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invincibleasian

03-27 02:03 PM

I received my Labor Certificate with PERM process. Right now, I can't continue the process for I-140 and I-485. My lawyer just found out that my degree is Master of Business Administration, while the Labor Certificate is based on Master of Science. My current position is Software Engineer.

My questions are:
1. Is there a problem of having an MBA and working as a software engineer? As my understanding, MBA and MSc are the same level.
2. Can I continue the case since I already got my Labor Certificate?

I appreciate your feedback. Thank you.
Amend the LC!

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krishmunn

03-07 03:50 PM

Just make sure your new job description somewhat matches the one on which your I140 was approved. I *think* the job descriptions have to match for PD porting???? IDK

Job description need not match for PD porting.

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4 of 19. Justin

Munna Bhai

12-14 08:20 AM

I have been looking to possible cause of getting RFE at I-140 stage and I came up with the following:

1.If your qualification doesn't match with the job description, like you have AMIE,Diploma,M.Sc 3 years courses but I-140 says Major required is Engineering or B.Tech(chemical) or B.Tech(mech) but working in Software.

2.Ability to pay, which means how many I-140 that company currently has and whether that is equally distributed for wages.

3.Ability to pay, which means have you submitted the required Tax document etc so that it shows company can pay future wages.


I would like to get more information so that others who are planning to apply for GC should take this into consideration.

Any inputs is appreciated.

Thanks,
-M

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fromnaija

09-14 01:26 PM

This issue was previously discussed here. In that thread I do not agree with user frostrated who stated that he reentered with an AP that was approved while he was outside the US. That may well be the case but I believe if CBP agents at the port of entry were vigilant he would have been refused entry.

http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1599409-parole-question-based-on-murthy-com.html#post1975354

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reddog

11-03 10:43 AM

I would be very cautious about her overstayin without getting the extension in hand.
I would still not do it unless it is a desperate situation, and there is absolutely no other way of handling it.
The overstay would definitely show up the next time she comes back in, ie, next time if the officer is good, he lets her in and everything is good.
If the officer is just doing his duty, he will not.
The officer will definitely grill her about her overstay, and if she is able to convince him about the hospital stay(i would keep records of the hospital stay), he can give her a short term visa.
And your mom-in-law mentioning the baby when she entered does not help at all.
Overstay is still handled in an adhoc fashion at the airport counters.
But I know of a friends mother who overstayed(did not apply extension) and was sent back from the airport next time she tried to come back(they even got a letter from the local congressman).

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14 of 19. Justin

cbpds

06-01 07:03 PM

Please note prefiling allows one to file their 485 papers but will not get an EAD unless ur priority date becomes current.

Satya & OP. I agree with you. Point # 3 is very significant to many many people who don't have EAD. I believe that nothing also happened to the pre-filing concept which would have allowed this. I also do very sincerely appreciate IV's efforts for the larger cause of CIR, let�s see what happens.

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daniel_leavitt2000

February 15th, 2004, 06:46 PM

Thanks for the tip. The other thing i need it for is for picture on the layout wich would mean i need it focused from about a foot to infinity. Unfortunatly all this stuff really does push th limmits of all non-professional grade cameras.

I did a search and came up with the Sunpak Pro 065. a .65x wide angle. Is this company reliable? and when using a wide angle will the fisheye affect be more pronounced?


Your experiencing an effect called Depth of Field(DOF). This is commen and usally you want to minimize it for effect but not in your case.

You will need to learn to use a DOF calculator, there is one on this site but it does not include the 2/3" sensor sive you camera has. A better one for you right now may be this calculator here: http://www.dpreview.com/reviews/nikoncp5700/page2.asp

Using this you can determine the distance you need, focal length and distance to subject to obtain the desired DOF. Currently on the wide end of your camera, you'll need to move about a 1.5 feet from the focus point with f8 to get the DOF you desire. If you get the WA adaptor you'll be able to move closer to about .9 feet from the focus point and still obtain the DOF you desire.

You'll never be able to be within 5 inches from the object and obtain the DOF you desire, it simply is not possible with you camera. As to which WA adaptor to get? I don't know. I've never used anything of the sort so I can not answer that question for you.

Scott

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randallemery

06-29 09:49 PM

It's next Wednesday morning on July 5th on Independence Mall in downtown Philadelphia. Give me a call or email me if you are interested. I would need to know right away though.

You can find my contact info here:

http://americanfamiliesunited.com/index.php?option=com_contact&catid=12&Itemid=3

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eb3_nepa

01-14 03:07 PM

Only H1 reform is likely by feb 15th.

Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?

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amsgc

03-31 03:05 PM

Thank you for sharing your experience.

I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.

Perhaps there are others who can throw some light here.
Ams


Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?

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pappu

12-24 10:44 AM

If you have a blog, pls post IV related messages, links, Banner ads on your blogs.
Banners are available at http://immigrationvoice.org/index.php?option=com_content&task=view&id=65&Itemid=36

Let us also list such blogs on this thread. Here are some blogs:
(1) http://immigrationvoice.blogspot.com
(2) http://iv-physicians.blogspot.com
(3) http://iv-tristate.blogspot.com
(4) http://dcrally.blogspot.com
(5) http://www.touchdownusa.org/
(6) http://skilledimmigrants.blogspot.com/
(7) http://www.touchdownusa.org/floral/FloralProtest.html
(8) http://www.tired-immigrant.blogspot.com/

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Munna Bhai

07-06 05:38 AM

I was in the same boat 2 years before , I opted for Kaiser and it costed about $200 per month.

