bradley emmanuel

Before posting, please ask yourself if it is worth taking the risk when all you have to do is to wait for months to get travel documents. It is a personal decision!!!

Hi All,

I had worked for a company from Feb 2006 to Feb 2007 on an H-1B visa. I had applied for an H-1B extension via that company as their software engineer. I was granted that extension. After Feb 2007, i started working at a different company.
I applied for an H1B transfer as a software engineer with my current employer on Nov 27th 2006 through a law firm in Michigan. And last year my current company applied for my GC process in October 2009 under EB2 CATEGORY but with the same designation software engineer [level 2 as suggested by our lawyer] .I obtained a Master’s of Science in Management Information Systems from (University of Illinois at Springfield) in 2008 .I received my I-140 delivery notice in July 2010 stating that they have received his I-140 and it is now in process. I also received an approval on I-131 and I-765 just 2 weeks ago, I got a notice asking me and my wife to go for the biometrics test. Moreover, yesterday i.e. Nov 9th ,I received the EAD card for both me and my wife but unfortunately the very same day I get this Notice of Intent to Deny for I-140 requesting for evidence .
The notice states:
"……..The record contains a form ETA 9089 received by the department of labor on October 2009, thereby establishing a priority date in this matter. The petitioner certified in part H of that form that the proffered position is that of a "Software Engineer" and that the minimum level of education required to enter into that position is a Master's in Computer Science, Management Information Systems, Information Technology.
However the beneficiary also filed a form I-129, Petition for a non-immigrant worker in November 2006 (when i was working for the previous company) as a "Software Engineer". It is noted that the beneficiary did not have a master's degree at that time.
If the beneficiary entered into that H1B employment as a software engineer without a master's degree, the labor certificate will be invalidated since the master's level of education was not a minimum requirement. Please submit the evidence that the beneficiary obtained a master's degree prior to starting work for the petitioner as a software engineer.
The petition may be denied based on the above information. However u r hereby granted 30 days from the date of this letter to submit to this office a written rebuttal to the adverse information."

Also please note that we recently applied for my H1B extension as a programmer analyst as our lawyer had applied with this designation last year.

Now here my questions:

1. I applied for my H1B transfer with my current employer as Software engineer in 2006; I got my masters degree in Dec 2008. After consulting with my lawyer I filed for my GC in EB2 category as Software Engineer level 2 in Oct 2009. Now based on this why do you think we got this RFE? Is this a matter of concern or can it be a mistake? How can we resolve this?

2. The USCIS has asked me to provide evidence of my masters degree in 2006, but that is not true, I received it in 2008, what I have to prove is that my new job requires me to have my masters degree. But how do I do that since my work title is still just a software engineer but level 2 and in my organization level 2 software engineer requires masters degree?!!!

3. What is the worst case scenario? Is there a possibility that my I-140 will be rejected? What should my next step be then?

4. What will happen to all my approved forms (I-131 and I-765). Will they automatically get rejected too if my I-140 is denied?

5. Has anybody else had a similar case like mine? If yes, Please post your case out-comings on this thread.

6. What will happen to my EAD card? Can I change my status to EAD now or should I just wait?

7. Also we applied for H-1B extension as a different designation [Programmer Analyst]. So will that affect my GC process?


We have 30 DAYS to respond to this RFE. If u have any suggestions or advice Relating to my case please post them here ASAP. Please help us out on this.

Thanks for a very good analysis. I was hoping someone will do it and my heartfelt gratitude to you for stepping up.

Thanks for the link!
Central Board of Excise and Customs (http://www.cbec.gov.in/)

Personally we never had problem carrying personal Jewelery.

thank you for repply.i try to stay legal here much as everybody but sistem work slow and put me out only for 3 monts. since then i fight to get my statu back .and i will get it back soon or letter.
thank you for tread me like humanbean.



and for others people here..
one day you can lost you statu here because you lawyer or some difirent raisen.. then you will fell how i fell..
i hope you guys get you gc soon..
no more post for me .goodby

You jerk, disappear in vacuum. I can smell idiots like even on the world wide web. Get out of here you ba$tard.



.

Thanks Folks,
I will efile today and I'll let you guys know how it turns out.

-Bipin

I agree as well as dis-agree.

numberUSA give this argument for all the immigration communities which I am sure is from a different perspective (xenophobic or race). They just don't want any immigrants no matter what.

I am talking only about this crisis and merely from economic point of view. About choosing based upon what is good for the economy and what is not.

Thanks,
M.

Many people like us want to do an automatic contribution. Can the website be modified for this. Setting up direct payment from bank account is more cumbersome as suggested by one member


thanks

My company is layingoff people. We have been through 5 rounds of layoffs. They have asked all the H1Bs to hold off until about 6 months after the final layoff is over. They have issued written memos to all my cols in H1B stating this reason. Truly unfortunate.

I just read the instructions on initial evidence on the I-485. Nowhere does it ask you for passport details - only for page with nonimmigrant visa, if obtained in the last one year.

Why are people asking questions about passport validity? What am I missing here - please enlighten.

Thank you.

