gc28262
12-31 06:17 PM
Congrats on your I-140 approval.
Wishing you a smooth GC journey !
Happy New Year !
What a way to celebrate I-140 approval ( $140 contribution)
What are you planning on your 485 approval ? :D
Wishing you a smooth GC journey !
Happy New Year !
What a way to celebrate I-140 approval ( $140 contribution)
What are you planning on your 485 approval ? :D
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garybanz
01-14 03:15 PM
Check your local Library, My Library in Tx holds many networking events and free classes for members to get a good understanding of entrepreneurial tasks.
svam77
10-30 08:41 AM
My wife's finger printing fee was rejected last month, even though we submitted the right fee.
We still submitted the fee again. In the mean while, we got our finger printing notices.
Do u know when we would get our EADs ? Is anyone in a similar situation ?
Thanks
We still submitted the fee again. In the mean while, we got our finger printing notices.
Do u know when we would get our EADs ? Is anyone in a similar situation ?
Thanks
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tpcool
05-31 05:21 PM
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
more...
nixone
08-21 06:10 PM
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Caliber
05-25 06:13 AM
Fax Sent
more...
coopheal
03-14 03:23 PM
I do not support this campaign. As someone famously said if house is burning no point in rearranging furniture.
IV level campaign should be focused on administrative and legislative fixes.
IV level campaign should be focused on administrative and legislative fixes.
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i99
09-07 06:21 PM
For those who follow this thread. As of yesterday, reciepts started to come to people whose packages were received by R Williams. :D(ours not here yet...:()
more...
gconmymind
08-13 06:53 PM
Hi
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best
Whats your opinion? Do I have a chance with new updated list and 4 more publications and a letter about my leadership role?
With identical evidence, my EB2-NIW was approved at NSC.
-Please advice.
BP
A friend of mine, with similar credentials like yours (from what i can get from your post) got his GC thru EB2-NIW. He didn't have to go through lengthy labor process. His lawyer recommended against filing for EB-1. Please contact a lawyer and hope for the best
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fatjoe
09-06 02:06 PM
I called USCIS and I was told that, in (mid) July, NSC and TSC were the only Service centers receiving applns. USCIS has received enormous # of applications in and around mid-July and they are stagnant somewhere in the Service Centers. Applications are not moved from NSC to TSC. They are in the service center where they were sent.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
They may be in the system by the end of this month. I guess we'll have to wait, only time will answer.
more...
whitecollarslave
02-10 01:05 PM
All the tactics used by groups opposing EB immigration and in particular H-1B visas center around one central theme - foreign (H-1B) workers are cheap labor. While they may have identified specific cases, it is not representative of the entire EB (and H-1B) community. Most of us are paid much more than higher end of prevailing wage, plus 10-20K in immigration costs. Many of us are physicians with NIW and working in medically under served areas.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
How about we stand in silent, peaceful protest against the H-1B ban to show that the common perception of H-1B workers is not all correct. I suggest we do this either in front of the Capitol on the day when the House-Senate joint committee is considering the bill or on the day when President Obama signs the bill in front of the White House. Our goal will be simple - we will try to pass on one message - We are not cheap labor. The way we do this -
Each of us will create a poster with our 2008 W-2 blown up that shows the income (100k+), show that we are paying all taxes (Medicare, SS, etc.). We can scratch off employer name, address, etc.
We can wear white strips around our lips to symbolize our protest to be silent, peaceful.
We can have some flyers ready with relevant information.
These are just some preliminary ideas. I am sure others here will have much better ideas to get our point across - We are not cheap labor.
I know skeptics and nay sayers tell me that this is useless, etc. etc. I have two things to day about that - First, if we don't do anything we don't gain anything anyways. Second, I do not expect the Congress to change anything just based on any protest like this. What this will do is that it will plant a seed of a forgotten concept that foreign workers like you and me are not cheap. I feel confident that we can find somebody to report this.
