guru76
10-05 06:34 PM
I was once asked by an immigration officer in India why I was coming to India. I have an Indian passport. This was in Hyderabad.
So its not just US/Canada.
So its not just US/Canada.
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vandanaverdia
09-10 02:59 PM
Thanks drona for your support!
Fellow Washingtonians & Oregonians, please join in & support the cause....
Fellow Washingtonians & Oregonians, please join in & support the cause....
jasmin45
05-14 08:40 PM
Here are the details.. you can determine if you fit in.
EB2 Eligibility :-
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
EB2 Eligibility :-
The EB-2 classification includes: aliens who are "members of the professions holding advanced degrees or their equivalent" and aliens "who because of their exceptional ability in the sciences, arts, or business will substantially benefit the national economy, cultural, or educational interests or welfare of the United States."
A petition for a foreign professional holding an advanced degree may be filed when the job requires an advanced degree (beyond the baccalaureate) and the alien possesses such a degree or the equivalent. The petition must include documentation, such as an official academic record showing that the alien has a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that the alien has a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that the alien has at least 5 years of progressive post-baccalaureate experience in the specialty.
Qualified alien physicians who will be practicing medicine in an area of the United States certified by the Department of Health and Human Services as underserved may also qualify for this classification. Read more about this program.
In order to be classified as having exceptional ability in the sciences, arts, or business, the individual must provide documentation of three of the following:
An official academic record showing the alien has a degree, diploma, certificate or similar award from a college, university, school or other institution of learning relating to the area of exceptional ability;
Letters documenting at least ten years of full-time experience in the occupation being sought;
A license to practice the profession or certification for a particular profession or occupation;
Evidence that the alien has commanded a salary or other remuneration for services which demonstrates exceptional ability;
Membership in professional associations;
Recognition for achievements and significant contributions to the industry or field by peers, government entities, professional or business organizations.
If the above standards do not apply to the petitioner's occupation, other comparable evidence of eligibility is also acceptable.
Application Procedures
USCIS Form I-140 Petition for Alien Worker is required. Your employer must file a USCIS Form I-140 (Petition for Alien Worker) at the USCIS Regional Service Center that serves the area where you will work.
EB-2 petitions must generally be accompanied by an approved, individual labor certification from the Department of Labor on Form ETA-750. Please see the Department of Labor's Employment and Training Administration for more information.
If you are a worker with exceptional ability in the sciences, arts, or business, you may apply to waive the requirement that you have a job offer if such a waiver would be in the national interest. To apply for a national interest waiver, you must submit Department of Labor Form ETA-750B. Please see the Department of Labor's Employment and Training Administration for more information.
Forms are available by calling 1-800-870-3676, or by submitting a request through our forms by mail system. For further information on filing fees, please see USCIS filing fees, fee waiver request procedures, and the USCIS fee waiver policy memo. Please click here for more information on USCIS offices.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
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arc
06-17 04:44 PM
Also, my understanding is that: AC 21 need not be "INVOKED". Its "AUTOMATIC"...its a law, in place. I have seen so many threads here using the wrong terminology when it comes to AC 21. It is absolutely not necessary to (so called) "invoke" AC21. When you move to a different place you have to file AR-11 form and send it to USCIS...thats all you got to do. AC21 is automatically take care of.
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?
Just my 1 cent :D
*Disclaimer*
I am not an attorney. Please take advice from an attorney. :cool:
You mean AR11 would take care of AC21? I am confused the AR11 is for change of address? How would it work if one's residential address is still the same but employer has changed...do you still file AR11 and you are covered under AC21?
more...
casinoroyale
08-21 03:28 PM
Yes, i used AP before and after that I got my H1B extended with the same employer. I want to get visa stamped as I am still single and need to retain H1B status.
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
Based on other's experiences and attorney's suggestions, it seems like one can enter on AP if there are delays in visa issuance, however, i was always cautioned that there might be problems at POE but I have not come across such case (atleast thru forums). Also, I do not think there will be any problems using old or new petition at the consulate for visa stamping as long as its not-expired (obviously).
CasionRoyale,
From your previous posts, I gathered that you entered US using AP sometime ago. Now are you going to H1 stamping with a amended H1 petition or are you just using the old petition?
Do you expect any issues using old petition?
If there are any can we enter using AP?
Thanks
ita
01-23 08:30 PM
Suggestions.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
1 Since the main reason behind the retrogression is the lack of Visa numbers I feel it would be a great idea to process the 485 applications , make a decision on the case and let the applicant know about the decision though the actual card can be mailed when the Visa Numbers become available . This would reduce the anxiety on behalf of the applicants and would also give USCIS ample time to process all the applications.