Ams

Passport should be valid for more than 6 months for applying I 485.
If somebody can answer that would begreat

no ones ever sold a house on H1B or EAD? :confused:

Interview Date: Friday May 6, 2011
My Employment Model: E/V/C = employer/vendor/client. Working with the same employer for 5th year now and after initial H1b (3 years) this is my second H1 B renewal)
Visa Officer: A Lady
Visa Officer's comments to me: Everything looks good but we need to do some additional admin review.
Documents requested: The application packet my company gave me. These were returned to me at the conclusion of the interview which lasted for about 3-4 minutes.
Subsequent correspondence: after interview I got a couple of emails (one email per week) asking me to submit the documents (I129, client letter, and any supporting documents)
Current status: last correspondence via email was on May 13th, no response as of yet.

Am I experiencing this because of my employment model? Any comments from anyone?
Did anyone else have similar experience? Anyone from Southeast Asia?

I took some time to compile the list of INDIA only EB3 and EB2 categories for past 2 years and from the trend, it is very easy to predict the Oct bulletin.
It does not need a attorney or spies. You just need to work up the numbers.
I did this only for INDIA. Any chinese can complile it for China.



MONTH EB2 EB3
Aug 05 C 01APR01
Sep 05 C U
Oct 05 01NOV99 01JAN98
Nov 05 01NOV99 01JAN98
Dec 05 01JUL00 1-Jan-99
Jan 06 01JAN01 01JUN99
Feb 06 01AUG01 01JAN00
Mar 06 01JAN02 01JAN01
Apr 06 01JUL02 01FEB01
May 06 01JAN03 01MAR01
Jun 06 01JAN03 08APR01
Jul 06 01JAN03 15APR01
Aug 06 U 01APR01
Sep 06 U 15APR01
Oct 06 15JUN02 22-Apr-01
Nov 06 01JAN03 APRIL01
Dec 06 08JAN03
Jan 07 Jan03 May01
Feb 07 Jan03 May01
Mar 07 Jan03 May01
Apr 07 Jan03 May01
May 07 Jan03 May01
Jun 07 Apr04 Jun03
Jul 07 C C
Aug 07 U U
Sep 07 Jan03 May01
Oct 07 Jan03 May01
Nov 07 Jul03 June02
Dec 07 Jul03 Jun02
Jan 08 Jan04 Jun02
Feb 08 Jan04 Jun02

Here is my analysis.

Bulletin dates moves by six months as max jump for EB2 and 1 month for EB3.
Begining of New year in Oct, they conservatively pull back the numbers so as to flush out pending apps.
Now since they have already flushed apps in June/July, in Nov they will move EB2 by six months and possibly either stop there or make it one full year by moving it by another six months.
For EB3, they like to get it stuck at mid year so Jun02.

Guys, give a thought to this trend and see if you can guess more accurately.

Well they approved EB2 2004 cases in Jul so that means that if there is not a flood of EB2 apps with PD before 2004 the dates should stay in 2004.

First of all, you can go any consulate in india, which ever gives you earliest date.
Nowadays, one can get a visa appointment within 10days. But have you asked someone in india to pay Rs.4600 in HDFC bank towards visa appointment? You have to send the first 2 pages of your passport (scan & email or fax) so that someone can carry that to HDFC to fill the application. It takes 2 days to get activated in the system. THEN ONLY, you can go online and provide all the details, look for dates available. Once you select the option of "citizen of india, but working in US" it opens up option to chose from any of the 4 consulates.
Most important thing is YOU MUST carry the original HDFC bank receipt (yellow colour) alongwith your appointment letter (downloaded) and passport.
Make sure that YOU WILL take the print out of the application (2 sides of the same page). Yes even in delhi also, you can take your passport personally on the next day at VFS office (somewhere in delhi). but to do so, you MUST present the pink copy of the HDFC receipt

Good Luck
Thanks everybody for your suggestions. Unfortunately canada is not a option. I have sent an email to Chennai consulate for emergency appointment request. Have to wait and see how it goes. Will update you all with any information I find out.

Thanks

Folks,
Who receives the AP approval? lawyer or the beneficiary?

There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.

And why is that?
The misdemeanors could be NOT CMT....only CMT crimes are deportable or serious felonys right?
If the crimes are not crimes of moral turpitude then they are not deportable under immigration law?
Please explain your viewpoint as to why you think they would deport someone with a record of misdemeanors that are NOT CMT

You know these reporting back, reistating the status, etc takes lots of effort, money and time. I hate this kind of things. Why the hell we should pay for somebody's mistake?

On a side note:
If someone returns this kind of mistake-GC, then what will happen to the visa number? Will it get reclaimed and reused or go wasted?

The person I know who got GC before the PD was current, debated for sometime asked his lawyer etc... but it was whoever's mistake, they have got to honor it... he decided to keep the GC act dumb and njoy life.:D.. by the way even if you get a GC when PD is current they reserve the right to revoke... check with lawyer and decide for yourself !!!

I am in the same boat.
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline

congrats.

I emailed it. Thanks for starting this campaign.

Hi -

Does anyone have good or bad experiences with Indian immigration officers in the airport with AP while coming back to US?

I mean, do these guys know what an AP is?

Is it better to get the H1B stamping done?

I am sure folks on this forum will be going to India for the winter vacations, so any responses would benefit a lot of people..

what has indian immigration officer to do with AP and US immagration.....