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  • 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





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  • Tshelar
    06-15 06:05 PM
    There is no law against multiple companies processing H1B for the same candidate at the same time. In past I had 2 Job offeres and both companies were processing my H1-B at the same time. Eventually I joined one of them. I do not see any issue for you to go back to your Home country and get the visa stamped as long as you are working and getting paid as per your approved H1-B petition.
    Also if you never landed up working for the company for which your H1B transfered got denied then there is no issue at all, but if you did then I am not sure about the ramifications.





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  • greenerpastures
    07-20 03:09 PM
    I have a few questions and much thanks for those who answer.

    1. I have had a H1-B in 2002, but I did not get a stamping. I quit my job and went back to school. I'm out of school now, do not have an OPT (second masters) and worried about the cap.
    I heard that people who have held H1-B's in the past do not come under the cap. Is this true?

    2. A company is interested in hiring me but only in the muiddle of August (they want to conduct a few more interviews). The cap would most likely be reached by then. Do I have any other options?

    Thanks,
    Much worried.
    MScapbust,
    You are exempt from the H1B cap if you have/had H1B visa in 2002 for some time and have been staying in US legally till now. If you have been out of US for more than a year, then you are counted against the H1B cap. But, I assume you were on F1 during the past few years and never stayed out of US for more than a year. So, you should be eligible for 6 years H1B minus the time you were on H1 during 2002 (even though adv degree cap gets filled). I would suggest you to talk to an immigration attorney or the attorneys/HR of the company that you might be joining in August.
    Good luck





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  • pappu
    12-10 02:03 PM
    The dot system if used properly is a good system as other community members can privately control the reputation of each other. Community can also identify posters who are mischief makers by giving them reds and identifying them publicly. This reduces the need for moderators significantly as moderators cannot read every post and every thread everyday. Pls suggest better ways in which we should handle reputation system.



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  • ksairi
    05-12 10:50 AM
    http://www.npr.org/dmg/audioplayer.php?prgCode=TOTN&showDate=11-May-2006&segNum=1





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  • desi485
    03-24 03:12 PM
    Dear VB,

    I have noticed that you are creating new threads just for the heck of it. If you really have an issue that warrants a separate thread and discussion, please go ahead and do it. Please do not abuse the forum. Use your discretion wisely and stop creating threads that depict frustration.

    list of some of the threads created by "vinabath" - how many do you see meaningful???

    Thread / Thread Starter Last Post Replies Views Forum

    No more LC substitution, No more delays in 140. What a relief
    vinabath Today 02:55 PM

    what would you do if you get GC tomorrow? ( 1 2 3 4 )
    vinabath Today 02:37 PM

    What does the dots in my profile mean?
    vinabath Today 02:00 PM

    Tips to get your GC in a YEAR ( 1 2 3 4 )
    vinabath Yesterday 03:38 AM

    by vinabath 0 445 Retrogression, priority dates and Visa bulletins
    Poll: How many will be happy if..... ( 1 2 )

    by vinabath To All Newbies who are just starting out your career
    vinabath

    by vinabath 45 4,405 Retrogression, priority dates and Visa bulletins
    BIG JOKE on us by USCIS. Story of the Century.

    vinabath 07-02-2007 04:00 PM
    by vinabath 14 1,037 Retrogression, priority dates and Visa bulletins
    Medical Report Delayed by Six months

    vinabath 06-15-2007 01:38 PM
    by franklin 8 653 Medical exams and related issues
    Y1 Visa - Lets make USA as Dubai

    vinabath 05-18-2007 10:44 AM
    by vinabath 0 468 Retrogression, priority dates and Visa bulletins
    EB2 India - Feb 23 2003. Is it possible this year??



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  • OLDMONK
    07-18 09:19 PM
    I think if you got the I-140 approval before mid-August you should be able to apply for AOS. If I were you, I would keep everything (birth certificates, medical exams, photographs, etc) ready and even the application forms completed.

    Approval is not happening before Mid August. I am 100% sure. I know it sounds Brutal but is the truth, specially when USCIS stopped premium processing of I40's. Approval will take 8-10 months. Getting a receipt, yes its a possibility.





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  • seahawks
    09-11 01:01 AM
    We have more members join WA State chapter, welcome aboard. We need more. Calling all of WA/OR to join our local WA state chapter. Do you want to make a difference? This is your chance!

    Please follow link below.



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  • reddymjm
    09-17 09:07 AM
    When AP is approved, you get 3 copies. I went twice on intl trips and each time they took a copy. I am left with 1 copy of the AP.

