siva008
02-24 03:04 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
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copsmart
02-20 09:06 PM
First of all, her employer will be in trouble sooner or later, for keeping her on bench and not paying.
I don�t think she is accumulating any out-of-status days, because she is still working for the employer. However, it is illegal to employ someone without pay on H1.
Aren�t you aware of the recent raids and arrests?
Best bet is to get her back on H4 ASAP or ask her to leave the country and come back on H4, whichever you think can be done fast.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
I don�t think she is accumulating any out-of-status days, because she is still working for the employer. However, it is illegal to employ someone without pay on H1.
Aren�t you aware of the recent raids and arrests?
Best bet is to get her back on H4 ASAP or ask her to leave the country and come back on H4, whichever you think can be done fast.
Members,
I need some help to act in right direction.
In Oct -2008 my wife got H1B. She was on H4 before that. The employer is still searching client for her to start work. She has got no pay, as practically she never started work. She still have valid-H4 VISa till sept-2009.
1) What is her current status H1B or H4?
2) how long can she wait to search job, assuming if she does not get job in next 2-3 months, how long will be H1B status Valid.
3) If she travels to india, will she has to get H1B stamped or she can re-enter on H4.
4) What are the options to get her back on H4. I have to file my extension in sept-2009.
Feedbacks, as highly appreciated.
~cheers
cram
08-16 08:16 PM
Did you receive the FP notice or your attorney or both??
In my case, both my attorney and I received the FP notices.
In my case, both my attorney and I received the FP notices.
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rvr_jcop
02-16 03:49 PM
I am working in US from Feb 2007 to till date. I was on H1-B visa This H1-B petition is valid till 30 sep,2009. I am currently on project which ends on 31 March 2009 . Before that I want to change my employer .
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?
I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.
Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.
Some ppl suggested me Transfer H1 with extention immediately. Some said that stay with current employer have extention and then transfer .
Is there any problem now a days for H1 Transfers ?
Please give me your valuable suggestions.
Thanks...
There are about 90% chances that you will get RFE with the extension.Lets say there are about 50 to 60% cases those are getting approved without any RFE. In either case does this answer helpful to you?
I guess, NOT. You should make the decision based on your new job/employer. If you have everything in place, and you never been out of status, filed LCA according to the rules in the past, employer played by the rules, both past employer and the future, you should not have any issues with the extension.
Nobody can say do this or do that. End of the day, its all yours. PLEASE FILL UP your profile.
more...
akred
02-25 02:25 AM
with employer B can I count that year before they filed for labor that I was under H-1b or I cannot count any experience gain before the labor was filed with employer B at all? I think that is the key question here.
You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.
You cannot count any experience gained with employer B unless it was gained while working in a different (substantially dissimilar) job.
needlotsofluck
08-01 09:56 PM
Old filing fee and form if filed by 8/17
No negative side other than a few days delay for them to match it up against your I-485
I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?
No negative side other than a few days delay for them to match it up against your I-485
I called USCIS #1800-375-5283 option:1,2,2,6,2,2,1 and informed me to use the new forms and should be mailed to new mailing addresses. As per new forms, I have to file I-765 and I-131 on two different locations. I am now confused?
more...
Xipe Totec
03-01 06:42 PM
California used to finish the labor cert in 7-8 months even in 2004, 2005, just before BECs started.
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?
So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)
I got my state labor approved and then it went to the San Francisco office in Dec 2004 and got it approved in June 2005. I am glad it didnt go to backlog center coz they were just starting up at the time.
Hmmm, then how come my labor filed in 2002, approved by SWA in 2003 was still pending when BECs were created (and then went to Philly to rot further)?
So no -- California DOL sucked big time (at least for cases filed from California, it was somewhat faster for Washington, Arizona, etc.)
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xela
04-23 06:00 PM
There is no Dead zone as such. They accepted all the applications received from July 2nd to Aug 17th. They have taken back the notice that they issued on July 2nd. So, they should accept all applications received in between the above period.
they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.
they withdrew it a couple of days or so later. So everyone that already had sent their applications was fine.
more...
blacktongue
09-15 12:58 PM
Celebrate in a way nobody has celebrated yet.
Shove your GC up yours and run a mile nakd on the street. You will know if GC gave you freedom.
Shove your GC up yours and run a mile nakd on the street. You will know if GC gave you freedom.
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priderock
06-30 02:56 PM
Hey can we sue these law firms who have spread the rumors, I could not sleep all night yesterday. Think about those who have not submitted the paperwork to their lawyer yet ....
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.
Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.
I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.
May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.
I saw immigration law (Matthew Oh) & Murthy publizing these rumors. Even Shusterman could have done the same he is one of the top immg attorneys but I feel just to make us already suffering souls file before the holiday these firms has run some water down our drain ....
I feel like repeated my self , but why do you guys blame the messenger ? I would like to know the bad news in advance if possible and be prepared rather than caught by surprise. May be it is just me.
Again those firms/web sites did not call you and inform you, if you don't want to listen things that are depressing (probably truths) , don't read, Send in your application and wait for your lawyer to give you an update.
