styrum
02-08 08:25 PM
So for a position classifed as a jobzone 4 and an svp between 7 <8, which of the following job requirements would be a better option for EB-2 filing:
- MS+0 / No BS requirement
- MS+0 / BS+5
And by better I mean less chance of an audit or proof of business necessity requirements.
I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.
Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2
It looks to me the only way for zone IV would be MS + 0.
I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!
Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.
Do they not follow their own rules?
- MS+0 / No BS requirement
- MS+0 / BS+5
And by better I mean less chance of an audit or proof of business necessity requirements.
I am afraid I am missing something. According to the worst case interpretation you can't require more than 2 years even for BS for zone IV.
Can somebody remind me how BSs can still qualify for EB2? I heard this BS+5, but don't see how it can fit into zone IV and qualify for EB2
It looks to me the only way for zone IV would be MS + 0.
I am still puzzled why DOL accused me of having only 5 yrs of SVP on my first PERM. There I required MS+5 (stupid me - hoped to supply "business neccessity" later), which means 9. But they didn't say "you put 9" they said "you put 5" on the denial notice!
Per 9089 instruction for Section H, item 5: "Do not duplicate the time requirements." So one would think experience is counted separately.
Do they not follow their own rules?
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JunRN
08-23 03:15 AM
Luck really plays with every game....
PhysicianAssistant
05-24 04:59 PM
Does the bill make any special provisions for health care workers? nurses? Is schedule A a thing of the past?
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dilipb
06-23 04:03 PM
And always send via USPS express mail. (1 day costed me $18) but I came to know instantly the next day that they received it.
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
You could also use some cheaper USPS option. as long as it has some delivery confirmation.
The reason I like express mail one day, is because u can request a copy of the receiver's signature via email (comes in a PDF). This is proof that USCIS really got it and u can then sleep nicely for the next 3 months.
Ha Ha.
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Aah_GC
10-03 11:31 PM
Guys.. my kind request - keep up your hopes and let's dream for the best. Dont get lost in what went wrong and what is going to be wrong. Be the change you want to see. Do everything you can to support the bills, and have fun in life. Not for a moment - be unhappy.
jonty_11
06-28 05:40 PM
Hi everybody,
I will post here my query about I-140 because I didn't want to start a new thread only for my question.
It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?
How is it working?
I wwould highly apprecite your help.
Thank you in advance.
u have to presnt Exp letters for the term of experience mentioned in labor Cert...
if its BS+2 yrs..u shud be producing Exp letters for 2 years...
I will post here my query about I-140 because I didn't want to start a new thread only for my question.
It's still regarding I-140 application.....I wanted to ask you if you need all employment letters that are written on Labor Ceritificate..or is it enough to submit only a few not all the employment letters for every job that was written on Labor certificate?
How is it working?
I wwould highly apprecite your help.
Thank you in advance.
u have to presnt Exp letters for the term of experience mentioned in labor Cert...
if its BS+2 yrs..u shud be producing Exp letters for 2 years...
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texanmom
08-15 10:31 AM
From everything I've read before, it is safe to stay with the sponsoring employer for at least 6 mos.
There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.
There have to be extenuating circumstances to leave earlier than that, and be prepared to elaborate during the citizenship interview.
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miguy
06-18 03:37 PM
thanks for your replies desi3933........is there any way one one can apply for H4 extension/stamping at the consulate based on the receipt of the H1b extension filing ?
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prolegalimmi
03-28 10:47 AM
Please shut your mouth. You do not know and feel what we are going thru (PBEC victim). As a member of this community, and have contibuted monetary support, I too, would like to have the problem in PBEC be heard.
There is only one thing I suggest, please do not have this guy "prolegalimmi" speak in front of the congressman.
With all due respect to your point of view without being rude, I am a BEC victim from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues. But definitely not agree with your tone of voice. IV has clearly stated in its media relations page that members that have no respect to opinions and have no decency in their language can be taken out or censored.
Thanks for your time.
There is only one thing I suggest, please do not have this guy "prolegalimmi" speak in front of the congressman.
