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  • ashkam
    04-15 08:07 AM
    I was in the same situation (got my MS degree after I had already started working) and I was told that I could not use my master's degree to apply in EB2. This is because if the company hired you when you didn't have a master's degree, obviously your job position does not require a master's degree. You still can use the degree if your green card job position is drastically different from your current position job-duties wise and if you can prove that it does, in fact, require a masters degree.

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  • surabhi
    08-11 11:21 AM
    So you are good to go. This means, when the company applied for your H1, they also applied for your wife's extension using form I-539.

    When your wife presents the I-797 in her name, a new I-94 will be given upto 12/25/2009.

    There are few cases, where out of ignorance or negligence, they do not apply I-539 while applying for H1, thereby jeopardising h4 status.

    In your case, it has been done right. so no worries.

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  • Beemar
    12-13 01:22 AM
    Without you we would have never known this breaking news.

    The U.S. Department of State (DOS) Visa Bulletin for January 2008 contains more bad news for Indian nationals in the EB2 category. The cutoff date for EB2, India, retrogressed by two additional years, to January 1, 2000. Moreover, the prediction contained in the Visa Bulletin for EB2, India, is that the annual limit could be reached within the next few months. If this occurs, the category will become "unavailable" for the remainder of the fiscal year.

    The explanation for this is simply that demand for visa numbers by the USCIS for EB2, India, adjustment-of-status cases far exceeds supply

    EB3 cutoff dates either remained unchanged or moved slightly forward, depending upon country of chargeability. The January Visa Bulletin cutoff dates become effective on January 1, 2008. Until that time, the December 2007 Visa Bulletin cutoff dates remain valid.


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  • sunimmi
    06-11 02:29 PM
    what about the people who are beyond their 6 year H1B term -extending it every year. The USCIS website does not provide any indication for those.


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  • brij523
    02-19 12:50 PM
    We got some member for the meeting. We need more. Please join for conf. call.


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  • Raj Iyer
    09-13 06:28 PM
    This will also not qualify under EB-2. Your underlying bachelor's degree has to be 4 years equivalent to a U.S. bachelor's degree. secondly, 4-6 experience is not the same as 5 years of progressive experience.


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  • Prashanthi
    07-22 05:43 PM
    Could you please advice for the below case.

    Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?


    Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.

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  • santb1975
    11-21 02:30 PM
    With an EAD in hand and with the Market there could be a bigger and better opportunity. Keep up the high spirits

    But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.


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  • pd_recapturing
    09-23 11:03 PM
    I am July 23rd concurent Filer (Texas service Center), day before yesterday received FP notice but no other reciepts. wrote email to Lawyer to update.
    Did your checks get encashed ?

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  • va_labor2002
    10-25 09:25 AM
    Yeah! You are right. I will post one too.

    I posted my comment about legal High Skilled immigration.

    See my comment #263


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  • addsf345
    01-13 04:01 PM
    Yes. This is an old case.

    Isn't assigning a later PD to a earlier PD substitute labor a mistake made by the USCIS? If I put in a request to USCIS to correct this error, will it help?


    it won't correct, as this practice has been long stopped. You may be in trouble for sure. I know you must have discussed this with your lawyer and now asking this on forum. If not, consult one. But if I would have been in your place, I will not go back to CIS on this. There may be some more wait but you must have EAD/AP, so use it and wait for your turn. Do not complicate your case. Its up to you & your lawyer. Best Luck!

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  • JazzByTheBay
    09-05 10:43 PM
    all the best jazz..


    I traveled to India and got back on Monday (9/1/2008), AP expiring on 9/4.

    As expected, I was asked to go to secondary inspection.
    Handed them the passport, I-94 and AP.

    (Saw others handing over wads of paperwork... )

    Got called at the counter (others were being called by officers for interviews in different rooms... ). The only question asked: What's your job. Took less than 15 seconds.

    I was hoping to get the CPO email while I was traveling, but no such luck. Apparently, NSC hasn't kept pace with TSC... :)



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  • sanjay02
    10-17 07:00 PM
    Got my AP in the mail yesterday but have only 2 originals, last time I got 3 so any idea if I will be able to make more than 2 trips out of the country?

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  • northstar1
    07-26 03:57 PM
    My company is going through a merger and it will be complete by third qtr of this year. I already filed my AOS on July 2nd.

    I was told by my immigration attorney that if a buyer (new company) takeover all the immigration liabilities then I don't need to file an amendment. Is this correct?

    From what i've researched, in your scenario it could quite possibly slip through without being an issue. Now technically, i beleive you are supposed to notify USCIS of a change if it occurs prior to 180 days of the 485 being pending and possibly file an successor of interest i-140. After 180 days it becomes a moot point since you are eligible for portablity and a simple job letter will suffice. In the former case if the officer notices it, you may get an RFE which will need to be responded with proof of the new companies, successor of interest status.

    This is MY understanding. Not sure if it is totally accurate.


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  • tdasara
    02-08 10:02 AM

    No US educated foreign student qualifies for L1 visa. Microsoft/Intel/Sun are more interested in recruiting foreign students with PhD/MS from US Universities.

    Ever checked out a career fair in a big US School?

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  • whattodo21
    10-25 09:22 AM
    how do you get a copy of the approved i-140 if the employer is not willing to give it?


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  • desi485
    01-08 01:20 PM
    If you have the case no. go to online case status and take the print out of approved notice, that should serve you purpose hopefully if you don�t have a original copy

    I do have case number for I-140

    I also took printout of online approval status using the case status number.

    But what about labor cert?

    I have no idea what was filed for me? job description or salary req.???

    All this time I was thinking I am ready for AC21 if needed, but if above is true, I am in trouble. (so many others have same issue)

    why we need photocopies? WHY USCIS expects us to have those? They are considered employer documents and most established employers do not share them with employees?

    Any one has any idea? Any links? Any official link which states that we do need to have photocopies?

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  • suny_saini
    07-24 07:20 AM
    does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?

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  • singhsa3
    10-30 09:30 AM
    I think as long as they are not screwing us (EB community) in this bill, it is fine with me. As a matter of fact, I think this bill is important from security stand point also.

    A new immigration enforcement bill that would remove the jobs magnet for illegal immigration is expected to be introduced in the House very soon. The SAVE Act (Secure America with Verification Enforcement) will be sponsored by Rep. Heath Shuler (D-N.C.) and is expected to have bi-partisan support. NumbersUSA believes this bill originating on the Democratic side of the House is just the vehicle to give us a chance to actually pass immigration legislation through a Democratic-controlled Congress that would significantly improve the lives of most Americans. Specifically, The SAVE Act would eventually require every employee in America to go through the E-Verify system, identifying all illegal aliens and removing any "glitches" that once allowed them to pass through the system and into the workforce undetected.

    I don't see anything wrong with this act, infact I was wondering if there was any possibility that we can ride this bill and add EB reforms to it.

    08-02 06:00 PM
    My wife collected her's from VFS but they do not give it out the same day either at the consulate or the VFS. The earliest I guess is 3 PM the next day that you can collect it.

    08-30 04:36 PM
    Hi IVians,
    I am trying to file for my H1 renewal on my own, I want to know if somebody in this community has done that. Also since SESA takes a bit of time in terms of wage determination, can I use the DOL online wage library as my source. Any inputs would be appreciated.


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