeks
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alias
08-22 01:49 PM
[url]http://www.computerworld.com/action/article.do?
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
I like this one, Congress should listen to Ron Hira if they want to get it right!
Hira said that one "significant problem" with the Lofgren bills "has to do with using exemptions as a way around tackling the decision of how many [to grant]," and he added the plan to "recapture" was a gimmick to get around the quota issue. Among the questions Congress should look at, says Hira, is the impact of the changes; he indicated, for instance, that the legislation may change incentives, prompting foreign nationals to seek degrees from any U.S. school they can because it will be seen as a path to permanent residency.
I like this one, Congress should listen to Ron Hira if they want to get it right!
more...
harsh
01-02 11:17 AM
Hi Group,
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
Am on H4 since Sep 06. I want to apply for a H1 this year. Can any one of u tell me the procedure? How long will it take for me to get a H1 and start working?
Thanks in advance.
It will be the same process as for every other H1B. It will take anywhere from 3 months to 6 months for regular processing. You have the option of opting for premium processing in which case it will take about 15 days. If you are going to be counted against the cap then you can not start working earlier than October 2007 as thats when the new cap period will start.
GCaspirations
09-20 09:52 PM
Have anybody of you whose cases have transferred from NSC to CSC and back received Finger Print Notice.
more...
subba
07-07 02:47 PM
Honorable congressman,
I am writing to you (in your capacity as a judiciary committee member) to bring a recent action by the department of state that wrecked the hopes of many tax paying, employment based legal immigrants.
The New York Times carried an excellent editorial regarding the State department's actions:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
As a legal tax paying resident of Masachusetts since 10 long years, I have been eagerly waiting my turn in the line for a green card, putting lot of very important life decisions on hold. This latest bait and switch has made me totally disillusioned with the immigration system and I have started looking for opportunities to apply my skills in my home country instead.
For the sake of fellow legal immigrants who have been impacted though, I am hoping you can look into this matter and try to influence the department of state to correct its action. Rep.Lofgren has already issued a statement in this regard. http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thank you for your time.
Regards,
xxxxxxx
Here is the link to the NY Times Editorial:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
I am writing to you (in your capacity as a judiciary committee member) to bring a recent action by the department of state that wrecked the hopes of many tax paying, employment based legal immigrants.
The New York Times carried an excellent editorial regarding the State department's actions:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
As a legal tax paying resident of Masachusetts since 10 long years, I have been eagerly waiting my turn in the line for a green card, putting lot of very important life decisions on hold. This latest bait and switch has made me totally disillusioned with the immigration system and I have started looking for opportunities to apply my skills in my home country instead.
For the sake of fellow legal immigrants who have been impacted though, I am hoping you can look into this matter and try to influence the department of state to correct its action. Rep.Lofgren has already issued a statement in this regard. http://lofgren.house.gov/PRArticle.aspx?NewsID=1808
Thank you for your time.
Regards,
xxxxxxx
Here is the link to the NY Times Editorial:
http://www.nytimes.com/2007/07/07/opinion/07sat1.html
It is one of the most well written editorials from a renowned source. (You might have to register to see it). Everyone should try to send emails via the above link to their own Senators and Congressman, along with various Congressmen on the House Judicial Committee (Subcommittee on Immigration). http://judiciary.house.gov/committeestructure.aspx?committee=4 .
The House.gov web site does not accept email from anyone outside their respective constituency. The Chairperson is from San Jose CA while the other members are from CA, VA, MA, TX, IL, etc. If you are from one of these places, you need to emphasize the importance to them and also mention that we are the next wealthy voting block of the future elections and we will remember them. Now only a Congressional oversight can save us from the USCIS created crisis.
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RollingStone12
05-11 12:49 PM
I sincere hope Dream act pass. Illegal kids suffer more. Our suffer less. Parents made mistake. Why they pay?
Shouldn't they ask this question to their parents ? Why should US pay for their mistake ?
