susie
07-15 11:32 AM
2 0f 2
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
Jack, Mary and Sundeep
Sundeep�s Dad works in a business, which is 40% owned by him. It is a multinational home furnishing�s business, which in the USA employees 5 American employees to design and craft furniture for sale. He is in L1 visa holder (and Sundeep therefore is an L2 visa holder). After arriving in the USA, the business sponsored Sundeep�s Dad for employment-based permanent residency as managing director. Sundeep and his Mother were derivatives on this application. The petition was ultimately approved and Sundeep and his family adjusted status thereafter before he turned 21. Sundeep eventually became a citizen and does various jobs.
Jack and Mary�s parents are E-2 visa holders. Their business is a large grocery store, which employs over 25 employees on both a full-time and part-time basis. The store is rented, but the business is very successful and is worth about $450,000.
Jack has graduated high school and is very ambitious. His dream was to go to the University of Michigan. Unfortunately he was not eligible for a full scholarship because most scholarships available are only for permanent residents and citizens. Fortunately, he gained a partial football scholarship to play for the Michigan Wolverines. His Parent�s pay for the remaining tuition thanks to their successful business. Jack is in his final year of his degree and is majoring in Math and Economics, and is currently on a 3.9 GPA in the top 98th percentile. He is 20 years old. Upon graduation, Jack wanted to serve in the US military but could not because he is regarded as a temporary resident (being in nonimmigrant status).
He is now considering his options. He had planned to go to law school after military service, but is now deciding whether to attend in the following academic year or find other work first (knowing he cannot qualify for most scholarships and competitive domestic loans). Ironically, his sister Mary has no problem. She is an American citizen. She has the ability to go college and being smart, has received scholarships and low interest loans, saving her many thousands of dollars. She also works part-time to fund her social life.
Education
Another potential solution for nonimmigrant children is through education. As children with derivative visas they are entitled to be educated in the USA to high school level, whether through a State funded school or a privately funded school. Once this is complete a child may decide to go onto college to pursue degree level studies or equivalent studies at a higher education institution.
If a child is approaching 21 or has already passed 21, he or she may apply for a course of study in a US school or college. For academic studies the F1 visa would provide a solution. For vocational studies the M1 visa would provide a solution. However, even with this, there might be a problem for a person who left their US home and has gone back to their country or residence or citizenship because they have turned 21. Sometimes this is referred to colloquially as the �home country,� which is an insulting turn of phrase for a person who has spent most of their life in the USA, and therefore will be referred to in this article as country or citizenship or residence.
To be eligible for most nonimmigrant visas (i.e. those that do not have dual intent or similar status) a person generally has to prove ties with their country of citizenship or residence. Specifically he or she has to prove at the time of applying for the visa (including M1 or F1 visas) that he or she:
1. Has a residence abroad;
2. Has no immediate intention of abandoning that residence; and
3. Intends to depart from the USA upon completion of the course of study.
Fortunately, in relation to (1), the FAM guidelines recognize that in relation to F1/M1 visas,
it is natural that the student does not possess ties of property, employment, family obligation, and continuity of life typical of [more short-term visa applicants such as a] B visa applicants. These ties are typically weakly held by student applicants, as the student is often single, unemployed, without property, and is at the stage in life of deciding and developing his or her future plans. This general condition is further accentuated in light of the student�s proposed extended absence from his or her homeland. [9 FAM 41.61 N5.2]
However, there is still another problem. The consular officer must still also be satisfied with (2) and (3). Fortunately, the consular officer has to recognize an intention of abandoning residence of your country of citizenship and residence is only important at the time of application and that �this intention is subject to change or even likely to change is NOT a sufficient reason to deny a visa.� 9 FAM 41.61 N5.2. Despite these considerations, if the consular officer is aware the rest of the visa applicant�s family is in the USA from the required disclosures on the visa application, this is evidence which may cause denial of the visa.
Jack
Unfortunately, on graduation Jack could not find work in the USA. He wanted to remain in Detroit to be with his family, but it is suffering from high unemployment. He also had three offers from three banks in New York before graduation to work as a stock trader. He accepted one and they were willing to sponsor Jack with a H1-B nonimmigrant employment visa. However, when the employer submitted the application and fee, it transpired they could not sponsor him. The H1-B cap for 60,000 visas had been reached for 2008 in just three days. 150,000 applications were made and so the USCIS selected 60,000 on a random basis. Unfortunately, Jack was one of the unlucky 90,000 and the application was returned to the employer unprocessed. Even more unfortunate, the employer was unwilling to sponsor Jack with an employment-based permanent residency petition.