2. Yearly extension of EAD/AP is getting so expensive especially when one doesn't know how many years we have to keep doing the extensions.
It's a known fact that except for the July 07 bulletin EB3 India PD has hardly touched year 2002 since Dec 2004.
Some of the EB3 I folks with a 2005 PD, that I know have been issued one year extension on their EAD though they applied for the extensions in mid July(2008).
Example of EAD/AP anxiety:
AP document says that it should be used for emergency travel. This rule on AP
was formed at a time when 485 processing would take not more than 6 months.
In the present scenario with 485 processing taking years I think a person using EAD would end up using AP many times . Officers at the POE sometimes remind us the rule that AP should be used only in emergency and some of them give the person hard time if they believe the travel was not for emergency purpose.
I guess we are supposed to have a proof of emergency travel.
Though AC21 lets one change jobs 180 days after filing the 485 application with the I40 approved for more than 180 days when reentering the country some of the officer(s) sometimes ask the person if they are still with the same company that filed their GC.I don't know yet what they would do/say if one had changed their jobs because the people who were asked this question did not change their employer at that time. But the fact that they ask us this question makes us apprehensive about changing jobs.
With so many rules where most of them were formed long back it's making applicant's life increasingly tough as the applicants themselves don't want to do anything that would be construed/fall on the wrong side of the rules.We are forced to watch our steps multiple times even in the case of simple things like job changes,travelout of country etc.
When I repeatedly read about how USICS is inundated with 485 applications due to July 2007 bulletin I keep wondering why USCIS would want to increase it's work load every year with all these EAD/AP renewal applications.
Suggestion
Once upon a time when the 485 processing took like 6 months, EAD/AP had different meaning. In the present scenario when not many of us know how many more yeras it's going to be before (especially EB3 I folks) we get our GreenCard I would think it would be better to use the pending 485 application to change jobs and reenter the country.
This would save money/time for the applicant and lot of time for USICS.
Thank you.
more...
skd
07-08 11:14 PM
Even I feel very selfish to go ask for their help for a set of relatively well to do, when we know we don't pay taxes in "motherland" Most of us graduated on Goverment Money and not giving anything back.
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eb3_nepa
06-09 01:39 PM
When discussing premium processing, capitalism etc categories, we should not forget that USCIS is a monopolist. There is no alternative, hense all screw ups, "premiums" etc. Capitalism has nothing to do with USCIS. This organization is a typical crippled socialistic child.
I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.
I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.
I agree with this one. It is more about no competition and no incentive to do things faster. Premium processing is just what it says it is. Pay up and we will have an incentive to do it faster. Else put up with our delays.
I wish they wud do something like premium processing from the WHOLE Green card process. I am sure people wud be more than willing to pay for that.
more...
mdmd10
09-11 03:59 PM
Just voted. I am still waiting for a miracle.
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tnite
08-03 10:36 PM
See the disclaimer at the bottom of the page. It says it might take another 14 days to receive the receipt even though they might have issued it. What I understand from this is that USCIS has completed the data entry for the dates given and issue the receipts (essentially means, receipt date has been marked against your application in the database) but the receipt will take another 14 days to reach.
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts
So guys keep patience as USCIS is going to give us update every week now...mentioned in the news letter.
So assuming the application was received on 07/01/2007 then 14 days is 07/15 as we know that except for few no one else has received the receipts
more...
va_dude
06-16 11:56 AM
I think people should refrain from making congressional enquiries just to get a status update on their case. It should be used only under special circumstances, RFE, rejection, etc.
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
If everyone starts doing this, these congressional offices will just not entertain our genuine requests anymore.
If you really need to check just the status, take an Infopass.
Just my 2 cents.
va_dude
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mdmd10
09-16 01:35 PM
Did you see any LUD prior to this email?
No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.
I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.
No LUDs. Just got our approvals on the 14th around 5:30 PM. I did have a pretty benign RFE for EVL to which we replied on Aug 12th and there were subsequent Soft LUDs for 6 consecutive days until 8/19.
I'm guessing its been around a month since we responded to my RFE and since my case was under review, they may have picked it eventually.
more...
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StuckInTheMuck
09-02 01:53 PM
Is your RFE regarding Medical?
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
Did you sent your Medical Reports?
Any Good news after Medical reports sent?
Sorry for the late reply. Yes the RFE was for medical (for me and spouse) as I thought. We sent response on Aug 12, got hard LUD ("response received, case processing resumed") Aug 19, then soft LUDs on Aug 20, 21, 26 and 27, and nothing after that.