Shouldn't they ask this question to their parents ? Why should US pay for their mistake ?
more...
suttu
12-06 12:25 AM
Dear friends, why do you seek to start bashing your country at the first opportunity you get. THere are people in the Indian Govt who are negotiating on your behalf to make sur you get your money back.
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
THen on the question of paying bribes to get money out of PPF - something is better than nothing. Why complain. If it is so bad, go back and fight to fix the system, otherwise stop maoning. India is the only country that will welcome you if you are kicked out of here. I remember i used to pay 50 INR per ticket for a railway seat, now i go online and book a ticket. Things change they take time and patience.
Only those people who have NEVER bribed anyone to get stuff done illegally, or out of turn should speak. And i know there is no one, since you are in US and came on a passport and we all know how passports are obtained.
You left india, want to stay away, so leave it alone. When you are kicked out of everywhere, the doors will still be open, just keep some cash for the gatekeeper.
Lets discuss whether this swap will be possible or not, or what the loopholes are.
thanks
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asindu
07-14 12:27 PM
The dream act is an awesome legislation, my dad was one who sent his application for I-485 and it was received on the 2nd of july. However, due to the July visa fiasco he is stuck like the rest of you guys. My point is rather that I aged out in June 2007 and could not be added with my family, for the month of July. I would receive benefits because this would put me out of status as well...also children of illegals are still children. They are not illegal because they did not choose the right to come here but came without any knowledge. So Please everyone take your time to call your respective senators and email them. You can find the names and numbers of your respective senators on the link below...
http://capwiz.com/aila2/callalert/index.tt?alertid=10001091
http://capwiz.com/aila2/callalert/index.tt?alertid=10001091
more...
naveenkprasadam
04-13 12:35 PM
I got this crazy ideas earlier this week something like hiring a billboard space or some advertisement space in a popular newspaper.But this one is pretty sophisticated.
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jai_immigration
09-19 08:07 PM
Anna35,
So you only want results without any effort from you, you have not answered how you have helped us, did you attend the rally, or sponsor money. I took the opportunity and travelled and participate in the rally for a common cause. Look at your self and ask your self these questions, and see how you can change and help IV by contributing.
So you only want results without any effort from you, you have not answered how you have helped us, did you attend the rally, or sponsor money. I took the opportunity and travelled and participate in the rally for a common cause. Look at your self and ask your self these questions, and see how you can change and help IV by contributing.
more...
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pady
08-20 09:07 PM
I agree that labor belongs to the company, but I paid all the fee for the same. They can always use that, but they are not supposed to screw up me In this case, they didn't talk to me and told me that my 485 was applied, which turned out to be a lie.
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chanduv23
03-11 05:25 PM
You're right, the point I was making is the real intention of these Senators...When you want to scr.ew somebody you ask questions that are hard and mostly unanswerable....Take this example, Look at the requirement that Hyderabad Consulate has put up for H1B Visa Stamping, it sounds like they are saying don't you dare!!!
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
Such an escalated tone has been established due to various reasons, based on the fact that there is documented evidence of some abuse. It is not to scare every h1b visa holder.
See - people are writing so many posts their their friend is having trouble in h1b , friends friend is having trouble in POE etc... but none of them are original posts. Just look around yourself and your friends - check to see if anyone really got screwed (genuine folks) - there may be some people who got additional grilling and that's it.
People are still traveling everyday and getting stamping and no issues at POE.
Like I said earlier "unless you set the ass on fire those who abuse will not straighten themselves" - greed overtakes any good forward thought.
Senators are not your own country senators and we cannot influence their thoughts or feel bad about what they think about h1b visa. All we do is make a case for ourselves that we are genuine and really interested in following the system.
AFAIK every h1b and GC case has been dealt with on a case to case basis and people who have really followed rules did not have much issues - we continue to follow the system because we believe in it.
more...
