geesee_99
12-14 11:07 AM
Friends,
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
I need urgent expert/experianced advise for my 140RFE. You will find all the details of case here. Questions are all the way down. >>
(LCA)From 9089:
Education: Minimum Level Required - Bachelors
Experience required for offered job - 60 months
Is alternate combination of education and experience is acceptable � NO
From my Education evaluation:
12 (High Secondary) +3 (Engineering Diploma in Electronics and Communication) = Associate Degree in USA.
12+3+6yrs of Work experience = BS in USA.
RFE Details:
The analysis of credential, from the educational evaluation submitted by you, clearly states that�s 3 years document is equivalent to an associate degree in electronics &/or communication engineering from an accredited college in united states.
Submit evidence that the alien obtained the required bachelors of computer science before September 14 2005. Evidence of education must be in the form of an official record showing the dates of attendance, area of concentration of study, and the date of degree award, if any.
If another advisory evaluation of the alien�s credentials is also submitted, please ensure it is an acceptable evaluation.COLOR]
[COLOR="Black"]MY QUESTIONS ARE:
- Per my LCA; combination of education and experience is not acceptable. Does that mean my evaluation is of no use? And is this LCA good for me?
- If evaluation is using 6yrs of experience to make up for 2yrs of education; CAN I, still (also) show the same 6yrs of experience as job experience?
- I have another approved RIR (Approved Aug07). In worst case, can I use that RIR to file for new 140 to save my 485? Is there any time limit on RIR case too? Like using it under number of weeks/months?
I appreciate your time.
Thanks Much,
Regards
masterfender
04-26 09:27 PM
Hi guys,
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
Some of may think "Wait for the actual letter to come" but I feel too nervous and just want to share my thoughts. I applied for EB5 and my I526 was approved. Then I applied adjustment of status and got an I485 RFE. Have not got the letter yet but got the email that my case is on hold right now. Can you tell me about the RFE? Is that common? Is that the first step of denial? I'm so nervous right now. I will write what they are asking when I got the letter which I'm expecting on Tuesday or Wednesday. Thank you very much.
gcisadawg
04-16 04:27 PM
Are there civil surgeons approved by USCIS in India who can do the TB test for her?
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
There are so many green card cases which are counselor processing. How do they get their medical? So this is something you could explore the possibilites of medical test in India.
bbct & vin13,
Thanks for all your feedback.
I explored civil surgeon in India option. Didnt work out. Panel physicians in India do medicals for FB AOS. Civil surgeons in US do medicals for EB AOS.
It can not be interchanged since the forms and procedures are different.
Everyone I asked say gambling against USCIS is like playing with fire. I don't want to jeopardize my wife's pending I-485.
We should have done her TB test before trip. That is a mistake I did and now paying a price. Another Lesson learned!
-GCisaDawg
nomi
04-20 09:33 AM
Does any one have any input or suggestion?
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
more...
malibuguy007
10-02 02:55 PM
Thanks for the support Chintu
Almond
07-17 07:34 PM
Does it really matter if the same questions get asked over and over? That's why this place is here, to help us, right? If you don't have the patience to reply to someone don't and someone else will help that individual. What's annoying is when people post the same darn links and quotes from other websites over and over sometimes back to back without bothering to read through a thread. Otherwise, asking questions for clarification is not an issue since this is the PURPOSE of this forum. And yes, you can search the forums, but if your question has been answered months ago I wouldn't rely on that, I'd rather find out a more current answer. This whole place is so sensitive, it's amazing.
more...
coopheal
11-05 01:43 PM
Contribute Contribute Contribute
gc28262
07-15 09:41 PM
Thank you GC28262,
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
I also presume that there is no need to file I-539 either. However, what would be the right approach here..
File for H4, while she continues to work on EAD. The benefit with this approach is that she would have a new I-94
OR
File for AP - but then she won't have a new I-94 till such time that she reenters US.
Please advice.
I am not a legal expert.
For one thing, nobody can have H4 and EAD together. When someone uses EAD, his/her H1/H4 is invalid. You need not worry about this. Myself and thousands of IV members are in the same situation. Once you are on AOS you need not worry about I-94.
The only way an AOS person can have an unexpired I-94 is when he/she maintains his/her H1B status also. A pure AOS person cannot have an unexpired I-94 all the time. So no need to be tense over this.
BTW my I-94 expired more than a year ago when I switched over to EAD.
more...
gcisadawg
01-09 11:44 AM
marty,
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
That's a good idea. I've already initiated the contact with the congressman for our area. Would keep the forum updated about how it goes.
Thanks,
Seyed
ganguteli
02-27 01:42 PM
IMO, you should spend the money yourself instead of depending on the company for GC expenses...
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
Why are you worried about the money? Go hire a lawyer and get your GC process started, asking your manager/HR just for the paperwork support. That way it is easier for you and easier for them too...IMO, Asking the company to bear the expenses for GC is too much, especially in this economy.
As far as H1 is concerned, I guess you need to be in constant touch with your manager and press the issue till she talks to the immigration people and move from there. Talk to your supervisor and ask his help to move the paperwork faster. May be he/she can in turn talk to the HR person to speed things up, without the baloney you are hearing from HR. Also, talk to the lawyer and offer your HR manager that the lawyer can speak to her directly about the issue to speed up things...
In the meantime, keep your options open and look for another job so that you can transfer your H1 and start fresh...Hopefully if this option works, don't make the mistake of waiting for HR to start your GC process...Just be proactive and do it on your own...
Why are you giving illegal advice on the forum.