Jack is now in the UK, his country of citizenship, despite the fact his Parents and sister remain in the USA and will continue to be so. Jack�s sister could sponsor Jack for a family-based immigrant visa after she turns 21, but she is still only 18 and so cannot do so under current laws. Even if she was 21, Jack would have to wait about 15 years. Jack, therefore resigns to a new life in London. Fortunately, he works in Canary Wharf, London, for a major bank as an analyst.
During this time he is not happy. He is out of touch with people in the UK culturally speaking, suffers from depression, but despite this does his best to adjust. He contemplates coming to the USA on student visa to do law school. In the future he applies and gets offers to do a JD in Yale, Columbia, New York, Georgetown and Duke.
However, if the laws stay as they were at the start of 2007, Jack knows he will have problems. He has to have the intention to leave the USA upon completion of his studies. However, in his heart he wants to stay in the USA but realizes the law does not allow this. Knowing this, he can apply for a Fulbright scholarship and will likely be ones and successful so that his tuition fees and living expenses are paid for in full. However, the terms state he must return on completion of his degree. If this fails Jack, in applying for an F1 visa, has to prove he can pay for and in fact has the funds to pay for the degree and the living expenses and so would have to wait until he is able obtain this money somehow. This is particularly onerous when you consider a law degree at the above listed law schools costs approximately or more than $35,000 in tuition fees each year alone.
The Need for Reform for the Children
Legislation should be enacted to enable those specified above to also apply for permanent residence. Under the STRIVE Act, illegal immigrants would be provided with a direct path to permanent residency and eventually citizenship. However, the children are law abiding nonimmigrant visa holders are left out in the cold. What a peculiar turn of events!
Jack would not receive any benefit under the upcoming comprehensive immigration reform to apply directly and on his own behalf for permanent residency. For a country that has educated Jack from the beginning (through the taxes of Americans and other residents) it is strange that:
* He is not allowed to live in his home with his friends and family automatically;
* The USA invested so many resources in the development and cultivation of Jack�s talents (tens of thousands of dollars in fact), but Jack is unable to automatically return to give back for his achievements such as through taxes on a potentially high income; and
* The UK has taken the direct benefit, since Jack works in the USA, without having spent any money on his education and development.
The bottom line is immigration needs to be comprehensive, not only to promote family reunification, but also to ensure the USA does not lose out on the best talent in an increasingly competitive global economy.
Help for the Children of Illegal Migrants: The DREAM Act
Ironically, the DREAM Act (The Development, Relief and Education for Alien Minors Act) is currently a Bill pending in US Congress (and is incorporated in the STRIVE Act), which would provide wide ranging help to illegal immigrant students. Unfortunately, this does not help the children of nonimmigrant visa holders such as Jack.
Reporting Errors
This article does not constitute legal advice and may not correctly describe the legal position. However, reasonable efforts have been taken to ensure its relevancy. Please report errors and provide feedback on this article on the related thread at http://www.expatsvoice.org/forum/showthread.php?t=1986.
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kevinkris
09-12 05:13 PM
Hi All,
Lots of people agreeing.
singhsa3, since you started it, finalize on what we all need to do.
Thanks
Lots of people agreeing.
singhsa3, since you started it, finalize on what we all need to do.
Thanks
ski_dude12
07-11 11:20 AM
Welcome news for EB2. For EB3.. hang in there folks... things will happen soon for you all.
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satyasaich
08-14 06:55 PM
"""The Mexico F2A and Employment Third preference cut-off dates are �unavailable� for both August and September, since those FY-2008 annual limits have been reached. The Visa Office had originally anticipated that this would be a temporary situation. Then with the start of the new fiscal year in October the cut-off dates would have returned to those which had applied during June. However, continued heavy demand in those categories may require the establishment of cut-off dates which are earlier than those which had applied in June. A formal decision determination of the October cut-off dates will not be possible until early September. """
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
So far what i've mentioned are all facts only.
Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
Any comments
Let's understand it ! I'm sure you are aware about July 2007 Visa Bulletin fiasco. It made every category "C". Before that in June 2007 bulletin - they moved dates for EB3 & EB2 singnificantly. For EB3 India - it moved from May 2001 to Jun 2003 - People who filed their AOS are 'June' applicants and People who filed because of July 2007 bulletin are 'July/Aug' applicants
DOS refering to these June applicants means having PD earlier than Jun 2003. I hope its clear to you.
If one thinks with cool head, what you said makes sense. also if you remember when EB3 (I) was actually retrgoressed on Jan1/2005, the PD was jun/2002. Then it was retrogressed all the way back to 1999 or something. Later on, slowly it came up to March/2001 & stopped there for a while due to the so called 'Hump' (due to 245i cases, i think)
AND slowly but steadily PD for EB-I crawled up to Nov/2001 until May2007.
