immique
06-18 07:54 PM
Thanks all for the various responses. However, Immique, what kind of RFE can be expected @ 485 stage?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
Also, I have moved to Biz Dev from an engineer after my Labor. I now have my 140 and EAD. Is there any risk because of my change in role?
I am just giving a general idea of what the process might be. many people get RFEs for no good reason. In this particular instance for example the work experience may be questioned and also the job duties and how much they are different (including difference in pay) to justify EB3 to EB2 conversion. many aspects that are generally overlooked will attract more scrutiny as the application becomes more complicated as they have to review both the applications in detail.
Moreover, lets say the number of EB2 applications every year is about half of the number of EB3 applications or lets assume the average number of EB2s every year in the last 5-6 years was abut 30,000 per year and unusually if this year the EB2 applications go up to 60,000 and 30,000 of them are actually EB3 to EB2 conversions, that in itself will trigger a red flag to USCIS and will lead to increased scrutiny of all those applications that may have been converted or are filed after the visa numbers became unavailable. My intention is not to discourage anyone moving from EB3 to EB2, but am just advising that you do it right and take the help of the lawyer, because by chance if you get an RFE, you do not want to be answering it yourself. let a professional lawyer handle it. if you are confident that you have a high likelihood of success then go for it, but don't listen to all those that say it is very easy. do your own assessment and decide for yourself. in the end it is your greencard application and not theirs. you always hope for the best outcome but remember you have to be well prepared for the worst possible outcome if it happens. what did life teach you so far?
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veereddy
08-18 10:56 AM
Few years ago, USCIS did approved EB2 with 3 year degrees.
But now they are very strict. They are refering into EDGE (Electronic Database for Global Education) database, created by American Association of Collegiate Registars and Admissions Officers (AACRAO) which didn't equate 3 year Indian degree with US equivalent bachelors.
Check thier website AACRAO - American Association of Collegiate Registrars & Admissions Officers (http://www.aacrao.org)
Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?
But now they are very strict. They are refering into EDGE (Electronic Database for Global Education) database, created by American Association of Collegiate Registars and Admissions Officers (AACRAO) which didn't equate 3 year Indian degree with US equivalent bachelors.
Check thier website AACRAO - American Association of Collegiate Registrars & Admissions Officers (http://www.aacrao.org)
Would 3 yrs bachelors and 3 yrs masters (MCA) with 10 + yrs of experience qualify for EB2? Is there anyway we can check in that EDGE database?
go_guy123
05-09 09:44 AM
It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
There has been years if not decades of abuse of US visa by most IT consulting/services companies. Eventually it reached epidemic proportions and eventually we are seeing a massive crackdown.
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Fightwithfate
03-19 08:15 AM
1. Read this pdf. http://www.uscis.gov/files/article/E1eng.pdf This should answer your questions on H-1B
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear
2. Documents are needed to demonstrate that offered job is of specialty occupation and the beneficiary meets job qualification. It also has checks for employer who is offering H-1B job.
3. Pay stubs are needed so as to prove that beneficiary is maintaining valid H-1B status when another H-1B petition is filed.
4. Client Letter is needed so that Employer (petitioner) can demonstrate that the proffered position qualifies as a specialty occupation, or that the petitioner has complied with the terms and conditions of the LCA.
H-1B is not for any job. The job must meet requirements for H-1B. Read the pdf mentioned above.
I am sorry that you feel like sl***, but you do have option of changing the job if you don't like current job and you feel like s****.
Thanks for sharing your "sad" story!
________________
Not a legal advice.
Looks like you got angry.Everybody knows H1 requirements as much as you do.Do you think are the only one who is smart in this world.I don't think so.
You haven't answer me the question"What if your H1 is denied once you started working with out its approval" which I replied in your first post.
Also you have replied me that H1B is not for speculative job.If it is true then what is the need of H1 Change of employer.Can you inform USCIS to remove this option.
When your H1 got approved first time the same USCIS verified your Educational certificates.Why they want to do the same verification again and again?
I advice you to read murthy.com articles which sometimes point out that USCIS document were not clear
more...
ss_col
04-04 02:22 PM
To be frank, I was not aware of this loophole used by L1s so it came as a shock to me when I came to know of it. Anyways complaining will not take us far, action will. I will call my lawmakers. Does anyone have a list of lawmakers based on state or city.
eagerr2i
02-07 04:02 PM
This came in the newswire today about the challenges being faced in UK amongst the people who entered UK under the high skilled immigration program. Do do our stories in US have any similarity here?