Anybody up for it? Even if 10 of us are ready I think we should do it. Timing this right is important. We have to move swiftly.
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BharatPremi
08-02 10:06 AM
EB3 with PD of July 2006. I-140 Approved. 485 +EAD+AP filed 2 weeks ago.
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)
I was contemplating on job change before dates became current in June and decision to accept 485....
Now that 485 is filed and this DUST has settled, wondering whether all this is worth the wait. (even 180 days).
Currently in my 5th year of H1b, by waiting out the 6 months, I'll also get 3 yr h1b ext. (and hopefully ead by then).
So is waiting 180 days the best choice? or screw all this and change! (I dunno if this AC21 etc etc is practical...same job description etc)
(I am single and those complexities are not to be considered I guess yet.
Plan is to try and change jobs on H1b and use EAD only if there is a dire need like layoff to find another job quicker)
Normally it should not be a problem assuming your present employer is nice and you have good relations. If you leave the job before 180 days and if your employer says screw sundarpn then what will you do?:)
more...
house May 2, 02:13 PM reflexion madre teresa de calcuta_09. osama bin laden dead
Humhongekamyab
05-14 03:56 PM
Hi,
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
My Employer has going to file for I-140 under EB2 catogery. I got Labor approved, but I just got call from my Lawer, he was saying that my Education is not being equivalent as US Graduation. He was saying that for GC we can't use work experiance to make this equivalent.
Please advice, what to do?
Here are the details about my education.
Education:
Matriculation : 10 years education
Intermediate : 3 years Diploma (Associate Engineer)
Graduation : 3 years Degree (Comp. Science.)
Experiance:
Aprox. 8 years
Thanks in advace.
:)
Shujaat
Shujaat, you might be better off in being safe than sorry. I've read in the forums that US CIS is strictly interpreting EB-2 regulation so you might be better of in going with EB-3. For EB-2 they prefer single four year degree. Your lawyer would know the best.
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chanduv23
09-23 10:21 PM
lol funny to see myself in there..i have a shaky voice lol...eeks..wish i could hide...
Most appealing :) 16 years..............
Most appealing :) 16 years..............
more...
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Dhundhun
09-10 07:20 PM
...
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
...
Wonderful!!!
'Fair'
'Fast'
'Forward'
'Flexible'
'Fix'
'Flawless'
...
Wonderful!!!
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WFGC2006
02-15 10:53 AM
has anyone heard about the following? don't quite know where it is originally coming from. it's from here (http://www.greencardapply.com/news/news09/news09_0210.htm)
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
2/10/2009
When the alien beneficiary voluntarily departs from the employment in an hostile environment to get a new job, and the USCIS obtains an evidence, either before 180 days or after 180 days of filing of I-140 and I-485, the foreign worker may face a risk of denial or revocation of the petition, because of the evidence of such alien's intent not to work for the employer for the petitioned job, and the AC-21 rule is not available for alien beneficiaries with evidence of actively searching for new employment. In this case, foreign workers who had departed from the employment, not because of the layoff, or because of the alien's decision to change employment.
Such adverse evidence can also haunt after the foreign workers obtaining the Green Card as the law allows the USCIS to initiate the Green Card revocation proceeding before the immigration courts under the law that the USCIS can revoke a Green Card, should they belatedly find and establish such adverse evidence after the approval of a Green Card, which should have formed a basis for the adjudicator to deny the I-485 applications had the adjudicator known the facts and evidence.
The issues here involve in most cases hostile employers or other third parties who possess such evidence, and offer to the USCIS to hurt such foreign workers. Usually such denial or revocation is preceded by the USCIS' initiation of a notice of intent to deny or revoke (NOID or NOIR) when such action is taken before the Green Card is approved, but when a revocation proceeding is initiated after the green card approval, they file revocation proceeding before an immigrant court as such alien is entitled to a hearing and decision by an immigrant judge.
more...