GC and H1 is employer application and employer should pay for it. It is the law.
more...
rameshvaid
08-16 12:26 PM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..
RV
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My son was on B1 and then on H4. B1 was stamped in 2000 for 10 years. He was with me in US for 4 years and had 1 stamping of H4 in his passport after 2000. He moved to Canada in 2005 but still visits me on B1 which was issued to him before his H4 stamping and B1 was never cancelled. I am not sure about L1..
RV
kirupa
04-22 05:13 PM
I have added your treasure trove and "old school web design" stamps :) I think the text in some of the other stamps needs some work. More specifically, I'm seeing a lot of words. The good stamps I've seen use more visual imagery as opposed to text to convey information very quickly.
more...
Suva
07-18 03:26 PM
I don't think you are right for first question. AC21 can be invoked if you have applied 485 more than 180 days. Why EAD is related here. You can change the job after 180 days by transferring your H1 to new company. This is the information I have but it is better to verify it from a lawyer.
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
1. Can we use AC21 provision without EAD card ?for 485 AOS -- NO
2. My H1 expires in Jan 2008. Do I need to have EAD card before that ? - If you wish to have one, You can apply EAD to use AC21 after 6 months /renew your H1 and continue working
3. Can we apply for EAD later, after you have filed 485 and AP? yes If so do we need any reciept of 485 application Yes
lazycis
01-15 10:48 AM
Thanks a lot for your timely reply. I want to know does it matter how we exited US, I mean did anyone see your advance parole while leaving US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
Regards,
Ravi
It does not matter how you exited. You will need AP to re-enter and you will lose H1 status. I hope AP was approved before you left the US.
more...
maddipati1
12-11 02:06 PM
emmNemm,
read page 3&4 in the instructions for I-131 in the link below
http://www.uscis.gov/files/form/I-131instr.pdf
it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.
options,
> getting H4 VISA stamped
> apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)
better get a legal advice.
leo,
cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
read page 3&4 in the instructions for I-131 in the link below
http://www.uscis.gov/files/form/I-131instr.pdf
it clearly says ur AP app. is considered abandoned if u leave US before approval of AP.
options,
> getting H4 VISA stamped
> apply for a new AP ( not sure if its possible while u r outside, do some research, may be possible, read the instructions above thoroughly)
better get a legal advice.
leo,
cool down man, show some compassion to the bro. i agree its a novice question. but not every one is as knowledgeable as you. dont need to be harsh. seems like u know so much, his question looks silly, pl. give him a better advice.
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
uma001
12-19 09:59 AM
Hi,
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
My wife is waiting on her H-1B approval. She is on a H-4 currently. The company that sponsored her H-1B is an american fortune 500. This will be her first H-1B and she is in the USA for 11 months now. I have a few questions:
1. To apply for the SSN she would need the original I-797 and the I-94, correct?
2. After she applies at the SSN office, will she be able to see the number immediately (and wait for the card) ?
3. How long does it normally take them for issuing a SSN for a person like her? (H-4 to first time H-1B)?
Thanks in advance.
Sagittarian,
Did your wife work before in India? How did fortune500 apply for H1?Did they attach client letter during H1 application?
more...
posmd
03-19 10:13 PM
Can one of you guys tell me what is the policy of the OK secretary of state on Drivers licenses for the various legal immigration statuses eg H1b, EAD with approved 140, F1 etc.?
I'm considering a move there and would appreciate your feedback.
I'm considering a move there and would appreciate your feedback.
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vikki76
01-15 11:53 AM
Thanks for replying everyone.I will forward this information .
bheemi
07-05 03:30 PM
dont worry about it all.Because i did same thing exactly like you..And i got h1b ext twice after that and got h1b stamped twice and travelled out of the country 3 times after that..nobody questions about it all..
They only see whether you are out of status more than 180 days..it is legal also to work for 2 employers with 2 petetions..so dont worry about it at all...
They only see whether you are out of status more than 180 days..it is legal also to work for 2 employers with 2 petetions..so dont worry about it at all...
LostInGCProcess
01-02 10:29 AM
Hello All,
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No you don't have to renew EAD to maintain AOS. EAD is one of the benefits (or privilege) you get while your GC application (I-485) is pending. If the person is not going to work, there is no need to renew EAD. Also, same for AP. If you don't intend to travel, no need to renew AP each and every year.
Just curious and needed your opinion. My wife has a valid H4 status until 2010 (no visa but petition approved). She used her EAD card for all of 5 days about a year ago and then has not worked since then. I am confused if I need to apply for renewal of her EAD to maintain her legal status in the country considering having used EAD for 5 days might have triggered her out of H4 status. Any thoughts on this? Do i need to renew her EAD to maintain her legal status in the country even with a valid H4 petition until 2010? We also have 485 petition filed and pending over 180 days. I am wondering if it is required for a person with 485 pending for over 180 days to always maintain a valid EAD card even though they are not employeed. Thank you all in advance.
No you don't have to renew EAD to maintain AOS. EAD is one of the benefits (or privilege) you get while your GC application (I-485) is pending. If the person is not going to work, there is no need to renew EAD. Also, same for AP. If you don't intend to travel, no need to renew AP each and every year.
a_yaja
01-08 09:25 PM
free "EAD and AP" for life what are you talking about??
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
People who filed I-485 after the July fiasco (starting with the August 2007 bulletin) paid a higher initial fee ($1010) - but they don't have to pay any EAD & AP fee - either the first time or for any renewals.
Look at the "Special instructions" sections of the following URL:
http://www.uscis.gov/i-485
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