    Now I need to go on one last intl trip (I have applied for renewal). I just have one copy of AP with me.

    How does it work? Will the officer just stamp the AP and make a copy?

    AP is like a VISA. Not all of us got 3 copies. Some of us got only 2 copies.
    I entered US(Detroit) from Canada. My wife needed to use AP and I still had valid H1b stamped. Still they made me use the AP. I left my other 2 copies at home thinking I do not have to use my AP. Then the officer explained that they need all the copies of the AP (atleast 2). They will stamp AP on the passport valid from 1 year from the date of entry irrespective of the expiry date on AP. They will return us a copy of the AP with the same expiry date on it. What he told me is even if I dont have any more copies I can still travel(not just b/w US and Canada) till the expiry date stamped on the passport and next time I will be getting I94 till that date not one year.

    Hope it helps.





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  • Hong12
    12-16 01:51 AM
    Thanks so much for a quick response. My cover letter, I-129, I-797 and LCA are correct. However, the petition letter from my employer to USCIS has all the wrong background. In this case, does it mean that my lawyer can just send me the new petition letter with the correct information? I can then bring the new petition letter to the consular? I also found the following info:

    USCIS send information on all approved petitions requiring visa issuance to the Kentucky Consular Center (KCC). KCC then scans and enters all pertinent information including Form I-129, employer support letter (Petition Letter), and beneficiary's identification documents into PIMS. The U.S. consular will then confirm a petition in PIMS before the issuance of the visa.

    Also, I just talked to my lawyer again, and he told me that I�m overreacting about the whole issue! He kept saying that this is not a big deal at all for having the wrong background on the petition letter submitted to USCIS. He said that the new petition letter, I-129 and documents do not need to be resubmitted to USCIS. My lawyer also said that he can simply solve the problem by sending me the new petition letter. Accordingly, I can then bring this new letter to the consular for the visa interview instead of going through the resubmission. He also said that there is nothing to be worry about PIMS or anything.

    In this case, would it be ok? I thought that the consular can pull the copy of the petition letter from PIMS. Would it be alright if the petition letter they have on PIMS is different from the new petition letter that I will bring to the Consular? Please advise. Thank you very much.



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  • MatsP
    May 3rd, 2005, 05:54 AM
    I guess I can safely say that I have some experience in this subject. I've not got much to show for it in my gallery, but I've taken a few thousand more or less successful pictures of motorcycles.

    As everyone said, some tracking and slower shutter will make it "move" better. Not too much tho'. At 400 mm, I usually set the time to 1/400 or 1/320. At shorter lengths, down to 1/100.

    Motocross is slightly slower than road-racing, so you may want to lengthen that time a little bit.

    It all depends on your panning skills too.

    --
    Mats





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  • frostrated
    09-03 02:01 PM
    Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?

    Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.

    You are correct. An H4 cannot work in the US if they are getting paid on US payroll. They can work as long as they do NOT get paid in US. They can telecommute for a company in India for all you want, and get paid in India in Indian currency. The H4 holder will have to file taxes in India though.



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  • Rb_newsletter
    02-22 03:14 PM
    just curious. Are you working for a consulting company?





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  • BharatPremi
    12-09 04:50 PM
    Hello-

    1) Is it possible to allow minimum ONE TIME contributions like $10?
    Ans: Yes. It can be done through PAYPAL - payment need to be sent to donations@immigrationvoice.org
    2) Is it possible to allow minimum RECURRING contributions like $10?
    Ans: Seeing the need of assuring sure funding IV core team has decided minimum $50/- recurring option.When I am talking to my friends, we felt that the above things increase the
    Contributions. We are also thinking that it is easy to ask friends to contribute if there are no limits on the contributions.

    If I am correct there are more than 25,000 Members. If there are 10% of active members and each contribute $10 we get another $25000 that is required for the Bill.

    My Contributions:
    $50 Recurring Contributions from Nov 07.
    Contributed $100 for the DC Rally.
    $25 to the local Northern California Chapter in Oct 07.
    Contributed to AILF $100 during the July visa bulletin time.

    ^



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  • whiteStallion
    06-16 06:48 PM
    I am not sure about six months ... That is only when you file 485 and want to use AC21 to continue your GC process.

    Once your I-140 is approved, then you lock the PD from that moment itself.

    I140 + 6 months = Change your employer, file new PERM & then new I140 but you get to keep your old PD from old PERM. Is it not the case ?





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  • krishna.ahd
    02-08 08:14 AM
    my opinion what ever route u go u will have minimum 2 stops . IF u take direct flights like ny/chicago to delhi then u will have to fly from delhi to ahd.

    what ever route u fly cost will be from $1300 to $1500

    so my take would be this.