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InTheMoment
08-15 04:04 PM
In the letter from the new employer include the following (start date, title, job description, salary and position type):
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
This letter is to verify that Mr. Cool Dude (SSN: ) has been employed by our company as a full-time employee. He has been working with us since Oct 32, 1666 as a Full Time Gamer.
Mr. Dude's primary job duties include:
Put Bulletized description here
Mr. Dude is compensated with an annual salary of $xxx,xxx. The postion is for permanent at will employment and we have continued interest in employing Mr. Dude.
I trust that this letter would assist Mr. and Mrs. Dude in adjusting their status to a permanent resident as soon as possible. If you have any questions, please do not hesitate to contact me.
Sincerely,
Joe Employer
As far as docs are concerned add the following with the EVL:
Your covering letter
AC21 Yates Memo
3 latest paystubs
I-485 receipt
that would be it ;)
IntheMoment,
I am in similar situation, I have already changed my job after 180 days of filing my 485 (140 approved) and working with a small consulting company. Currently where I am working client willing to hire me as a fulltime employee with the same titile and giving me the supporting letter with the same job duties mentioned in my LC (I have added few more technologies it).
Even my attorney says the same, no need to inform CIS - when we get the RFE we will see.
Can you kindly let me know all the documents I need to gather and what I need to request from new employer in order to submit AC21 bunch to CIS.
Here are job discriptions with titles.
Old Employer.
Title: Computer Systems Analyst.
Analyze systems requirements, procedures & problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Script, design, modify, code, debug, test & document applications systems & solutions. Deploy & maintain developed technology. Engaged in disaster recovery. Use Windows, Unix, Linux, LAN/WAN, SQL. VB & Perl Scripting, IBM RS 6000 & E-servers, Dell/EMS SAN Storage.
With New Emaployer
Title: Systems Analyst
Analyze systems requirements, procedures and problems to automate process. Write description of user needs, program functions & steps to develop and modify systems. Debug, Script, Modify, Design, Test and document applications systems & solutions. Design and deploy the backup solutions. Deploy and maintain developed technology. Engaged in disaster recovery procedures. Used technologies Windows, Unix, Linux, LAN/WAN, MS SQL, MySql, VB & Shell Scripting, Dell PowerEdge Servers, Dell/EMC/NetA pp SAN Storages, Dell PowerVault Tape Libraries.
Note: I will be getting a offer letter from new employer, what all I need to mention in the offer, please help me.
Appreciate you prompt reply. I have meeting with my manager with new employer (client).
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paskal
09-01 10:46 AM
nixstor this is just standard senthil talk.
pouring water over efforts is what he does.
senthil, i will not have a gc for years. neither will many others.
and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...
pouring water over efforts is what he does.
senthil, i will not have a gc for years. neither will many others.
and if you believe the rally is to build muscle for iv for coming congress sessions, so be it. it's still a worthwhile cause. join us in it. it's hard to actually make you join any concrete campaign- how about you show up for this one! believe me it will give weight to all your arguments if you walk the talk for a change...
more...
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anandrajesh
01-31 10:14 PM
H1Bs approvals gets the government Millions of Dollar every year and if they can use the money to improve DHS there is no need for this addl price increases.
Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.
See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.
Think abt this any given year 85000(65000 regular + 20000 Advanced Degrees) new H1Bs approved. Atleast 50000(if not more) more are either extended or transferred. USCIS charges $2185 per application.
See the final numbers 135 000 X 2000 (approx) = 270 million dollars per year. IF they use all this money on USCIS & DHS programs we would have had a better system. Obviously all this money is going somewhere and that explains all the difficulties and frustrations we face with this BROKEN Immigration.
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hunkuncontrolled
03-11 02:33 PM
Read this http://timesofindia.indiatimes.com/Business/New-H1-B-visa-norms-to-isolate-India/articleshow/4251475.cms
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santiwar
12-13 06:58 PM
Being an eternal optimist, I am still hanging in there with a hope that things will change after the next Presidential elections.