What is Kaiser and how to get visitor medical insurance?

-M

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zephyrr

03-20 11:56 PM

Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.

I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf

Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.


withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..

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telekinesis

10-20 10:53 PM

Hellz yea, I hate those **** start things, beeps work well!

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HOPE_GC_SOON

07-16 11:47 AM

I second this: NO Link of Wage Level to EB2. what all matters is Qualification and Job requirement. That's what I heard from my Paralegal.


I agree. I am EB2 and my Prevailing_Wage_Level is Level II

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61 of 99. Justin

aug2007

02-24 07:53 AM

Thank you theshiningsun and chanduv23.

Chanduv23 - You are right. I'm working for a consulting company and the contract is ending.

I want to clarify little more.

1. Will I receive NOID, if my employer revokes I140? Can I avoid it by filing AC21 before my existing employer cancels the I140?

2. Can I travel out of the country without the job? Will it cause any issue at the Port of Entry, if I use AP to enter US (but currently doesn't have the job in hand)?

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pbuckeye

07-27 02:46 PM

I submitted all the documents except for the client's letter.


Can you elaborate on what other documents you submitted to prove that you actually work at the client site? Contract documents? Time sheets? Badge?

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puja101

07-11 01:24 PM

I received RFE today that says" your application contained form I-693 in which the required TB skin test was not conducted. Please note there may be conflicting information on some published form I-693 instructions regarding when the chest X ray Report should be performed. It is required only when the TB skin test indicates a reaction equal to greater than 5 mm, or when the reason for why the TB skin test is medically inappropriate to perform has been annotated on theform I-693. Please submit a newly completed form I-693 indicating the results of the required skin test.

On Form I-485 Part3 C list present and past membership in or affliation with every organization, fund.......If none, write "NONE" or include name of organization.....Provide your answer on the photocopy of FormI-485 (enclosed) with your signiture and the date next to your answer"

I did TB skin test in 2007 that came negative and it appears to me, civil surgeon did not updated results on I-693 form. Today, I got sealed envelop from doctor and she has updated TB test results conducted in 2007 on new I-693 form. Is that ok or I need to do new TB skin test? Please let me know.

On checking copy of original I-485, I had answered Part3 C with "NON" instead of "NONE".I have few questions on this:

1.Visa Office did not enclose photo copy of Form I-485 as was stated in the RFE letter.Should I send photo copy of original I-485 with correction and signiture on it?

2. Do I need to send them only this page of Form I-485 or complete I-485 form?
Please help.

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WAIT_FOR_EVER_GC

06-21 02:04 PM

suggestions? ^^^^^^^

1) Read the requirement of EB2. Find out who are eligible in this category (Experience and bla bla bla)
Masters Degree, Managerial Position, Bachelor + 5 years are eligible. I am saying this because my friends have applied in these three categories to be eligible for eb2.
2) Your new Labor (PERM) in Eb2 might take up 8-10 months.
3) Apply I-140, I do not know if we have Premium Processing for it.
4) Once I-140 is Approved you can port the EB3 priority date to Eb2.
In your case 04 Eb3 will be now 04 Eb2.
The I -485 will have the old priority date 04 Eb2.

Most of the porting that I have heard is done by jumping ship. You ask your new employer to file in Eb2 and after your I-140 is approved you apply the old priority to EB2.

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acsouza

03-20 07:15 PM

Yes I believe the HR department is wrong in this case.
The problem according to them is that they need to verify the picture on the document I provide with the picture that the E-verify system will show.

I am researching this further once I get some more information from DHS I will be arguing with HR again.

Thanks Euclid.

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willIWill

07-16 01:06 PM

now this is weird... aside from the poster's main question: why does uscis want proof of *continuous employment* since the poster filed for 485? all they should care about is the future job... isnt that right? why do they want employment history?

willIWill, can you please post the exact wording on your RFE regarding that point?
Chi_shark,

Here is the second point 'verbatim':

2. Please submit proof of your continuous employment authorization/maintaining status in the U.S. from 10/1/07 to the present. Such evidence may include copies of:

• Copies of both sides of your Form 1-94 Arrival/Entry Document;

• Copies of both sides of your Form I-20A-B/I-D (F-l students and dependants);

• Copies of both sides of your Form IAP-66;

• Copies of any Form 1-797 approval notice/notice of action;

• Copies of the pages in your passport which show U.S. visas. Immigration admission stamps or other endorsements;

• Copies of any and all Employment Authorization documents issued to you by this Service.

Please provide verification of your F-l nonimmigrant status in the form of letters and transcripts from any and all colleges/universities that you have attended. The letter(s) from the educational institutions should identify your inclusive dates of attendance, if you maintained full-time student status, along with a point of contact and phone numbers for verification purposes.

Photocopies of these documents must be clear and readable. It may be necessary to use a color copier to ensure quality copies.

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