I understand that every one is on their nerves, but lets keep our calm and appreciate their info. We are all educated and can get all kinds of information (good , bad , depressing) and process it.
May be at the end of the day, nothing bad might happen. May be we get 15 days grace period(For their mixup) for sending our applications. May be they would accept through out July. This is all speculation until official word comes out. Lets all hope for the best.
more...
yabadaba
09-26 09:02 PM
Cool down yabadaba. No need to generalise stuff.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
There are cases where people who are qualified to be in EB2 were put in EB3 for xyz reasons. To assume that everyone who does a category switch or PD switch or labor substitution is exploiting the system is an incorrect assumption.
OP feels he is in bad shape - the least you can do is to be a nice person and either ignore his post or to give him moral support at the least.
Regarding what my views are about what has pissed you off so much, well, this is not the right thread to talk about it - so I'll keep it to myself.
OP - If you can provide more details about your case, it will be helpful.
what exactly is it then if it is not exploitation of the system? time and time again we have line jumpers which ends up causing problems for the other indians. time and time again we hear the crab story and thats what we have become collectively. if u didnt file in the category you are in for whatever reason, be it that your lawyer thought of playing it safe or whatever...you are in that category now. just wait in line for your turn.
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GoneSouth
04-17 06:42 PM
This is effectively a non-compete clause. Enforcement of non-compete clauses varies by state, but most states include "broadness" as a criteria in deciding if a particular non-compete clause is enforceable or not. (e.g., read this article about ohio (http://tinyurl.com/2oysd8) or this article about colorado (http://tinyurl.com/2q6hcd) ... your state may vary) The restriction of "can't work for any IT business anywhere in the US" is indeed extremely broad.
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
Based on my google law degree ;) , I'd say this particular clause is not enforceable. If it were me, I'd sign the contract with a smile, get the three year extension, then find a new employer. Your old employer may sue you, but it's unlikely they'd win.
This is just a guess though. Check with a lawyer.
- GS
more...
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pappu
08-30 07:06 PM
Congrats Babu.
Finally someone saw some green in the Nevada desert!
Pls stay in touch and continue to help IV.
Finally someone saw some green in the Nevada desert!
Pls stay in touch and continue to help IV.
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hopefulgc
12-16 01:33 PM
Have a paper copy of your license saved somewhere.
I have used that in the past when i lost my license with a traffic cop. It took him 15 mins to verify my information, but saved me from getting at ticket.
If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.
The last 6 months of "no-license replacement" is making me very anxious.
I have used that in the past when i lost my license with a traffic cop. It took him 15 mins to verify my information, but saved me from getting at ticket.
If EAD and License have same expiry then what happens for license renewal during that last 6 months. It appears, I am going to get in a similar situation. My conern is about the remote possibility - What if my license gets damaged or lost during those last 6 months. As per their current law they will not issue a replacement license since the EAD is not valid for more than 6 months. EAD can be renewed 120 days before and for license to be renewed the EAD has to be valid for more than 6 months.
The last 6 months of "no-license replacement" is making me very anxious.
more...
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03-27 10:55 PM
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help43
09-10 10:12 PM
H1-B amendment how many days it will take because my opt is going to expire in the month of december.
To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?
If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?
To get the h-1b appoval i have waited like 6 months.So how many days it will take for h1-b amendment?
If it got rejected while processing under h1-b amendment then what do i need to do to stay in the usa?
more...
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mjadala
08-20 09:11 PM
I support this
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yabadaba
08-14 01:07 PM
you asked if you were missing something... i said yes you are. u asked for an explanation..so be it..and i put in a disclaimer...that what you were missing was anybody's guess
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VenuK
06-15 01:20 PM
hi,
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .
Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?
Pls advise. Any answers would be appreciated
Can someone help me with the situation i'm in.
I had H1B Visa validityfrom X company from 06/2004 - 12/2007.Applied for extension in June 2007. I had
query on it and i got status update in Feb 2008,stating request for evidence(RFE) documents.
X company send the documents but got denial on May 2 , 2008. I had 2 options at this point of time
first one was make an appeal with right documents. second one was to leave the country in 30
days which i has NOT choosen obviously.
In the mean time, i have applied for H1-B Transfer with new company with premium processing. Also made appeal with old company (X) , I'm waiting for the decision of appeal. but now, i got
APPROVAL on my H1-B Transfer with new company.
I-94 that i have on my passport is with Old company(X) .
Question is:
I need to revalidate my visa that was expired in December 2007. I received my H1B extention last week
when i met Immigration officer close to where i live. she said u r good to travel with new I#94 number (which is same as old one). but without visa how would it be possible.
Do i really need stamping to go out of US to visit my native country?
Pls advise. Any answers would be appreciated
glus
01-03 10:15 AM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
Ram_C
11-19 07:59 PM
Today there was LUD on my 140 application which was approved 1 year back. What does this mean? I received my EAD and AP is approved.
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
Sorry to ask this question on this thread, but i think i don't have ability to create new thread?
Can some one help please?
My PD is Feb 2006 and I am EB3 India
This is common, many of us including me received soft LUD on already approved
I-140 applications. check my post#2 on this same thread.
hope this helps
good luck :)