With all due respect to your point of view without being rude, I am a BEC victim from April 2001. I have been waiting to get my Labor Certification from April of 2001. Till date, I know it may be in one of the BECs if it wasn't lost in transit. I was not able to obtain a screen shot nor do I have a 45 day letter. Still I say, when setting priorities, set it on what can be accomplished in the next two weeks, I agree with you in using the IVs opportunity to speak to bring all issues. But definitely not agree with your tone of voice. IV has clearly stated in its media relations page that members that have no respect to opinions and have no decency in their language can be taken out or censored.
Thanks for your time.
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msgrewal81
03-22 11:14 PM
As per 2006 and 2007 CIR, only illegal immigrants get green card easy. Legals like us - it will become even more difficult. read the text of previous CIRs and new CIR will not be different. Below is the text, it clearly excludes legals from legalization. Hope I would have been daring enough to be illegal. Definately, illegals are the vote banks and they get all the attention.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
TEXT:
SEC. 245B. ACCESS TO EARNED ADJUSTMENT.
`(a) Adjustment of Status-
`(1) PRINCIPAL ALIENS- Notwithstanding any other provision of law, including section 244(h) of this Act, the Secretary of Homeland Security shall adjust to the status of an alien lawfully admitted for permanent residence, an alien who satisfies the following requirements:
`(A) APPLICATION- The alien shall file an application establishing eligibility for adjustment of status and pay the fine required under subsection (m) and any additional amounts owed under that subsection.
`(B) CONTINUOUS PHYSICAL PRESENCE-
`(i) IN GENERAL- The alien shall establish that the alien--
`(I) was physically present in the United States on or before the date that is 5 years before April 5, 2006;
`(II) was not legally present in the United States on April 5, 2006, under any classification set forth in section 101(a)(15); and
`(III) did not depart from the United States during the 5-year period ending on April 5, 2006, except for brief, casual, and innocent departures.
`(ii) LEGALLY PRESENT- For purposes of this subparagraph, an alien who has violated any conditions of his or her visa shall be considered not to be legally present in the United States.
..................legals dont earn legalization. In other parts of bill, legal immigrants have to go thru even more rigrous LC processes but illegals have to do nothing. So, all those excited about Obama and CIR, cool down.
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panky72
06-24 01:02 AM
Interesting. This problem is also there. I e-filed for my self and my wife, so the payment went through credit card.
For son, I filed paper based EAD and check was in favor of USCIS, so I am very much confused about the alternatives you have mentioned - both don't include USCIS.
When I applied for EAD and AP (paper filed) my attorney advised to make checks payable to ?U.S. Department of Homeland Security?.
For son, I filed paper based EAD and check was in favor of USCIS, so I am very much confused about the alternatives you have mentioned - both don't include USCIS.
When I applied for EAD and AP (paper filed) my attorney advised to make checks payable to ?U.S. Department of Homeland Security?.
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nrk
08-11 08:39 AM
Enjoy the freedom
Thanks Nrk.. infact we got our approval email this morning. We had two sets of I-485 applications..my wife's date of Oct 2005 was earlier which got approved today. Thanks again.
Thanks Nrk.. infact we got our approval email this morning. We had two sets of I-485 applications..my wife's date of Oct 2005 was earlier which got approved today. Thanks again.
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indianabacklog
06-18 02:00 PM
USCIS issues Employment Authorization Documents (EAD) in the following categories:
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.
I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.
EAD: This document proves you are allowed to work in the United States.
Renewal EAD: You should apply for a renewal EAD six months before your original EAD expires.
Replacement EAD: This document replaces a lost, stolen, or mutilated EAD. A replacement EAD also replaces an EAD that was issued with incorrect information, such as a misspelled name.
Interim EAD: If USCIS does not approve or deny your EAD application within 90 days (within 30 days for an asylum applicant; note: asylum applicants are eligible to file for EADs only after waiting 150 days from the date they filed their properly completed original asylum applications), you may request an interim EAD document.
If the EAD app is not approved in 90 days, we can request an interim.Doesn't sound like a big problem then.......Am i missing something? Some folks said Interim EAD have been discontinued....but this on their official website???
I actually asked about the interim EAD thing while I was at my fingerprinting appointment at the local office. They do not have the equipment any more for producing these cards. However, if your application takes more than 90 days you can go to them and they will send an email to USCIS and you should then receive one within two to three weeks. I was told that calling the 1 800 uscis number and following up when things have gone beyond 90 days should have the same effect.