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
http://timesofindia.indiatimes.com/Disenfranchised_Indians_take_to_streets_in_London/articleshow/msid-1142198,curpg-1.cms
more...
kumar1
10-02 08:51 AM
I will not travel through London, does not matter if I need a transit visa or not. This practice of imposing transit VISA is fundamentally wrong and I am not going to buy it. Transit VISA is for those who wants to go out of the airport for less than 24 hours. It should not be imposed on those who just want to sit and wait on the airport for their connecting flights. So....use your economic power and let them feel the heat.
2010 Here is the beautiful Kim.
fromnaija
09-27 12:50 PM
I wonder the reasons for Switzerland to be #1. Its a small country with minimal immigration and not much resources. Key revenue might be from Tourism. They are not known for scientific work etc.
... Maybe swiss bank accounts are key to it ! ;)
You got that right! Swiss bank accounts of corrupt third world country leaders are the key.
... Maybe swiss bank accounts are key to it ! ;)
You got that right! Swiss bank accounts of corrupt third world country leaders are the key.
more...
abhijitp
11-20 05:19 PM
No. It is not from IV Core again. Once Core team makes their decision on this they will post it separately.
This is confusing.
In the meantime, IVMovies, please update your IV profile as Pappu requested in that thread.
This is confusing.
In the meantime, IVMovies, please update your IV profile as Pappu requested in that thread.
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saro28
12-10 06:44 PM
Congrats! I tried the same like you, so far INS didn't respond.
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
My PD 12/2001 - EB3
My wife's PD 12/204 -EB2
Filed cased independently back in 2007 (pre & post july fiasco). In september lawyer sent
a letter to INS with marriage certificate to adjudicate both the cases together. By september end INS promptly approved my wife's GC. When I spoke to INS over phone, they mentioned the letter is of no use, since my wife's case is approved.:confused:
Any suggestions how to proceed. Out of job now, moving on to EAD from H1 after 10 years!
more...
gauravsh
07-20 10:19 AM
My college got his I140 approved just in 2 months with normal processing. He filed in EB2-I. Mine was also approved last year in 2 months in EB2-I. Does the location from where are you applying affect processing time?
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sam_hoosier
11-15 10:16 AM
There should be a separate quota for Master's degree holders with existing jobs in their field of study. That would weed out people joining random schools for a Master's degree just to be part of that quota.
more...
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baburob2
02-28 01:45 PM
great work guys. keep it up.
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kevinkris
10-06 07:58 PM
It's good that indian american is heading the bailout which is by far the largest government intervention of free markets in the history.
It's bad that 6 family members were died. He should have filed bankruptcy and head back to india atleast. MBA in Finance would definitely will get him a good job. May god rest their soles in peace.
It's really unfortunate.
Everybody has troubles, See people in somalia and other places. They don't have anything to eat also. They are surviving for their livelihood. If there is a legitimate cause for a suicide then it's OK. And even he doesn't have right to kill other members in the family. Period.
And i don't see any suspicious activity that outsider killed them as that person is out of job from 6 months.
Any thoughts?
It's bad that 6 family members were died. He should have filed bankruptcy and head back to india atleast. MBA in Finance would definitely will get him a good job. May god rest their soles in peace.
It's really unfortunate.
Everybody has troubles, See people in somalia and other places. They don't have anything to eat also. They are surviving for their livelihood. If there is a legitimate cause for a suicide then it's OK. And even he doesn't have right to kill other members in the family. Period.
And i don't see any suspicious activity that outsider killed them as that person is out of job from 6 months.
Any thoughts?
more...
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kumar1
11-13 09:31 AM
Dude, You can use I-94 card as a toilet paper when you take the very first exit in Canada. You are leaving for good! Do not worry about it. Meanwhile, congratulations for taking this bold step and moving to Canada after 6 years of H1-B. I wish you well.
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diptam
07-13 11:17 AM
There were speculations that AUG bulletin will be released at 1 AM EST , then 2AM EST , then 10 AM ESt , then 11 AM EST....
None of the speculations came out True - Anyone has any idea when AUG Bulletin will actually come out ?
That's the key word here. ....I don't believe in "reliable" sources. I need to see the outcome.
None of the speculations came out True - Anyone has any idea when AUG Bulletin will actually come out ?