Suddenly in June'07, the PD was advanced to June/2003 and i know so many pending cases were cleared around july and august of 2007.
So far what i've mentioned are all facts only.
Now looking forward for fiscal year allocations starting from Oct'2008, i can say the PD for EB-I will begin atleast Jun'2002. May be even a better PD but i'm not sure. For sure there is a good chance of making progress to end of 2003 when it comes to Sep'2009. This is based on availability of only those visa numbers as mandated by law as of today.
Any comments
more...
immigrationmatters30
08-12 06:48 PM
It would have been amazing if senator added 10K for each recaptured EB VISA. That would have given 1B dollars for the border security(If only senator wanted to help the so called product developing H1Bs).
sagittariusarm
09-30 10:00 PM
My application went to TSC, did any one check TSC parkign lot?Please post the details.:D
Yea..I saw many at parking lot but all junk cars.:p
Yea..I saw many at parking lot but all junk cars.:p
more...
gc_chahiye
07-20 06:37 PM
July filers SCREAMED for the right to simultaneously file after the government realized they had to reneg on their bulletin precisely because they could NOT cope with these numbers. AILA screamed that it had to do it or they would sue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
Well it's done. Happy now?
I remember talking of how the all current bulletin was a big mistake in the first place because of the jam it would create and i was shot down for suggesting such a thing.
And now the massive backlog is the result.
You can't have your cake and eat it too.
No sooner do some get the right to file for EAD than they are bitching about how long it will take to get it.
I urge you to show some patience. Receipting alone is taking monumental amounts of time. So chill, focus on other things and enjoy whatever privileges you have.
Rampant speculation built on figures from people like Mathew Oh and assumptions about how and when resources are allocated to EAD processing are just one assumption built upon another. They do nothing but terrify people.
It's hard waiting. I came here in 2000. Still I wait. Almost 8 years now. And I hate it. But make no mistake about it. We are, for now at least, guests in this country and we have all, almost without exception, learned early in this process that there would be many frustrating delays.
One thing people forget is that the USCIS is WHOLLY self funded. This pre-fee-raise deluge just knocked 250 million out of the operating budget. And we wanted it that way. Now, sadly, we'll need to show some patience.
Perhaps with a little luck, they will again introduce interim EADs from local SA offices. Keep your fingers crossed.
thats one way to look at it. The other way to see this is that:
- given enough people making noise its possible to get DOS/USCIS to make changes and fix things. this has now been proven.
-there is a lot more visibility for EB related issues now, so much better chance of recapture or exemption for spouses from VB calculations etc.
- instead of focus being on filing 485 without visa numbers (which is what IV focussed on for a while) everyone will now focus right at the root of the problem. All 500K are now focussed on solving the main issue.
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trueguy
03-06 01:48 PM
Countdown started :) Hoping for April bulletin either today or on monday.
more...
delhirocks
07-21 03:57 PM
There are no US embassies on US soil..I think you meant USCIS local office and are alluding to "interim" EADs. USCIS discontinued that practice last year.
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
I thought if we dont get the EAD after 90 days, we can walk into the US Embassy in the city nearer to us and get the EAD on the spot(more like a driver's license).:eek:
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gcnirvana
09-10 01:36 PM
Just completed a one-time contribution of $200 towards the rally. Its highly unfortunate that I will not able to come to the rally. But my contributions will continue in form of money and other efforts till our goals are reached.
Here is the confirmation on my paypal trx: 7F411123HE851093R
Go IV Go!!!
Here is the confirmation on my paypal trx: 7F411123HE851093R
Go IV Go!!!
more...
SkilledWorker4GC
07-15 10:19 AM
Sent a contribution worth lunch money for a week.
Biller Name Account Amount Pay Date Confirmation Memo Note
Immigration Voice
Free Checking XXXX $25.00
07/18/2008 7YDR4-N7FRN HIGH 5 funding Dr Contri, Amit B
New Day today.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
Biller Name Account Amount Pay Date Confirmation Memo Note
Immigration Voice
Free Checking XXXX $25.00
07/18/2008 7YDR4-N7FRN HIGH 5 funding Dr Contri, Amit B
New Day today.
Good morning everyone. Let's get back to making this campaign a roaring success. We need new High Fives today people. All those IV brothers and sisters who havent yet contributed their $5.00, please do so. It is a great cause and lets face it, IV is the ONLY organization of the legal immigrants, by the legal immigrants, AND FOR the legal immigrants ONLY.
Also let us remember to update our signatures and include a link to this thread.
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hebron
10-29 08:56 AM
Hi Hebron,
I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.
Best of Luck to you.
Thanks.
Hi 9Years,
Thanks for the information! I will consult a another attorney.