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gjoe
04-30 09:52 PM
What is the agenda now?
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gotgc?
09-16 06:13 PM
Hi,
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
Here is my case specifics:
--------------------------
1. Filed PERM EB3 LC - PD:01/2006 - Approved.
2. Filed EB3 I-140 using LC Sub from my company(company's policy..) - 06/2006 - was pending
3. Filed I-485 using pending LC Sub I-140 - 07/2007
4. Second I-140 Filed - 01/2008 based on my original PERM LC.
5. Second I-140 - Approved - 02/2008
6. Attorney sent AILA Request last month on my pending I-140. Got AILA Response as below
"Talked with the I-140 senior officer this afternoon about this case. We both reviewed the I-140 and the issue with the substitution of the labor cert. It appears that the individual that had the labor cert originally, adjusted off of it. Therefore, we can not substitute it again for the individual listed below. I believe that he has one I-140 already approved and will have to stay with that priority date. Have a good weekend."
7. Based on this, my attorney told me that my first I-140 will be denied soon; but she said that my AOS will continue to be active based on my approved I-140.
8. As my attorney said, Today, I got an CRIS email saying that my LC Sub I-140 is denied.
I have couple of questions now:
1. I am worried about my I-485 since my wofe is working on EAD. My understanding is that if your I-140 is denied, then your I-485 is denied too. But, my lawyer says that since I have an approved I140, they will use that and she is quoting the AILA Response email also. Is it true? or she is just convincing me with her lies.
2. I can continue to check the status of my I-485. But, how can I verify my AOS is now tied with my approved I-140? Interestingly, my AP Renewal is approved yesterday and notice mailed (a day before my I-140 denial)
Please let me know guys. Your help would be greatly appreciated.
Thanks
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averagedesi
08-23 11:33 AM
Folks
My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.
USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.
Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.
My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself
Anybody in the same boat?
Thanks!
PS: if this issue has already been discussed please dont stone me
My EAD got approved on July 30th when my PD which is Mar 2005 for EB2 is not current.
USCIS issued the EAD for a year, called them up, they are asking me to send it back along with a fresh application.
Is there a process to get this straightened out? I call the USCIS number and each Rep gives me a different suggestion, one female was saying set up a infopass appt and they will help you out.
My current EAD runs out on Sep 19th and I dont want to mess with my EAD and create problems for myself
Anybody in the same boat?
Thanks!
PS: if this issue has already been discussed please dont stone me
more...
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bhatt
12-16 02:12 PM
A freind of mine had two years EAD and don't have H1 anymore. His drivers License was denied as EAD is not considered a valid document for drivers License extention.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.
This happened in Wayne , NJ.
I too will be going for the renewal soon. Did anyone else faced similar situtation. If yes, how did they resolve?
Try a different DMV. Some of the officers even does not know what is EAD or AOS. Recently I tried my local DMV it didn't go through then I went to Trenton, it was just a 2 min Job for them.
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kirupa
01-02 12:56 AM
Oh, I wasn't planning on banning any AS1 projects. I don't really care which version of AS people use. Sen could probably use AS4 if he wanted to!
I was just curious to know if our canadian friend was thinking of using AS1.
:P
I was just curious to know if our canadian friend was thinking of using AS1.
:P
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anilsal
01-13 10:47 AM
an infopass. The CIS official has a lot of information as to what is happening with the file. They can tell if someone is working on the file.
If infopass does not work, go via senator and ombudsman.
Best of luck!!
If infopass does not work, go via senator and ombudsman.
Best of luck!!
bsbawa10
05-10 09:08 AM
since there are so many threads discussing what we can and should do ..I thought that I would open this thread ..my red dots should send a signal that this is a serious issue. if USCIS were to act like this next year too ..then EB3 will become unavailable in march 2010 and EB2 will retrogress in june 2010 ..in other words HISTORY WILL REPEAT ITSELF ..so lets do something now (in addtion to helping IV) !!!
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
I think the only language that US understands is lawsuit otherwise everything is unfair. You can see that is why there is a lawsuit culture here. Every agency govt and non govt tries to cheat you be it car rental agency, be it movers be it USCIS. By default everything is taken moral in US unless proven by lawsuit or dictated by law.
Even if we loose lawsuit, it will make impact in the sense that the issue will get a lot of publicity. I am willing to donate to IV but not for nothing, not for flowers, not protests not for this forum either, I am willing to donate if there is some rigid action to be taken like a lawsuit.
waitin_toolong
10-30 07:07 PM
There si no such requirement, but I hope you mentioned the current address in G325
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