That's the key word here. ....I don't believe in "reliable" sources. I need to see the outcome.
more...
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omahaguy
04-05 10:07 PM
I agree with you. I was bit tense to see RFE email since it is my first RFE. I will try to avoid giving urgent words.
Thanks anyway for your reply.
Thanks anyway for your reply.
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desi3933
07-28 04:12 PM
You are incorrect. I suggest, you talk to attorney.
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
It also depends on the state where contract/agreement was executed.
____________________
Not a legal advice.
It appears that most of the one sided agreements mentioned above are not legal. For eg if in ur offer letter u have 2 weeks of notice period from your side and company says they can termniate you without any notice period then its not legal.
I think only 2 side agreements are legal and all other agreements even if you sign are not legal.
(pls confirm with ur lawyer ...)
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mirage
03-19 03:39 PM
Nothing at all for Green Card mess
waitingnwaiting
05-09 09:28 AM
I disagree with waitingnwaiting. I had got 221G about 5 years back. I work for one of the fortune 500 company and had all the paperwork sent by our company's professional law firm. US embassy randomly picks application for processing. It took abt a month to get the approval. As long as the application/documentation is correct and there is nothing to worry.
I would suggest to spend more relaxed time with family or going out which we rarely get with 3-4 weeks vacation.
It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)
I would suggest to spend more relaxed time with family or going out which we rarely get with 3-4 weeks vacation.
It does not matter if you work for fortune 500. There could still be fraud or suspecion. Read Indian IT cos face US visa fraud woes - Corporate News - livemint.com (http://www.livemint.com/2011/04/11164715/indian-it-cos-face-us-visa-fra.html)
waitnwatch
05-06 01:49 PM
It is true that the community colleges(A) and Arizona board of regents(B) set the guidelines but they have to follow Arizona Statutes which state that people with lawful immigration status are entitled to instate tuition. Therefore if (A) and (B) are not on the same page one could raise questions.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
I am providing below the statutes as well as what the Arizona Board of Regents say. It appears that the Board of Regents do not provide clarity on the issue. I think one could force the issue and demand that they be given instate tuition as provided by the Arizona statutes and Board of Regents Interpretation.
In fact GC Card Dream should file an appeal to the Board of Regents as provided in their policy. Adding that community colleges allow H-1B's to avail of instate tuition would help get a decision in your favor.
--------------------------------------------------------------
Here is the Arizona law for instate tuition -
Here is the link to all the statutes -
http://www.azleg.state.az.us/ArizonaRevisedStatutes.asp?Title=15
Go to chapter 14 to see statutes for education -
The applicable statutes are -
15-1803. Alien in-state student status
.....................
B. In accordance with the illegal immigration reform and immigrant responsibility act of 1996 (P.L. 104-208; 110 stat. 3009), a person who was not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state student pursuant to section 15-1802 or entitled to classification as a county resident pursuant to section 15-1802.01.
........................
15-1805. Student status guidelines
A. The Arizona board of regents shall adopt guidelines applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
B. Community college districts shall adopt policies applicable to all institutions under their jurisdiction that will ensure uniform criteria to aid the institutions in determining the tuition status of any student and that will establish uniform procedures for review of that status.
---------------------------
Now here is the link to the Arizona Board of Regents
http://www.abor.asu.edu/1_the_regents/reports_factbook/residency.html
What is the resident status of immigrants, refugees and international students?
A noncitizen with a visa that prohibits establishing a domicile in Arizona during any portion of the durational period may not be granted resident status. Other noncitizens may qualify for resident status by meeting all requirements for residency outlined previously, or having been granted refugee status and meeting all other requirements for domicile.
---The above should be read with the definition of domicile in the statutes
15-1801. Definitions
In this article, unless the context otherwise requires:
....
3. "Domicile" means a person's true, fixed and permanent home and place of habitation. It is the place where he intends to remain and to which he expects to return when he leaves without intending to establish a new domicile elsewhere.
...............
and the actual Arizona Board of Regents policy as a pdf document
http://www.abor.asu.edu/1_the_regents/policymanual/chap4/chapter_iv.htm
4-102 Nonresident Tuition (PDF)
As required by A.R.S. �15-1803, a person who is not a citizen or legal resident of the United States or who is without lawful immigration status is not entitled to classification as an in-state resident.
I don't think the state is involved, but its the institution that makes its own set of rules. All the community colleges in the state of Arizona accepts both H and L status as proof of residency.
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