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
Hopefully all the buzz surrounding alterantive energy will result in some sizeable investment by the government in technology if we have a democrat as a President. But if the status quo continues, they will be spending their money in building meuseums in kansas refuting the theroy of evolution and 'Intelligent Design' and other such right-wing manusha!
My point is, it aint over till the fat lady sings, and thank god Lou Dobbs can't sing (I hope) :p
BharatPremi
03-24 12:42 PM
Dude,
Be specific and say that your PD is current, I was wondering when EB2 India become current.
Yes, You are right. I should have written "Since EB2-India current PD period is December 2003"
Be specific and say that your PD is current, I was wondering when EB2 India become current.
Yes, You are right. I should have written "Since EB2-India current PD period is December 2003"
quizzer
09-27 02:12 PM
I received an RFE from NSE on Sep 2nd week asking me to prove that I have 5 years of experience after completion of degree.
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?
Country: India
Date of Joining with current employer : Jan 2006.
PERM Filing/ Approval Date: Aug 2006.
I-485/ EAD filing Date: July 2007.
I-140 RFE received date: Sep 2007.
The RFE reads as follows.
---------------------------------------
"Please submit evidence which establishes that the beneficiary had at least five years of experience as a software engineer after receiving his bachelor's degree but prior to August XX, 2006. Since your evidence does not indicate that the beneficiary received his bachelor's degree until 2002, this does not appear possible.
If the beneficiary received a degree prior to 2002, please submit a copy of that degree. A certificate that he had completed a coursework for a degree is not a degree."
---------------------------------------
This is my history.
I did my 4-year Bachelor's of Technology in Mechanical Engineering in Dec 2000. My diploma (degree certificate) has two dates on it. December 2000 and June 2002. The December 2000 date is mentioned in Big letters as its the completion of my final semester exams. The June 2002 date was due to taking one of the supplementary exam of one subject of one of my previous semester .
I was hired by a software company in December 2000 and I have work experience ( as well as experience letter with 40 hours a week) as a software engineer from Dec 2000.
But now according to the RFE, INS is not ready to count that experience from Dec 2000. I finished my school in Dec 2000 and never had to go to the school except for one exam in 2001 and another one in June 2002. (In my university, examinations are conducted only once in 8 months). I checked my transcripts that were sent along with I-140 and it has the dates of 2001 and June 2002 due to the examination. Its present at the bottom along with Main date of Dec 2000.
I had placed the course completion certificate from my college along with the I-140 application and it looks like INS don't take that info consideration.
I am in deep trouble now. Your help is greatly appreciated. My attorney didn't find these issues before filing the labor certification on EB2.
The newspaper ad given before filing the labor certification asks for Bachelors degree and 5 years of experience.
Please help me by sharing your experience(s) as well as comments. I will really appreciate your time and effort.
My only concern is to save my labor certification so that I can keep my I-140. I read in some threads that INS gave an option to convert the case as EB3. I would have been very happy if I had received that option. I requested my attorney for EB3 conversion at this point of time. He said its not possible as conversion needs to qualify the beneficiary for both categories (EB2 as well as EB3). He added that the labor certification was done on EB2.
I have applied for my I-485/EAD in July 2007. The EAD is about to come but I have this biggest problem of I-140 RFE. If the I-140 is denied my wife's EAD will automatically get revoked which will stop her from working.
Some of my friends recommended to respond to the RFE, file an MTR if I-140 is denied and an appeal if MTR also doesn't work. They also suggested me to file a new PERM application as a backup. All this works as I don't have any plans to switch my employer till I receive my final green card. But my wife will be in trouble as she can't use the current EAD. An attorney friend of mine is saying that those actions (MTR/ Appeal) will only keep the labor and I-140 on hold/pending, but won't keep the EAD alive. Is there a way I can keep my EAD alive by those motions?
Is there any way I can get this RFE cleared and have my I-140 approved? Can I keep my EAD alive somehow
What was your I140 receipt date at NSC?