dvb123
04-05 09:45 AM
There is a memo which says that you can get 1 year H1 till u get the license.
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
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davoutplantaire
02-17 06:02 PM
Hello everybody,
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
nybear1
07-20 09:23 AM
I am in a similar situation and was rejected due to the same reasons.
Has the original poster received any update on their E-file yet?
Has the original poster received any update on their E-file yet?
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sona75
07-28 09:44 AM
I am on EAD. my priority date is Oct 2003 EB3.
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
I got new job that requires security clearance, so applied and got preliminary security clearance and started working as a contractor at Federal worksite.
Now i got letter from Department of homeland security saying i am not allowed to work at Federal worksite because my Adjustment of status is pending from Aug 2007, also saying Contact USCIS to get resolved or provide evidence i am in touch base with USCIS regards to this matter.
Since my priority date is not current, USCIS is not going to anything.
While applying this job i gave my EAD copy. They accepted Now i do know why i got this letter ?
IS there any one had same kind of situation?
Where or whom should I need communicate at USCIS? do they give any letter?
Thanks
more...
baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
nileshilpa
08-18 09:17 PM
Yes that is right. The biometrics is essentially only for I-485 and that is the only LUD that may get updated.
g8.. thx for replies.
g8.. thx for replies.
more...
arnet
10-24 12:46 PM
my friends travelled on AP for about 2 months and they entered without any problem and their employment based AOS is pending in NSC. nt sure abt your case, check about your situation with USCIS or with your attroney, may be your case is different.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
Disclaimer:
I'm NOT an immigration attroney, so please consult one for your situation, as laws/procedures are changing often.
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meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
more...
kondur_007
08-22 02:10 PM
First time a post made absolutely no sense to me!:eek:
That was indeed funny...:D:D made me laugh
Although pani_6 is correct in what he is saying.
Here is the link:
http://boards.immigration.com/forumdisplay.php?f=252
I guess, this may not be an as important an issue as "getting the GC"..:p
But some people may care more about it than others...especially who have a long list of family members to be brought in :)
That was indeed funny...:D:D made me laugh
Although pani_6 is correct in what he is saying.
Here is the link:
http://boards.immigration.com/forumdisplay.php?f=252
I guess, this may not be an as important an issue as "getting the GC"..:p
But some people may care more about it than others...especially who have a long list of family members to be brought in :)
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voldemar
02-28 11:26 PM
I missed my original I-485. Could any one suggest me how to get the duplicate copy of it from uscis.
Google for FOIA. Freedom of Information Act
Google for FOIA. Freedom of Information Act
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coopheal
07-09 08:03 AM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
As soon as your wife used EAD, her H4 status was gone.
For you it would still be safe to continue working on H1.
Your advantages are:
1) Having dual status (H1B and AOS) is better than one.
2) You do not have to worry about EADs for yourself.
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Charlotte
05-21 04:57 PM
I tried applying for License Renewal inn NC when my H1 was pending with USCIS, they strictly told me that they will not issue the license until we get the approval notice from USCIS. if you have any luck please let me know?
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karthik204
02-22 07:13 PM
This is going to be interesting.. Finally someone speeking about legal immigration..
more...
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chanduv23
11-02 10:59 AM
I am in NYC. My wife's attorney Stephen Perlitsh, is just too busy to give us some career guidance and cancels our appointments in last moment. I have no problem paying a good fee if I can get a real good prefessional advice, it is very essential for us in this retrogressed scenerio.
R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks
R u specilising in Residencies and fellowships etcc?? I will PM u though.
Thanks
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continuedProgress
08-04 02:20 PM
I had applied I485 via my previous employer in 2007 under EB3.
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
I am planning to upgrade to EB2 by applying new Labor Cert and I140 via my current employer.
Do I need to file a fresh I485 again?
more...
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Agul
04-27 01:38 AM
I thought I did have a good lawyer! We have been with our current lawyer for the past 7 years. Currently, as I am out of the country, and not able to get back, due to the approval, I am at my wits end as to what to do.
Does anyone know of anyone in a similar situation, or heard about what one can do??
Does anyone know of anyone in a similar situation, or heard about what one can do??
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enggr
12-07 09:52 AM
hi beta-Mle,
check the oh law firm immigration-voice website. I believe they have the PDF link
check the oh law firm immigration-voice website. I believe they have the PDF link
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amslonewolf
09-23 05:07 PM
A nice article on Consumerist website on how to write to the congress ..
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
http://consumerist.com/consumer/your-government/how-to-write-to-congress-302775.php
jelo
02-10 10:50 AM
Employer shared the copy of the labor filed and the answer to the question was NO. Please share your knowledge on what could have triggered the NOIR and what can be done
abqguy
03-15 06:04 PM
I had contacted all the senators and house reps in New Mexico via their website and heard back from Senator Jeff Bingaman.
Please see his reply:
Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.
Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.
Sincerely,
JEFF BINGAMAN
United States Senator
Please see his reply:
Thank you for your letter regarding relief measures to raise the quota of employment-based legal immigration visas. I appreciate your taking the time to write. I understand the important contributions made by high-skilled immigrant workers in our economy, and I will certainly keep your concerns in mind as we debate immigration reform in the 110 th Congress.
Again, thank you for writing. Please continue to keep me informed regarding this or any other issue of importance to you.
Sincerely,
JEFF BINGAMAN
United States Senator
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