martinvisalaw
09-08 06:13 PM
I know for a fact that you cannot count current employer exp for GC.
You can use experience with the same employer, but not in the same position as you note next.
If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Nobody could tell just by looking at the DOT job descriptions. Your actual job and duties are what is important, not any DOL codes or descriptions. if your duties in the 2 jobs are 50% different, you should be able to use the experience.
You can use experience with the same employer, but not in the same position as you note next.
If i start working for the same employer on 15-1031.00 Computer Software Engineers, Applications , is it more than 50% different in role so i can count my 3 years experience when applying my GC ??
Nobody could tell just by looking at the DOT job descriptions. Your actual job and duties are what is important, not any DOL codes or descriptions. if your duties in the 2 jobs are 50% different, you should be able to use the experience.
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morchu
04-22 02:02 PM
NO. It is not OK.
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
Macaca
09-14 10:11 PM
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thementor
04-14 11:21 AM
I apologize.This is my first post, I think I posted under wrong topic (Interesting Topic
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sanju
09-05 01:25 PM
I am sorry if this has been asked 100 times before and would appreciate if someone can provide a linky.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
Is it okie to have gap between AP renewals or is it a problem?
Thanks
-p
It is ok to have gap between AP renewals even when you are using EAD as work authorization. You are ok if did not apply for AP during the entire I-485 wait time, even if you are using EAD or used AC21 to change employer. You need valid AP only on the day you leave US, period of stay outside of US and the date you enter back into US when waiting for I-485 approval. In the same manner, you need not even apply for EAD if you do not plan to use EAD card or the gaps between EAD period is also ok as long as you are not using EAD as your work authorization, and you have other work authorization like valid H1/J1.
EAD & AP are just like Add-ons to your computer. They are not mandatory, but you definately want them at the time you want to use them.
Hope this answers your question.
manish756
04-12 03:23 PM
Gurus,
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
Today i received a mail(04/12/2009) .Uscis issued an RFE. I am still waiting for it in mail.
she is currently in india . coming back on 04/15/2009. will there be any problem for her while coming back. I am july 2007 filer on priority Date eb3 ( 04/23/2003). I have left my employer last year.My 140 was approved on feb 2007. what are my options.
Thanks,
Manish
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QuickGreenCard
04-27 07:23 PM
Hi All,
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
I have filed an extension for my parents B2 Visa. I have got extension approval but only got I-94 for father and did not find I-94 for mother. I did attach Supplement-I with my mother's details.
I just happen to look at my application, I-539. I found that I checked the following:
Members of my family are filing this application with me.
The total number of people (including me) in the application is: 1
Is it customary that I only receive I-94 for the principal applicant (in my case) and don't have to worry about?
If not, please share your thoughts. Do I need to file seperate application for my mother at this point?
Thank you all,
Sri
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cooldudesfo
12-25 05:11 PM
Thanks Anil.
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Tommy_S
04-15 11:38 AM
Is this an engine? Couldn't understand, at first. The font is way too simple for the stamp. :hat:
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WaitingUnlimited
01-20 12:51 PM
I think you should be honest and mention the details correctly.
Your company needs to file the immigration petition. So mention your company's name.
Good Luck
Your company needs to file the immigration petition. So mention your company's name.
Good Luck
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satishku_2000
08-17 04:04 PM
Has any one ever heard of 140 denial due to less percentage of marks secured in graduation.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
Job desc is the key, Hope you are talking about a hypothetical scenario. if you are talking about a real scenario you need to take a look at job requirements and desc. If the case is a substituition case then proof of burden is on employer. I think if we are talking about a real scenario then one should get an RFE before a denial.
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wandmaker
12-05 08:28 PM
I don't have enough time to get my status changed from USA.
