bradley emmanuel

Hi Did anybody else get response as background check and what is there experience

vote

Hello,

I just received RFE for I-140.
I-140 Details:
I have applied I-140 under EB2 India.
I have BS(3 years) with computer science & MCA(MS 3 years) in computer science. So total 6 years of education in computer science(3 yrs BS + 3 yrs MS).
Also I have 1.5 years(18 months) of experience after completing my MS. I have submitted my experience letter at the time of filling labor But USCIS didn't ask anything regarding experience.

In labor(PERM) we mentioned Masters required
& Major field of study is Computers.

Do I qualify for EB2?? Plz let me know.

RFE details:
1) Degree evaluation(what's the procedure?)
&
2) They want most recent W2 for 2007.

In 2007(W2) I got paid $59K(gross) & in LCA(H1B) prevailing wage mentioned is $55k.

In labor(PERM) prevailing wage mentioned is $63K & offered wage mentioned is $65K.

Difference between W2 & Prevailing wage in labor(PERM) is $4000($63K - $59K).
Difference between W2 & Offered wage in labor(PERM) is $6000($65K - $59K).
Is this a serious problem???

My labor already got approved.
My company is financially very good.

Now which wage USCIS consider or match with W2??

I will really appreciate your response.

Thanks.

The way education system is set here they always want to see 12+4+2 pattern. Now when you say 12+3+3 which adds to same it is true but you will have to get some proffessional degree evaluation service to break down your BS and MS degree by course and credit hours and prove that it is equivalent to US degree's. Also I am not sure what university / institute did you get your degrees from. In case they are well reputed then it will make the task a little easy.

Once again thanks for your reply.

Yes University is very reputed from which I did my Masters & Bachelors.

Thanks.

Can somebody please help me by answering my Queries.

Thank you very much.!

Thank you.

If we should apply for a fresh PIO card, should we pay the full fee again? We already paid USD 275 for the OCI card. Did you get any clarification from CGI on this?
Did you apply for a renewal of OCI and got reply from CGI-Chicago or you applied for PIO directly?

Thanks a lot for your kind help.

Being from ROW, porting PD is least of my worries because PD for EB2 ROW is current so I don't really have to port my PD. My only concern is if I have enough time to get my I-140 approved from the new employer so that I can continue to extend my H1B. From my calculation above, there is enough time but I am not sure if have missed any steps or miscalculated the processing times.

As for EB2 from the current company, that isn't working out well hence the drastic measure to move company.

I am not sure about the time frame, but your worst case scenario will be if your old company revoke your I-140, then you can't port your PD.

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?

It quiet common that each office follows different rules.

No harm in trying at different offices. As someone suggested take the printout of the valid identification cards and you should be all set.

Here is e.g. for 2002 again this excludes schedule A here is the breakdown for india

EB1 - 3K
EB2 - 21K
EB3 - 17.5K
EB4 - 0.3K
EB5 - 0
EB Total - 41K

Am I missing something?

You are missing this:

The large number of LPRs in the EB in 2005 was primarily due to the AC21 Act of 2000, which recaptured 130,107 unused EB visa numbers from 1999 and 2000 to be made available to 1st, 2nd, and 3rd preference EB immigrants once the annual limit had been reached. Approximately 94,000 of those recaptured visa numbers were used in 2005. None of these visas were used in 2006. In addition, the REAL ID Act of 2005 recaptured 50,000 unused EB visas, 5,125 of which were used in 2005. In 2006, 33,341 of these visas were used, exceeding the 2006 employment preference limit of 143,949. The majority of the visa numbers recaptured by the REAL ID Act were issued to individuals whose country of origin was the Philippines (57 percent) or India (22 percent).

So does CA....

situation is quite different from CA. True, for first time driver's license, you have to show legal status proof. But, you are issued license for 4 years, irrespective of when your current status expires.
For DL renewal in CA, it happens by mail. You once again get 4 year license. No status proof required.
There is definitely no concept of different form of DL in CA where an officer will be able to receogize from the DL, whether is PR or not, as has become the law in Texas.
CA is quite cool with respect to DL renewals.

Its really bad out there.... take it from someone who was just laid off. It took me around 2 months to get a new job and that too at a lower salary and in a neighboring city where I am now faced with a 2 hour commute each way. So no, its definitely not as rosy as you think.

That being said, if you are good at what you do you will find a job. It may take a while but if you are truly good then you will be ok. I completely understand the need to maintain salary levels to ensure career progression. That was the main reason I left my original GC sponsoring employer who while being great with everything else, just wasnt a good enough paymaster and that led folks to believe I wasnt really that good when I would mention the work I was doing. In hindsight, I wouldnt have had to scramble like this if I had stuck it out at my old place. But c'est la vie.