I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.
This could be why my attorney thinks my case is not portable with the same employer.
I have filed EB2 & EB3 with the same company (As explained earlier). EB3 as Programmer Analyst and EB2 as Database Adminstrator ( MS + 2 yrs exp.). I think it is better to take some expert attorney advice on your case. It does not hurt if you consult ( or crosscheck ) with some other attorney about your case. Most of the legal experts charge around $250 to evaluate your case and suggest.
Best of Luck to you.
Thanks.
Hi 9Years,
Thanks for the information! I will consult a another attorney.
I was looking up the SOC job codes and I noticed is that in your case the SOC job codes are different. (Programmer Analyst 15-1021.00 and Database Administrator 15-1061.00.)
In my case both Software Engineer and Principal Software Engineer falls under the same SOC code.
This could be why my attorney thinks my case is not portable with the same employer.
more...
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mrjonie
01-04 09:32 AM
yes, try calling the 1800 number and go to the address change, there you will be able to talk to the IO and they will ask you what issue you have (they will not ask for address change)..you can explain your scenario to him/her.
they will collect your information and send a request to the corresponding SC to process faster...
they will collect your information and send a request to the corresponding SC to process faster...
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laksmi
01-07 03:56 PM
Work on H1 even after using AP
http://immigrationvoice.org/forum/showthread.php?t=14154
Thanks
http://immigrationvoice.org/forum/showthread.php?t=14154
Thanks
more...
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champu
03-06 04:55 PM
I don't have any LUDs on mine even though I opened an SR and requested infopass appointment for my delayed EAD
What's your Service Center for EAD?
What's your Service Center for EAD?
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EB3_SEP04
05-18 01:58 PM
ind_game, just a heads up : when the 485 is reopened they take the op'ty to review the app for all supporting docs. meaning if you have not submitted any supporting docs like birth cert etc they would issue an RFE. They did to me, back in Jul-07 i had submitted only parents affidavit but no BC or NABC. And they gave me only 30 days (i think it used be 90 days for RFE), I had hard time collecting the required info/doc in such a short time.
more...
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Abhi_OneDay
08-24 03:20 PM
My I-140 was filed in EB2 on the 18th of August and I was heart broken this morning when I came across this memo on IV this morning....I do not have a US Masters and was banking on my Bachelors + 5 years to qualify....My attorney sent me the following reply
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
"This memo deals with the EB-1 category and the memo does not talk about the EB-2 category. Your I-140 was filed for an EB-2 position and you should not worry about this memo."
Not sure about her comments, what do u guys think?
I was also doing some research online and found that EB-2 "Exceptional Ability" is different from EB-2 with "Advanced Degree Professionals" on . Looks like the 10+ years has always been the criteria for "exceptional ability" and most of us who are looking to substitute our work experience for Advanced degree do not fall into this category.
Please let me know what you guys think?
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gsc999
07-21 03:39 PM
Look at this post. The thoughts are compelling. Is this something that we should get some clarifications on?
http://immigrationvoice.org/forum/showthread.php?t=10859
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This is what trolls have done in the past. When ever we have had a successful event. Trolls from anti-immigration groups, demand disclosure of financial statements and raise doubts on IV leadership. Don't get drawn into this. Lets keep doing what we are.
http://immigrationvoice.org/forum/showthread.php?t=10859
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This is what trolls have done in the past. When ever we have had a successful event. Trolls from anti-immigration groups, demand disclosure of financial statements and raise doubts on IV leadership. Don't get drawn into this. Lets keep doing what we are.
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indio0617
03-08 01:28 PM
Senator Cornyn supports Kyl amendment for barrier only at a few places and not across the entire border
I can hear it too now. The debate is about illegal aliens and about building fences and border security...
I can hear it too now. The debate is about illegal aliens and about building fences and border security...
Cheran
03-05 04:43 PM
ditto
There should be a method behind this madness. Its hard for me to believe that these RFEs are random generated? Any idea boys & girls. By the way, I did not get a RFE!!!
Man, how pathetic one's life should be, if he gets paranoid that he is not getting a RFE. Its sad to see where I stand today... :((
There should be a method behind this madness. Its hard for me to believe that these RFEs are random generated? Any idea boys & girls. By the way, I did not get a RFE!!!
Man, how pathetic one's life should be, if he gets paranoid that he is not getting a RFE. Its sad to see where I stand today... :((
anilnag
02-23 02:09 PM
At NSC I am seeing the following entry
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I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
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What does 4 months mean?
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
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I-485 Application to Register Permanent Residence or to Adjust Status Employment-based adjustment applications 4 Months
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What does 4 months mean?
It means USCIS has pre-adjudicated your I-485 if it was filed before october 2008.
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