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
Chances of F1 denial is very high, if you apply from Mexico or Canada since it is going to be first F1. If at all you want to apply F1 outside USA, it is advisible to try at home consulate - still you will have to convince the IO that you do not intend to immigrate (which you may not be able to do it as your spouse is already here). Both options, in my opinion, big NO NO
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beautifulMind
11-25 05:36 PM
The only difference is if you work for the univ on a cap exempt H1b and than transfer to industry on a cap H1b then you would have to go through the lottery or masters quoto whatever applies...however there is a loophole in this and I have read somewhere that when you apply for a transfer for a cap exempt to cap subject USCIS have goofed up and let it go through
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Rockey
02-29 02:37 PM
Okay..That means..we need to give A# also without fail?
I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:
You have given Yes to this questions right ?
If I don't mention my A# would it be okay? or will they find out by some other ways?
I am afraid my company will ask for more details if I disclose this information that's why i want to give No for these questions..:mad:
You have given Yes to this questions right ?
If I don't mention my A# would it be okay? or will they find out by some other ways?
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probe
09-04 02:25 PM
Some had mentioned in immigration forums that you might be grilled with questions during naturalization process if you had changed employer as soon as you got your GC.If you are not planning for naturalization I assume you are fine.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
A 6 month stay with current employer after GC is advised for a smooth naturalization process in future.But this is dark area as there are no posts from GC turned citizens about their experiences.
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anilsal
01-14 12:10 PM
Please meet the lawyers and get their opinion. If all of them say the same thing, then that is the option. If they have differing opinion, then check back via immigration forums.
Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.
Most of the folks at IV have applications based on employment and not based on marriage. So you may not get good answers.
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martinvisalaw
07-29 02:51 PM
hello, I am in a F1 status for about 3 years, I have been working and filing taxes. I am going to get married to a USC and apply for a green card through it. I want to know if I can have any problem in the aplication since I've been working without authorization.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
Once you entered legally you should be able to get permanent residence even if you worked without authorization. Please see this blog post: Law Office of Elaine Martin - immigration news: My spouse is "illegal" - what can we do? (http://martinvisalaw.blogspot.com/2009/03/my-spouse-is-illegal-what-can-we-do.html).
Second in concern to the affidavit support how much should I show and who has to fill these forms since my future wife is unemployed.
Another common querstion so I blogged about this also: Law Office of Elaine Martin - immigration news: affidavit of support (http://martinvisalaw.blogspot.com/search/label/affidavit%20of%20support)
Third in case my wife file for bankruptcy in the future that could affect me and if it does how can avoid this. By the way I live in florida.
This is not an immigration question. You should check with a family or bankruptcy lawyer in Florida.
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lazycis
07-01 04:50 PM
You need to push the issue with the USCIS. Call customer service and request to be transferred to immigration officer. Plead your case, request them to send FP notice for your son. Take an infopass if phone call does not do it. If notning helps, sue the USCIS on behalf of your son and you will get his GC within 2 months.
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paragpujara
10-26 09:01 AM
First of all you need atleast one pay check from yr current employer for h1b transfer and since yr change of status is not approved yet I guess you can't work for yr employer and you won't be getting paid. I guess the best thing for you is apply for change of status for current employer, get it approved, work for the same employer for atleast a month and then apply for h1b transfer. Hope this helps.
India76
07-14 02:29 PM
Thanks for the reply...
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
roseball
01-07 02:10 PM
Anybody who had an I94 issued only till the validity of the visa and not until the I-797? At the POE the guy simply wouldn't understand when I tried to explain to him that I have an extension (797) valid from 4/10 t0 4/11. He gave me an I94 only until 4/10. I read that people go for deffered inspection and get it corrected. Anybody who did that in a similar situation active in IV now? Any suggestions on how to proceed? do you go to the nearest international airport or an off-airport location?
Its common for IOs at POE to do this. Their side of the explanation is that they cannot give you an I-94 based on a I-797 which will be valid in the future. They have to go with a currently valid document. Like others suggested, you will have to either re-enter US immediately after the current I-94 expires or go to the nearest intl airport and get this done by defferred inspection.
Its common for IOs at POE to do this. Their side of the explanation is that they cannot give you an I-94 based on a I-797 which will be valid in the future. They have to go with a currently valid document. Like others suggested, you will have to either re-enter US immediately after the current I-94 expires or go to the nearest intl airport and get this done by defferred inspection.
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