As some folks mentioned, try and get a feel of the market. Attend as many face to face interviews as you can and refine yourself as you go along. And dont accept anything in haste. A good thing is that a lot of recruiters told me that when the market gets better all the folks who were forced to take paycuts will easily be able to justify the lower salaries they were forced into accepting at that time. So, even if you do have to take a paycut, it wont hurt you for long as long as you change jobs when the market gets better.

Good luck!

WOW. Stealing $30 worth of stuff makes her so bad?

I wonder what stealing from an employer by leaving early from work would mean.

You are beyond hopeless.

Here people are putting more than 8 hours a day. Many are doing twice the job. Doing Administration and development, development and support and what not. Employers do not want to recruit a new one. Have thrown all the stuff on poor H1Bs, can't run away just have to work hard to keep the status.


Which company which let you go early in the current economy? This kind of statements are an insult to all the hard working guys on this forum.

Case resolved!!
All is well that ends well. Well my case got reopened, new RFE sent, and case is approved once the RFE resposne is submitted.

Reason given for the denial of the case is abadonded RFE, even though no RFE was sent in the first place.

I leave it up to one of you guys to make a non-animated :smh: smilie.

http://kirupa.templarian.com/smh.gif

The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.

Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...

Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.

desi3933,

Only if "if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section"

In this case they are eligible for FB2A. So it nullifies that.

again “respective subsection” is not referring to primary’s subsection.
same status = parolee, denied etc.
same order of consideration = PD order.
respective subsection=the respective/related/corresponding subsection of derivative not the primary.

This point was already discussed on member's and donor's thread with same subject.
Member thread: http://immigrationvoice.org/forum/showthread.php?t=25432
Donor thread: http://immigrationvoice.org/forum/showthread.php?p=340449

This thread is for lawyer's thoughts. I appreciate you post your thoughts on the above member/donor threads and let us keep this thread for Attorney only.

Thanks.


INA 203(d) Treatment of family members

A spouse or child as defined in subparagraph (A), (B), (C), (D), or (E) of section 1101(b)(1) of this title shall, if not otherwise entitled to an immigrant status and the immediate issuance of a visa under subsection (a), (b), or (c) of this section, be entitled to the same status, and the same order of consideration provided in the respective subsection, if accompanying or following to join, the spouse or parent.


This means that if primary beneficiary is using visa number from EB(2) classification then dependent(s) will also be using same classification as primary beneficiary (i.e. EB(2) in this example).


______________________
Not a legal advice
US citizen of Indian origin

Let us boycott CNN to protest the unjust presentation of immigrants in their news. I can't comprehend why a big and reputable network would support a show like Lou Dobbs. Lou dobbs and his minions has been spreading lies and hate about legal immigration. The sad part is that the ordinary American would believe them since they are part of a big network, CNN -- supposedly a moral and ethical news company driven to tell the truth and expose injustice. Everyday we try hard to be a good citizen, build a good reputation, and work hard for the betterment of this country but everyday too, Lou Dobbs and his panel of experts ruins everything that we have gained. We cannot ignore this negative publicity anymore. I used to watched CNN ASIA and truly believe that they were the best international network -- they were fair and unbiased in their reporting. But CNN US seems to be a different animal, their seems to be an underlying current of hate hiding and pretending to be patriotic. So, I would like to ask IV core to add this to IV's strategy. Let us spread the word that CNN/Lou Dobbs is anti-immigrant and should not be patronized. Tell your friends and family and let them spread the word. We should also boycott all CNN-related companies i.e Time, CNN ASIA, etc. since they are part of the same animal. We should start being vigilant and fight back on things that are hurtful to us but in a peaceful way.

As per today I have an H1b visa, I have my I140 approved, and my 6th year ends on April 25, 2008. My actual employer have gave me a contract that says that upon I become a permanent resident i will have to work for him for 5 years, then if I quit after the 5th year or before I will not able to work on the same industry on all the united states, also mention what my salary would be but there is no mention of increase. Since I will have to wait until my residence at least 3 more years, that means that I will have to work on these conditions for 8 or 9 years.!!!!

I do not know what to do , this is almost illegal (I think !), do I have time to change employer and do again my visa, and I140, so I don't lost status ??
If you have a copy of ur LC and I140 you are good to go. Any one can get a 3 year extension on an approved I140. If the rule comes in that you should use ur labor within 45 days of approval. There is nothing ur employer can do to you. If you do not have a copy try getting a copy of your labor and I140.

UK requires an advance parole while coming back to the US. We recently travelled to India on an expired H1 and H4 visa (I have H1 extention approved but the passport has the old expired visa) via London. We did not had any issues. But while coming back we were re-routed to Frankfurt as we did not had the transit visa.

I recommend going via Frankfurt. You can double check the transit visa requirements with German Embassy as well.

did u have FBI name check cleared...?

Were u actually BORN in INDIA????

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.