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stucklabor
03-22 04:01 PM
All, our last interpretation has been confirmed by one immigration lawyer, but we are trying to get more opinions. It looks like all EB visas will now have a hard 10% country cap.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
Here is the latest interpretation of the country quotas. The loss of 202(a)(5) will definitely be a problem. I can't write any plainer than this, so if someone else wants to take a shot at explaining, please do.
Sec 202(a)(3):
(3) Exception if additional visas available. - If because of the application of paragraph (2) with respect to one or more foreign states or dependent areas, the total number of visas available under both subsections (a) and (b) of section 203 for a calendar quarter exceeds the number of qualified immigrants who otherwise may be issued such a visa, paragraph (2) shall not apply to visas made available to such states or areas during the remainder of such calendar quarter.
Our analysis:
This paragraph clubs together EB (subsection b of Sec 203) and Family-based (subsection a of Sec 203) immigrant visas. So if there are excess visas under both in a calendar quarter, then country quotas (paragraph 2 above) do not apply. So this leaves a lot of room for creative interpretation. Under a strict reading, the country quotas would not apply only when BOTH EB and FB categories have excess visas. FB has been oversubscribed for 10+ years.
Sec 202(a)(5):
(5) 2/ RULES FOR EMPLOYMENT-BASED IMMIGRANTS-
(A) EMPLOYMENT-BASED IMMIGRANTS NOT SUBJECT TO PER COUNTRY LIMITATION IF ADDITIONAL VISAS AVAILABLE- If the total number of visas available under paragraph (1), (2), (3), (4), or (5) of section 203(b) for a calendar quarter exceeds the number of qualified immigrants who may otherwise be issued such visas, the visas made available under that paragraph shall be issued without regard to the numerical limitation under paragraph (2) of this subsection during the remainder of the calendar quarter.
Our analysis:
Excess visas in each EB category will first be given to oversubscribed countries in that same category. E.g., EB2 excess visas will be given to EB2 applicants from EB2 oversubscribed countries. If there are visas even after that, then they will spill over to the next lower EB category. This is the provision that is proposed to be stricken out.
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nomad
06-06 03:32 AM
FYI
My 9th year H1-b extension was applied on March 13, and I got the email today from USCIS that the approval notice has been sent. This is a CA ( WAC) case.
My 9th year H1-b extension was applied on March 13, and I got the email today from USCIS that the approval notice has been sent. This is a CA ( WAC) case.
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Flashbaby1010
10-27 12:04 PM
I didn't see my post listed. Here's a link to the thread
http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972
Hi everyone,
Here is a list of all entries currently submitted to the Buttons contest:
Church Time by birdwing (http://www.kirupa.com/forum/showthread.php?t=336684)
SplasH by sb0k (http://www.kirupa.com/forum/showthread.php?t=336746)
SimpleButton by Scythe (http://www.kirupa.com/forum/showthread.php?t=336944)
Always wear a smile by xxxheeroxxx (http://www.kirupa.com/forum/showthread.php?t=336981)
Brrrr! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337076)
Flower by flocke (http://www.kirupa.com/forum/showthread.php?t=337163)
Farmyard: Baa! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Moo! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Oink! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Cheep! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
KirupaScript by idark (http://www.kirupa.com/forum/showthread.php?t=337154)
First Alien on the Moon by excogitator (http://www.kirupa.com/forum/showthread.php?t=337251)
LOST! by ritwik_ind (http://www.kirupa.com/forum/showthread.php?t=337623)
If you don't see your entry in the list, please send reply here with a link to your thread.
Cheers!
