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citizenry does not matter...but country of Birth does..If she was Born in SA..then u can change ur chargability.

Congratulations on being greened !

Don't listen to those who would tell you that you need 5 years after your degree was awarded. TALK TO A FREAKING LAWYER.

Simply untrue.. The magic word is: progressive, progressive, progressive...

From horse's mouth:

http://www.immigrationlinks.com/news/news215.htm

(see example from the above link below). If you file EB-2 without MS and your 5-years of experience is not post Bachelor's (or the underlying job doesn't require 5-years of post Bachelor's experience), your I-140 will be denied. If you file it, and it doesn't get denied, then the adjudicator made a mistake and consider yourself lucky.

EB-2 is Masters or BS + 5 years of progressive experience. Both for job requirement and alien qualification.

From the link:

The following are examples of actual statements contained at blocks 14 and 15 of the ETA-750. They are by no means exhaustive. Their inclusion here is intended to simply illustrate concepts discussed in this memorandum.

Position 1: Staff Software Engineer

ETA 750 Item 14:

Education - B.S. (or foreign equiv.) comp. science, elec. eng., or related field.
Experience - 5 years job offered or 5 years related occupation software engineer.

ETA 750 Item 15:

Exp. must include: design & development of major software subsystems; RDBMS internals; operating system internals; complex systems software design; symmetric multiprocessing and large scale network systems.

It is unclear whether this job requires 5 years of experience following receipt of the baccalaureate. For this reason, the adjudicator should request that the petitioner provide a supplemental statement clarifying whether the position requires five years of post-baccalaureate experience that is truly progressive in nature. If the supplemental statement establishes that the minimum qualifications for the position require a member of the professions holding an advanced degree and, assuming the beneficiary possesses these qualifications, the petition should be approved.

hi Super_Moderator,

Why cant we try to add now..instead of waiting for later time..to add this ammendment thru some senator or somebody for filing 485 during retrogression...

just to know whey we need to wait for later to add this...

Guys,
This is a complex issue. That one point may have been the reason S-1932 did not go thru. It gives an impression as if 1/2 million employment based G.C's will be dumped into the market, but in reality the USCIS is able to process around 200k G.C's per year.
The current provisions in the CIRB target several areas and likely to keep the dates current for EB-1,2,3 current for a couple of years.
Our consultants have advised us well in this regard, if they have done so.
--MC

Waste of time. How many PhD's are there as compared to the others? There is already EB1/EB2-NIW for them

Have you forgot how many visa numbers the EB1A/EB1B/EB2-NIW consume...if they are not counted it will free up 10-20k visa numbers annually at least...

jayleno: there is nothing funny about this situation so no need to make jokes on him. He just told him about sending wife to India, because that guys uername says Atul which hail from India and not srilanka or pak or bangladesh.

Buddy,
Are you trying to create a problem or solve one? If I were from Sri Lanka, why would I send my wife to India? If we start following your advice, soon many husbands would be leading a single life for being laid off.

honest opinion, talk to a good lawyer about this. your case is unique so dont depend comments from us. Companies have always used the carrot and stick aproach, with GCs, its just our luck that we roll the dice with this process and how we are exploited. You can stand your ground and negotiate with your firm, to a certain extent they need you too. Your I-40 is owned by the company, so they are the ones sponsoring you. Besides your current lawyers will probably have all your papers and approvals. Our lawyer did not even give us the I 140 number as we did not file it. I guess you might need all the 140 papers when you file for 485

We are all proud of our accomplishments, EB2 or EB3 or EB1 , the degrees we have earned, the jobs we do and the achievements we have in our career. The relationships we have made and the list goes on.
I don't think being in a category of EB GC queue should define if you can be proud of an EB3 immigrant.

You almost make it sound like did a EB3 applicant become a "slumdog millionaire" ? :)

Just got email from Buffalo Can Immi Office - Just the Principle applicant needs to take the IELTS test.

What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?

Your question is very short, but this is what I understand you are asking:
If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.

As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:

1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.

2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).

Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.

Good Luck.

Thank you Mark!
You did an excellent job. Your explanations were very clear and probably made sense for someone who is not familiar with EB immigration issues.
Thanks!

^^^^^ Bumping up

Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.

Thats correct.

Every one can interpret them to their own way and can decide whether its deductible or not. Any thing related to business expenses, if IRS were to question the tax payer, IRS will ask for written substantiation from the employer. Guess what happens! The same CPA who told all these rosy stories and got a decent percentage on your fattest return simply tells you to get that letter. With out all that documentation, I doubt they will fight the audit.

Hi,

I send my AINP Application package on 18th March (H1-B worker stream) and was received by the AINP on 20th March. However I have not received any confirmation or a file number yet since it takes 2 months. Any idea if my application will be considered according to the current policies or according to the new changes that are coming up on April 15th?

Please let me know.

Thanks.

Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.

Thats the spirit

I will support IV even i have Gc .GO IV.

Hi Prem,

As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:

"Q10: Who is eligible to use the H1B "portability" provisions?

A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.

Q11: Are there any other limitations on the portability provisions?

A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."

However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.

Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.

Hope this information is helpful.

Ann

WOW...its amazing to see how a simple thing (in my opinion) like volunteering can be such a big deal.

While it is legal to work on a L-4 why are H-4s not allowed to work? Beats me!

yes - unfortunately that's how it is. The simple funda is "never work for free". it is a competitive and exploitative world - I have seen so many people working as volunteers coming as contractors for 2 months , 3 months work - they get hired by unscrupulous managers who want to get work done for free. They are promised employment after 3 months contract and all sweet words ... this happens in big companies too - they will use and throw you to keep their job. Many a time they may not even acknowledge that you were there.

Keep looking for a job and work hard towards a job - you will definitely get one.

ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
My sincere advice, DO not even think about it ..

Hi pd_recapturing,

Can you please elaborate on your experience. This is an issue very close to my heart as well and possibly benefit lots of other folks on this forum.

I personally know a fried who in fact benefited from PD porting and got his GC sometime in 2007 beginning. He had a EB3 PD of 2001 which he used for his EB2 application with another employer.

Thanks Vamsi for your advice....I have not checked with the CIS yet...i will do now. Thanks for your time

Required documents for H1B Visa renewal lists the previous employers experience letter...

Please advise me....

Thanks,
Sangeetha K

Where are you reading this? As I mentioned, an experience letter should not be needed for a H-1B visa application.