Ann Ruben
10-24 11:08 AM
While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
sweet_jungle
12-29 05:10 PM
Like all July 2 filers, I will now become eligible for AC-21.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
My I-140 has been approved long back.
However, I do not have a copy of approved I-140.
If i Change, I will change using H1 and not EAD.
In the new company, will I be able to get a 3 year extension with ONLY I-485 receipt?
I am retrogressed and so technically should be able to get 3 year ext.But, the only way to prove it is through I-140 approval copy which I do not have.
If anybody has changed using H1 transfer and only I-485 receipt, please let me know whether you got 1 year extension or 3 year extension.
.gif "love quotes and sayings")
immilaw
09-17 11:07 AM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.
So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.
So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.
bfadlia
03-15 01:31 PM
^^^^
more...
kartikiran
10-05 03:48 PM
Administrators, I am sure the question from "bluekayal" was an innocent one.
Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.
I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.
Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.
Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)
Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.
IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.
Honestly, I believe in IV as an organization which does not differentiate race, gender, country, category etc.
I am well aware that there are lot of ladies who are well represented in IV Core and its initiatives. I understand very well, how much they contribute when they volunteer for IV activities, especially after everything that a woman does with juggling time between family and work.
Also I am sure others will understand that there are more advisors who are not men, but they probably would not have agreed to present themselves yet, publicly as part of the board for ImmigrationVoice.
Again, hats off to all your efforts & no need to remove the hats to scratch your head...;)
Thanks bluekayal, we appreciate your comments. At this time we can just share with you that IV works with many more advisers and this is a partial list, based on the formalities and complexities of public announcement.
IV does not make judgment based on any denomination that divides us as humans. Frankly, we are scratching our head with your comments.
boston_gc
05-30 10:04 PM
Thank you everyone.
I did my share and sent the webfax.
I did my share and sent the webfax.
more...
Coppertop
10-13 11:54 AM
5 days left! Someone needs to break the tie!
shantanup
04-08 12:17 PM
This question put me to shame. We are trying to become US citizens and we do not even know Havaii is a US state.
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
Before posting this did you even think that the ship may be crossing international waters and US immigration laws may not hold good in that region? Were you not too quick to judge one's competency?
more...
stillhowlong
01-18 10:36 AM
You can file 485 with either of the I140 as long as the position is open and the companies provide a letter stating the permanant nature of the job.
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
For interfiling, one can request the priority date porting in any of these:
- when you file the 2nd I140. You can send a copy of the first one and request to use that date.
- when you file the 485, you can request to use the earlier priority date.
- After you file 485, you can send a request to use the earlier priority date.
In all these, you need a copy of the I140 approval notice. If there is no way to get the copy, you can possibly try with a copy of the receipt or a copy of the approval status from online - check with a lawyer.
When you file the 485 or the 2nd I140, if the same A# is used, one may get the earliest priority date automatically as the previous poster has mentioned.
Note: This is not a legal advice. Please consult a lawyer.
Hi alvin, Thank you very much for detailed response. I am still confused as my question is if I file the new I140 from new employer and for some reason the date is not ported from current employer's I140 date, will I be able to file I485?, For your info, my I485 is not yet filed with uscis with current employer.
Thanks
SHL
walking_dude
12-05 11:34 AM
ACLU is using USCIS/FBI over namecheck delays. Not sure if the lawsuit is limited to Citizenship applicants or GC applicants can be included.
http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.
Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/
ACLU Immigrants rights project E-mail - immrights@aclu.org
http://www.mercurynews.com/breakingnews/ci_7632838?nclick_check=1
If anyone stuck in greencards namechecks wants to contact ACLU about it to include GC namecheck issue in it, they can do so.