I am more than a little skeptical that this would work out. Have yet to find out since my spouse's EAD has only been pending for five weeks at this point.
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mirage
02-23 10:05 AM
Rehman is a Super Star....But Slumdog Music is far far below his standards. I'm sure he never took this movie seriosly and might have done those scores and music just in few days as a sidea thing...Slumdog's score and music doesn't come even close to the superb work he has done in 'Rang de basanti', 'Jodha Akbar', 'Dilli6', 'Dil se', 'Rangeela', 'Bombay', 'Roza'....List is endless, I wouldn't even put slumdog in this list, it's just doesn't sound like him...
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alterego
07-21 03:44 PM
There are a few points to be made here.
First, there are many procedural votes and we are not always privy to the happenings behind the scenes. This was alluded to in other places.
Secondly, although it was defeated, there was a healthy simple majority and this augurs well for any reconciliation process.
Finally, any impetus for immigration provisions are likely to emerge form the house side, who have been seeing our plight up close. There are likley to be some behind the scenes arrangements made and the final agreement may look slightly different. For example getting Sen. Durbin's support by getting in the H1b restrictions will get the support of some more Democratic members, they could then proceed with the favourable provisions. All said however, it is likley they wil do this as a rider to some bill rather than in the glare of the public as a stand alone bill.
I just hope the staunch CIR folks, become a little more pragmatic and stop being a hindrance, and stop holding legal immigrants hostage to their issues. They after all call themselves pro-immigrant, right? Ironically convincing them of that seems to be our most difficult hurdle.
First, there are many procedural votes and we are not always privy to the happenings behind the scenes. This was alluded to in other places.
Secondly, although it was defeated, there was a healthy simple majority and this augurs well for any reconciliation process.
Finally, any impetus for immigration provisions are likely to emerge form the house side, who have been seeing our plight up close. There are likley to be some behind the scenes arrangements made and the final agreement may look slightly different. For example getting Sen. Durbin's support by getting in the H1b restrictions will get the support of some more Democratic members, they could then proceed with the favourable provisions. All said however, it is likley they wil do this as a rider to some bill rather than in the glare of the public as a stand alone bill.
I just hope the staunch CIR folks, become a little more pragmatic and stop being a hindrance, and stop holding legal immigrants hostage to their issues. They after all call themselves pro-immigrant, right? Ironically convincing them of that seems to be our most difficult hurdle.
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bbct
04-02 06:48 PM
I got a second fingerprint notice for 04/07. I am from EB2-I. Don't know what's the next bulletin has?
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bkarnik
05-11 10:23 PM
bkarnik,
You mentioned this in your message 'if the SKIL bill provisions are also included as amendments' , where did you get this ? are you making a guess ? If it gets included then nothing like it. DOL backlog gets cleared in 6 months. Return of Visa revalidation. Begin of I-140 premium processing etc. etc. Skill bill is too good.
black_log:
This is just educated guesswork at this time. If you remember during the SJC deliberations on the CIR Sen. Durbin got the DREAM bill provisions inserted in the CIR as an amendment. On similar lines, I believe it is logical to asume that Sen. Cornyn, who basically is against the amnesty part of the CIR and an Republican will try to get his bill included as an amendment. My guess also is that in an effort to placate him and get his grudging approval for the entire bill, his amendment will pass the vote without much opposition, especially since he also has Sen. Lott (who I believe is the Dep. Maj. Leader) as a co-sponsor. Additionally, if the CIR were to pass, it would be almost impossible for any other legislation concerning immigration to pass this year or the next which also is an incentive for Sen. Cornyn to get this included in the CIR if he is serious about the SKIL bill.
This being said...nothing is as it appears and only time will tell...but, even if the bill is not included, I still believe that the CIR is better than what we currently have. I just saw the [previous post and it actually includes Sen. Cornyn in the same list as Hagel, Martinez, McCain.... wow :)
You mentioned this in your message 'if the SKIL bill provisions are also included as amendments' , where did you get this ? are you making a guess ? If it gets included then nothing like it. DOL backlog gets cleared in 6 months. Return of Visa revalidation. Begin of I-140 premium processing etc. etc. Skill bill is too good.
black_log:
This is just educated guesswork at this time. If you remember during the SJC deliberations on the CIR Sen. Durbin got the DREAM bill provisions inserted in the CIR as an amendment. On similar lines, I believe it is logical to asume that Sen. Cornyn, who basically is against the amnesty part of the CIR and an Republican will try to get his bill included as an amendment. My guess also is that in an effort to placate him and get his grudging approval for the entire bill, his amendment will pass the vote without much opposition, especially since he also has Sen. Lott (who I believe is the Dep. Maj. Leader) as a co-sponsor. Additionally, if the CIR were to pass, it would be almost impossible for any other legislation concerning immigration to pass this year or the next which also is an incentive for Sen. Cornyn to get this included in the CIR if he is serious about the SKIL bill.