    Atlanta - LA - singapore - ahmedabad (via singapore airlines).

    no transist visa needed

    service and food/drinks of singapore airline just superb.

    singapore airport is also superb. nice entertainment area / food court. btw it has desi fast food place so you can enjoy good food there too.

    last thing singapore to ahd direct flight :)

    aj
    Yes , your best bet is via LA , singapore or something like that
    Or
    Delta non stop to JFK - BOM
    or
    Any other non stop to Delhi/Bom



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  • bigboy007
    04-17 01:52 AM
    bumping...

    Valid question but you remember you port the labor to I140 becoz of same / similar duties . Once ported I think its same as any labor and your duties are based out of initial I140 / Labor. So You might consult a lawyer but you might hear the same





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  • glus
    02-24 12:20 PM
    I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
    Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
    My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.

    The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.

    Did anyone hear anything similar?

    Thanks and have a great weekend!


    OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.





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  • seahawks
    07-20 01:40 AM
    [QUOTE=jack_suv]Hi all,

    After reviewing many posts I wanted to summarize the pros and cons of filing i-485 when one is a bachelor or bachelorette, i.e. single.

    purely comical...

    Getting green card is freedom

    Getting married means no freedom..

    just kidding..I am married and loving every moment!





    tiinap
    02-01 06:33 PM
    I've been trying to research this out of my own curiosity. All candidates speak in rather vague terms at this point in the campaing, but based on the candidates' own websites and media, here's what I've found:

    Let's start with Obama:
    (quotes from his campaign website):
    "Obama believes we must fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill. (:))
    Obama supports a system that allows undocumented immigrants who are in good standing to pay a fine, learn English, and go to the back of the line for the opportunity to become citizens. (presumably, that would include us, if we're lucky, can maybe even get in line before the illegals)

    o Fix the Bureaucracy: Obama joined Rep. Luis Gutierrez (D-IL) to introduce the Citizenship Promotion Act to ensure that immigration application fees are both reasonable and fair. Obama also introduced legislation that passed the Senate to improve the speed and accuracy of FBI background checks. (:))

    "Respect Families: Obama introduced amendments to put greater emphasis on keeping immigrant families together." (Does this include keeping temporary worker families together? :confused:

    "In the most recent immigration debate on the U.S. Senate floor, Obama fought to improve and pass a comprehensive bill. Obama introduced amendments to put greater emphasis on keeping immigrant families together and to revisit a controversial new points system that never received a proper public hearing. Obama will continue to work for a comprehensive bill that fixes our broken immigration system." ( :))

    BUT... Here is what Obama said on the Senate floor in June 2007 when the subject of points-based immigration system came up:
    "�For decades, American citizens and legal permanent residents have been able to sponsor their family members for entry into our country. For decades, American businesses have been able to sponsor valued employees. The bill before us changes a policy that, while imperfect, has worked well and will replace it with a new, untested, unexamined system to provide visas to immigrants who look good on paper, but who may not have any familial or economic ties to our country.�

    "..they support the amendment because the new points system shifts us too far away from the value we place on family ties and moves us toward a class-based immigration system.."

    �Our current immigration system delivers the lion�s share of green cards � about 63% -- to family members of Americans and legal permanent residents, while roughly 16% of visas are allocated to employment-based categories. The bill before us would reduce visas allocated to the family system in order to dramatically increase the proportion of visas distributed based on economic �points.� Once implemented, these new economic points visas would then account for about 40% of all visas, while family visas would account for less than half of all visas, with the remainder going for humanitarian purposes.�

    First of all, believes the current system has worked "well"! :D
    Wants to see a continuation of the system where family-based immigration is given priority :mad:
    Seems to be glad that only 16% of GC go to EB :mad:
    Laments the fact that 40% may go to educated immigrants under the points system. :mad: More educated immigrants, oh the horror!

    Votes: Voted in favor of amendment to cut proposed guestworker program in half in 2007 :mad:

    He's making some vague but good promises about fixing the system, and seems to be aware key issues like FBI namechecks. But the track record of what he has done in the Senate is pretty horrible. The points system would have given a huge advantage to anyone working in the US currently and Obama played a big role in taking that off the agenda.





    GCanyMinute
    08-23 08:28 AM
    :D That's because most people do even know what a I-485 looks like :confused: and will likely not know for years!

    hahaha that was really funny!!
    ...but also sad for those folks that are waiting :(
    Good Luck guys!



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