Kirupa :)
http://www.kirupa.com/forum/showthread.php?p=2511972#post2511972
Hi everyone,
Here is a list of all entries currently submitted to the Buttons contest:
Church Time by birdwing (http://www.kirupa.com/forum/showthread.php?t=336684)
SplasH by sb0k (http://www.kirupa.com/forum/showthread.php?t=336746)
SimpleButton by Scythe (http://www.kirupa.com/forum/showthread.php?t=336944)
Always wear a smile by xxxheeroxxx (http://www.kirupa.com/forum/showthread.php?t=336981)
Brrrr! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337076)
Flower by flocke (http://www.kirupa.com/forum/showthread.php?t=337163)
Farmyard: Baa! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Moo! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Oink! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
Farmyard: Cheep! by glosrfc (http://www.kirupa.com/forum/showthread.php?t=337148)
KirupaScript by idark (http://www.kirupa.com/forum/showthread.php?t=337154)
First Alien on the Moon by excogitator (http://www.kirupa.com/forum/showthread.php?t=337251)
LOST! by ritwik_ind (http://www.kirupa.com/forum/showthread.php?t=337623)
If you don't see your entry in the list, please send reply here with a link to your thread.
Cheers!
Kirupa :)
DSLStart
10-02 11:43 AM
sorry to hear your wife's bitter visa experience. But you should have researched in this web site and other web sites like immigrationportal.com for people's experience at Canadian US consulates, most of them have stressed the fact that, if its a first time H1 stamping without education in US, avoid going to any third country for stamping. Very less chance of getting approved. Even on web site of US consulates in Canada it is clearly mentioned.
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
But anyway the 3rd option you mentioned may be wisest to avoid long term uncertain stay in canada.
My wife went to Vancouver consulate this morning for her H1 B Visa stamping (She is currently on a H4 visa). This is her first H1 Stamping and since we both are Permenant Residents of Canada she opted to attend the Interview in Vancouver Consulate.
The Visa Officer who interviewed her was very rude to her and said he had to do her Education Degree Verification and put the case in Pending and gave her the Standard 221g letter (without circling any detials they need) but in the Other section he wrote as PPT (not sure what PPT means?). Also the moment she attended the interview he Cancelled her H4 Visa as "Cancelled without Prejudice" and he took her application forms and her I -797 and gave her the passport back and said the consulate will notify her in email about the update.He said he wanted to verify her education degrees in India and said she will have to stay there till the verification is done. The only lucky thing for us is we have PR to canada so the stay in canada is not a problem. Currently she cannot come back to US as her H4 is cancelled and will have to stay there till they reach the decision. Has anyone encountered a similar issue before and
1. Usually how long does it take for the education Verification to be done (atleast approximately so that we can prepare for that)
2. He has not even seen her Educational Documents and not taken them as well(All he took was the application forms and the I-797). So how do they verify the Education Degree in India(do they have to dig into the docs that she has sent when applying for H1B??). We do not have any problem in Education verification as everything is Real and Authentic
3. Also since her I-797 is with the Visa officer can she go and ask that she wants to take her interview back in India and request for the I-797 back?
4. If they deny her H1 B visa can she re-apply for H4 again or would this be a issue as well?
Unfortunately this was a very bad experience for her and to top that the Visa Officer being rude to her really didn't her a chance to ask to more details:(
I am sorry if this post is redundant but your inputs and suggestions are greatly appreciated in this urgent matter. Please help!!!
dixie
10-01 01:16 PM
It is not as simple as that. PERM started only last year - march 2005 to be precise. Now imagine someone from India who has a pending LC app using the old system in EB3 in December 2004 - his application would most likely still be languishing in PBEC or DBEC. Optimisitically, assume he gets his labor approved in September 2007 (when DOL has promised to clear the backlogs) - Even assuming he gets his I-140 overnight, an end-of-2004 PD will certainly not be anywhere near current by the rate at which EB3 India dates are progressing, So that means another 4 - 6 years or so just to FILE 485. All this assuming his LC is approved - if LC gets turned down after waiting 3 years, he has to start over with a new 2007 PD !!
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
This is exactly the situation that one of my colleagues finds himself in.
But once they get their labor approved, they will get their I-140, via premium processing, in a day or two and their PDs will surely be current. So they will immediately be able to file for I-485, and in fact it is unlikely that the dates will retrogress behind 2001.
BUt thanks for your clarification. I used to think PERM has solved problems for all.
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