Here are the contact details:
NADINE STROSSEN1
President of the ACLU
nstrossen@nyls.edu
===================
Their general feedback form
http://www.aclu.org/contact/general/index.html
============
You can search for your local ACLU contact:
http://www.aclu.org/affiliates/
ACLU Immigrants rights project E-mail - immrights@aclu.org
more...
jkays94
05-30 11:14 PM
My PD is Sept 2005 and EB3 India. With the new company I can file EB2. What will be your recommendation?
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
I'm not an attorney and with that necessary disclaimer out of the way in regards to not offering legal advice: The danger here is in the details of the bill. Say you move to the new company and you file your LC. And the bill passes, the problem you will face is that your I-140 will have been filed well after the date of introduction of the bill and you would have to go through the proposed merit system. Unless some miracle happens and you get the GC before the bill becomes law, then its a long shot, but life is about risks, if the bill fails then you will have wasted valuable time. I'd suggest you weigh your options carefully and if costs are not an issue, go for it. I'll also urge you to read the IV analysis of the bill which you can find on the home page.
engineer
04-02 02:19 AM
I am at AOS stage with approved I140, EAD and AP. My PD is Nov 2005 and I am in ROW.
I got following RFE.
My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.
My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please
I will appreciate your help.
Thanks,
Sumbit the following evidence to verify the birth and parentage of [name]
A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a
city, or
A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person
named above was born in a village.
If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence
must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:
medical recors, government-issued identity cards, religious records and/or affidavist from atleast two
persons alive at the time of birth. The oldest available evidence thats lists the names of both parents
should be submitted.
I got following RFE.
My original birth certificate doesnot show the name of my mother as local laws in my country don't put mother's name on birth certificate.
My questions:
1. How should I answer RFE ?
2. Who should sign Affidavits ? My parents, grand parents , relatives etc ?
3. Can anyone send me format of Affidavit please
I will appreciate your help.
Thanks,
Sumbit the following evidence to verify the birth and parentage of [name]
A photocopy of a birth certificate issued by the Local Registrar if the person named above was born in a
city, or
A photocopy of a birth certificate issued by the Additional Disctrict Registrar's Office if the person
named above was born in a village.
If a birth certificate doesnot list the names of both mother and father, or the child, secondary evidence
must be submitted to establish parentage. Secondary evidence includes , but is not limited to , copies of:
medical recors, government-issued identity cards, religious records and/or affidavist from atleast two
persons alive at the time of birth. The oldest available evidence thats lists the names of both parents
should be submitted.
more...
EB-VoiceImmigration
07-31 06:34 PM
Great news :eek: This is what we are looking for...
I dont know how to thank USCIS for this.
I dont know how to thank USCIS for this.
transpass
08-04 11:17 AM
Hey, great example and at a good time.
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
....Now that PD is current for a large number of EB2s, you will see approvals coming randomly (not in order of PDs or RDs); largely due to inefficiency of USCIS. They simply dont have enough resources or mechanism to utilize current resources to deal with what they are dealing with. And so, we come across issues like these. It is unfortunate and sad that things at USCIS are running worse than any government office in third world countries....
May be we should suggest CIS that anyone of us at IV can VOLUNTEER for CIS so that they have more resources...
I think we can do a fantastic job in sorting the thousands of mail pieces according RD, PD, etc. In that way everyone will be happy...The immigrant community will be happy because now everything is in FIFO order and CIS will be happy because they cannot be blamed for approving cases haphazardly without following FIFO rule...:D
more...
Ruta
07-17 05:25 PM
D.After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
Doesnt this clearly state we are eligible to apply? Visa Bulletin #107 is correct and # 108 is withdrawn??? I think E. states that from August they are uncertain how visa numbers will be allocated fo next month?
jonty_11
07-26 02:17 PM
I think people who applied late June and early July just scraped thru before teh deluge of applications hits USCIS.....They are still getting recipt notices in 1 month......
For the rest..it may be several months.....
For the rest..it may be several months.....
more...
hibworker
12-21 11:57 AM
Are there any fees that has to be paid when the amount is declared? And is this for visitors only?