This being said...nothing is as it appears and only time will tell...but, even if the bill is not included, I still believe that the CIR is better than what we currently have. I just saw the [previous post and it actually includes Sen. Cornyn in the same list as Hagel, Martinez, McCain.... wow :)
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snathan
06-03 11:18 AM
Ronhia, I appreciate your comments. It needs conviction, dedication and consistent efforts to make such accomplishments. Moreover it also demonstrates the character of a person, who can motivate and inspire other kids in a positive way.. especially in an environment full of negative distractions.
If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.
When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.
"Winning a national competition is not so great"... again it depends on what is so great to you !!!..
Well said...I couldnt have said any better.
If spelling bee competition is considered merely as just cramming the dictionary, as you rightly said we need to really spend some time looking beyond your own shell.
When you open a magazine, for sure, you tend to come across pages that may not be of interest to you. We skip the page and move on rather whining with words (yucky, stupid, senseless) that are inappropriate.
"Winning a national competition is not so great"... again it depends on what is so great to you !!!..
Well said...I couldnt have said any better.
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Lollerskater
05-22 08:26 PM
I just saw the May processing dates.
I printed it out and used it to wipe my backside, then flushed it down the toilet.
I printed it out and used it to wipe my backside, then flushed it down the toilet.
reddog
02-23 11:06 AM
I just dont get it. A.R Rehman has been doing amazing work for ages now and it needed a British movie to take him to the world stage. Really, his work in Dil Se...was way better than what he did in Slumdog.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Well, if Hollywood had any needs of his kind of music, they wont stop. they will go and hire people from anywhere in the world if the film required it.
plus, please do not forget that the US makes music that is appreciated the world over. so, there is no shortage of talent here or in europe which is easily accessible to producers here.
and why does AR rahman need to be appreciated by the hollywood guys for us to feel better. We feel better cos he was recognized, time does not matter.
This film had an indian backdrop and the director felt comfortable to go with the local talent, one of the best in the world and still local. win-win
also, the class of music that south asia produces is completely different from the taste of music that the europeans had.
Globalization is changing that. and yesterday night was a proof of that.
Bollywood sucks and how!!! They need to figure out how they can take their cinema to the world audience. They've been failing miserably in promoting their movies in the west. Americans welcome change and encourage talent always and our bollywood producers/directors need to tap that.
Well, if Hollywood had any needs of his kind of music, they wont stop. they will go and hire people from anywhere in the world if the film required it.
plus, please do not forget that the US makes music that is appreciated the world over. so, there is no shortage of talent here or in europe which is easily accessible to producers here.
and why does AR rahman need to be appreciated by the hollywood guys for us to feel better. We feel better cos he was recognized, time does not matter.
This film had an indian backdrop and the director felt comfortable to go with the local talent, one of the best in the world and still local. win-win
also, the class of music that south asia produces is completely different from the taste of music that the europeans had.
Globalization is changing that. and yesterday night was a proof of that.
nk2006
03-04 03:10 PM
..........
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
You mention your wife showed them a copy of rules pertaining to AC21. Can you post a link or post them here.
My lawyer never advised me to carry any such documents.
.
As you may know, AC21 is not exactly a rule but is a guideline to the adjudicators in the form of some memos. As far as I know there are at least two or three memos addressing various issues concerning AC21. These are: William Yates Memo Dated August 04, 2003 and Michael Aytes Memo Dated December 27, 2005. You might get them by googling for those (could be in some threads or blogs on IV itself). In addition to these we also had all the documents that we sent to the USCIS as well (AC21 letter, copies of I140, old job and new job description). Yes its kind of too many documents to carry (and some might see that as a over cautious) - but after the last episode we are inclined to carry them along every time we go out of the country.
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