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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.

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Thanks.

1. Submit degree evaluation again, if not submitted with I-140 application. BS+MCA qualifies for eb2, but it also depends on the wording in labor job requirement.

2. The job offer letter should mention 65k salary. Current salary 55k is ok, but it puts a very good question - if employer wants to pay you 65k after GC why are they paying 55k now? Before you say it, I know that GC is for a future job but getting less salary before gc approval makes employer less credible.

The question is - why 55k now and 65k when I-485 is approved? Are these 2 jobs different? If so, how and justify. The answer is not that simple.

Good Luck.


________________________
Not a legal advice.
US Permanent Resident since 2002

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Happy diwali to every one.
May the festival of lights fill your hearts with hope, peace and serenity

I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?

It has to be approved before you can start to work. You can go with premium processing so its approved within a couple of weeks.

Ok, thanks for the info...really appreciate it...will let him know to stay atleast 3-4 days and then leave.....by the way did u go to Ottawa for stamping or some place else in canada?

In addition to my above question can u please also tell me that if the visa officer told u after ur interview that u would need to come on friday to pick get ur visa stamp or did they jst say that they will inform him? secondly do u remember by any chance that if the visa officer told u that u would have certain # of days to come and stamp ur visa once they inform u that ur visa is ready for stamping?

This is the tute i was talking about..
http://robouk.mchost.com/tuts/tutorial.php?tutorial=pxbevals

Hi,
I am on OPT till August 2009.
However my F1 visa expires May 30 2009.
Also I do not have a job at present.

Does my OPT override the F1 visa expiration?Can I stay legally in the US till August even if I do not have a job?

Worried,
P

What will happen to people who already made the move hoping to preserve their priority date from previous employer? Isn't this unfair to these folks. Do you think they may be exempt from this? I wish at least.

Don't post for receipts people... IV people don't like it.

IV people will not like new threads on receipts. Use the lengthy "Receipts Thread" to your heart's content.

Please see my reply in red.

I have few questions regarding the visa and green card process.


1. Which documents are required to convert H1 to H4 while being in USA?

Ans : Pay-stubs and form I-539

2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?

Ans: Yes, no pre-conditions

3. What happens to my green card process if I convert to H4? I have my I-140 approved.

Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC

4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?

Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa

^^^^
Hello Folks,

We have an excellent opportunity to set-up an IV booth. Details are posted on So Cal yahoo group with the link in my signature.

Venue: Diwali Mela, San Diego.
Date: Saturday, November 10th.
Target: A whopping 5000 visitors for recruitment and educational purposes.

I am looking for at least 4 So Cal volunteers/shift to take responsibility for 2 hour shifts at the booth. If San Diego/Orange County/LA members take turns in the booth shifts that day, this goal is achievable!

PLEASE SIGN-UP on the yahoo groups spreadsheet.

Thank you in advance! :)[/QUOTE]

lol @ Bangalored
the existing jobs have been bangalored...

I don't think they are asking AILA for help. This looks like it was initiated by AILA.

Jeez! This is a really deplorable situation. USCIS has all the information and they are asking AILA for help? Why not just ask the guys who have their AOS cases pending? It's so unfortunate that this needs to be done.

thanks raysaikat for your response.

In your opinion, F1/F2/B1/B2 is not option to keep GC process alive.

I can not apply 485 if I am in India.

please tell me what are options then? Any Senior member or Attorney, please respond to this query.

thanks!

I checked with my lawyer, she did not received it yet.

i guess there are holding them back eighther to prepare for the case or to enter data into there sytem before the reject it

Hi,

What does 'RIP' Labor Substitution mean. Pardon my ignorance.

gc101.

Well done team IV! BTW has IV already published this email to newspapers? IIRC a free site like PRNEWSWIRE will also help :-)

PR Newswire is AWESOME!

If you feel IV is our only hope/interpreter, then lets fuel it.
We all know IV needs funds to operate and to drive our concerns.
I propose $100K raffle every month, result will be announced on the VB day, if VB brings bad news atleast our raffle may get a good one! :D
each ticket may be sold for $10 ,
$10 x 20,000 tickets = 200k
100k for IV , 100k can be split to top 10 winners.

Please take your poll above.

Experts can add suggestions to help it construct.

Thank you amslonewolf but i already had this one with me. At Mandal Revenue office(MRO) people are not accepting this format.

If there is any other formatt that will be great to me. Once again thanks for you help on this..

I think I had a birth certificate in native language(devangiri) and it had no name since I was named in a naming ceremony as per the customs and culture. I spoke to my attorney about this.She advised me that i get the BC transalated to english and for no name get affidavites by two people saying that the birth certificate was indeed me and i was named later as per customs and culture.I got affidavtes sworn by my mother and father.
Also I dont think that you should have names of both father and mother in BC . ninety pecenty of Birth Certificates issued in India only have fathers name on it.
This is my expereince but i would suggest please consult an attorney.

The letter is dated as
Date: Jan 8, 2008

and it mentions at the end

'You must submit the requested information within tweleve(12) weeks from the date of this letter. Failure to do so may result in the denial of your petition.'

so if we count 12 weeks from Jan 8, it is going to be 84 days which is going to finish by April 2nd.

If the RFE response reaches by say this Monday i.e Apr 7th will it be OK?

The reasons for delay are financial adjustments.

He is now going to send the tax returns for 2007 which has been asked.

inline...

Hi,

This is the 6th year of my H1B visa going on and my max out calender date is in June-2011 (including the days spent outside USA). My Green Card application was supposed to file last year but because of economy and job market situation, my Employer did not apply at that time. Now my Employer is going to start GC processing in July/August-2010. But as per the DOL rules, my GC must have been applied before 365 days of max out calender date, to qualify for H1Bb Visa extension beyond 6 years. I have the questions below in this regard:

1. What happens if Labor is pending (not approved) on 6 years completion? My Employer says, in this scenario I have to depart USA for one year till the PERM is pending. What does it mean? Could you please give some more details about this scenario.

no, you can get an H1 extension as soon as the labor is 365 days old. No need to spend one year outside unless you want to reset your clock. SO get them to file this asap (lets say they file in August), if your labor approval does not come on time, in June you would have to leave the US for 2 months at which point they can again extend your H1 from August.

2. Would I get qualified for H1B Visa extension if Labor is approved before 6 years completion (i.e by June-2011)?

If you can get your I-140 approvla also by then. Just labor approval is not enough (unless it is 365 days old which it wont be in your case)

Kindly consider my situation and answer to my questions. Thank you in advance. I am very much worried and unable to concentrate at work because of the situation.

Regards,
swashbuckler