There is no fees for bringing foreign exchange into India. It is applicable to all passengers irrespective of their nationality or purpose of visit to India. However no import of Indian money is allowed by non resident Indians / foreign nationals. Indian residents can bring in up to Rs. 7.500.
Wonder where I am getting these details? From Indian customs' site: Baggage Rules at a glance - CBEC (http://www.cbec.gov.in/travellers.htm)
There is no fees for bringing foreign exchange into India. It is applicable to all passengers irrespective of their nationality or purpose of visit to India. However no import of Indian money is allowed by non resident Indians / foreign nationals. Indian residents can bring in up to Rs. 7.500.
Wonder where I am getting these details? From Indian customs' site: Baggage Rules at a glance - CBEC (http://www.cbec.gov.in/travellers.htm)
gmail
07-22 01:31 AM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
there is a memorandum issued by USCIS on
12/27/2005. It clearly indicated that I can't be denied due to leaving
previous employer prior to 180 days.
http://www.immigration.com/newsletter1/amendac21.pdf
Question 10. Should service centers or district offices deny
portability cases on the sole basis that the alien has left his or her
employment with the I-140 petitioner prior to the I-485 application
pending for 180 days?
Answer: No. The basis for adjustment is not actual (current)
employment but prospective employment. Since there is no requirement
that the alien have ever been employed by the petitioner while the
I-140 and/or I-485 was pending, the fact that an alien left the I-140
petitioner before the I- 485 has been pending 180 days will not
necessarily render the alien ineligible to port. However, in all cases
an offer of employment must have been bona fide. This means that, as
of the time the I-140 was filed and at the time of filing the I-485 if
not filed concurrently, the I-140 petitioner must have had the intent
to employ the beneficiary, and the alien must have intended to
undertake the employment, upon adjustment. Adjudicators should not
presume absence of such intent and may take the I-140 and supporting
documents themselves as prima facie evidence of such intent, but in
appropriate cases additional evidence or investigation may be
appropriate.
I guess that the key is to prove that it is a bona fide offer. I have worked for them for 4.5 years. So even if they won't cooperate, I can argue that it is real.
I won't want to restart the GC process again. We are talking about a big amount of money for the whole process.
martinvisalaw
08-07 04:08 PM
I have asked the client to remote work from India and they said I could for six months and re-evaluate at that point. I can get a three year extension based on my I-140 approval with my consulting company (no 485, dates not current) if my client applies for a H1. I am not sure if I should or apply for a different visa.
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
Can I ask the company extending me an offer to apply for H1 and then work from India for six months?
(or) Can I just leave, work for them in India, and visit them periodically on B1?
There is no need for you to have H-1B status if you are working in India. If you are not working in the US, you are not in any status and don't need any. You could return to the US in visitor status provided that you were not working here in the US. If you can explain to the consulate that you really intend just a short visit, even though you have permanent residence filed, you should get the B visa.
I'm assuming that you are from India and therefore don't need any visa to work in India.
sonia_sd
10-19 07:15 PM
I second it :) NO SSN REQUIRED FOR PP. I filled out 000-00-0000 for my son. I believe there was a site or document I looked up and got this info (dont remember where I found it).
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
You dont need a PIO. If it is emergency or you dont have time, just get a multiple entry visa. For kids at that age it does not make any difference whether they enter on PIO or a visa. Chicago issues visa the same day.
BTW does Indian consulate do background check and issue 221(g) :D:D
PS: I live in IL as well and you dont need SSN for kids to get a PP :)
SSN IS Mandatory.
Phat7
10-07 12:51 AM
:( that's bad... I confess I voted for myself yesterday, just couldn't resist the mischievous evil inside :evil: I can't change my vote can I? We can count one off me and I give my vote to Coppertop. ;)
If you disqualify me I will totally understand. :sigh:
If you disqualify me I will totally understand. :sigh:
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