Monday, June 27, 2011

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  • veni001
    08-09 11:59 AM
    What is the minimum qualification required for the position his employer going to file PERM?:o


    This question is for my friend. he has a Bcom (3 years bachlors from India) with certification of chartered accountant and cost accountant. He has a 6 years of post qualification experience in india (after ca and ) and now he has 6.5 years of experience in US. (Total post qualification experience is 11-12 years)

    His lawyer said as this is a 3 years degree you dont qualify for EB2. lawyer also send us a case where DOL denied CA plus 3 years of bcom under EB2.

    Can you help us if he qualify for EB-2, what is the best way to file.

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  • arif
    03-07 08:44 AM
    Thank you very guyz. It really helps.

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  • sukhwinderd
    11-23 10:02 AM
    i was trying to understand how many visas are available for recapture.
    here is what i found

    Legal Permanent Resident Flow by Major Category of Admission: Fiscal Years 2007 to 2009

    source - dept of homeland security.

    2009 2008 2007
    Category of admission Number Percent Number Percent Number Percent
    Employment-based preferences . . . . . . . . . . . . . . . . . 144,034 12.7 166,511 15.0 162,176 15.4
    Priority workers . . . . . . . . . . . . . . . . . . . . . . . . . . . 40,924 3.6 36,678 3.3 26,697 2.5
    Professionals with advanced degrees . . . . . . . . . . . 45,552 4.0 70,046 6.3 44,162 4.2
    Skilled workers, professionals, unskilled workers . . . . 40,398 3.6 48,903 4.4 85,030 8.1
    Special immigrants . . . . . . . . . . . . . . . . . . . . . . . . 13,472 1.2 9,524 0.9 5,481 0.5
    Investors . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3,688 0.3 1,360 0.1 806 0.1

    for years 2009 2008 2007 -> 144,034 166,511 162,176 GC has been issued for EB categories.
    from this report it seems like all the visa numbers are being used already atleast for years 2007-2009

    i am assuming there were some visas lost before 2007. does anyone has any links justifying that.

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  • rouge
    09-18 11:43 PM
    can a medical assistant be eligible for H1 visa. I have a sponsor but we dont know whether medical assistant job is eligible for a H1 visa. Please let me know if this is possible. I am a medical school graduate. the hospital is a private practice. I am currently on student visa(I-20).


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  • EB2_Jun03_dude
    11-28 04:32 PM
    PD: EB2 India - Jun03
    I140 approved: Nov 05
    I-485 applied: Jun 05
    FP1: Jul 05
    FP2: May 07
    AC21: Job changed twice (Jun 06 and Apr 07). Sent EVL to USCIS both times with 'same job description' but 'different job title'.

    This morning I received USCIS email alert for both my wife and I.

    My I-485 application got a RFE. "We mailed you a notice requesting additional evidence". Will have to wait for the formal letter for the details. :(

    My wife's I-485 application however was transferred to Newark NJ for interview. "This case has been sent for a standard interview." :confused:

    I have a ton of questions at this stage. here are few in you gurus can help me while I am waiting for the RFE letter.

    1) Will the RFE letter be mailed to me or my attorney ? what has been ur experience? do you get it in one week ?
    2) why USCIS has split the processing of my I-485 and my wife's I-485. Her I-485 is transfered to Newark, NJ while mine is pending at TSC (now waiting for RFE response).
    3) How much time will I have to respond to the RFE? Based on the new guidelines ( , I expect that to be stated in the RFE letter.

    thanks in advance.

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  • InMess
    03-21 03:48 PM
    Hi Guys,

    As i said earlier my I-140 was denied for the reason below

    I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.

    My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.

    Today 03/21/08 i just got an update from USCIS saying:

    Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.

    On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.

    1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?

    2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.

    Please help me out and advice on what should i be doing at this point and what are my options on this.

    Thank you all for your advices and help.


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  • lonedesi
    03-04 08:08 PM
    I am posting this question on behalf of a friend who needs some guidance w.r.t. H4 extension.
    His H1b expires at the end of this month and he had applied for an H1b extension during Nov '06 after he received his I-140 approval. He received a RFE this week with USCIS requesting for additional documents. He had not applied for H4 extension during Nov '06 as his wife just moved to US in Jan 07. Her H4 expires at the end of this month. His problem is if he can apply for H4 extension for his wife, even though his own H1b has still not been extended due to a RFE. He can continue working as his application is still pending with USCIS but can he apply for H4 extension for his wife along with the additional documentation he is now going to send to USCIS in response to the RFE? Or can he apply for H4 extension based on the H1b receipt notice from USCIS? Or does he have to wait until he receives his H1b extension approved before he can apply for H4 extension? If that is the case, what would his wife's status be after her H4 expires at the end of this month and he has still not received the approval notice for H1 extension. Anyone with some knowledge in this area, please advise.

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  • apb
    09-25 08:35 PM
    Do we get a notice to get biometrics done when you apply for EAD renewal?

    My wife and I have a EAD renewal RD of June 23, 2008 at NSC. We have not gotten any LUD after that. Anybody knows how long it takes to get the EAD?

    Thanks for the help guys..

    Hi Samcam,
    e-filed on June 8/08 FP notice on Jun/14th and FP on July 8th. No update after that.
    Usually u shld get ur FP notice within 3 weeks.


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  • Pagal
    08-28 08:14 AM

    You can be a passive partner (investor) in any startup (even without any visa). To be an active partner, you need to be a permanent resident or citizen in US. Here is a link for the details... Forming a Partnership: And Making It ... - Google Books ( tner&source=bl&ots=-xFm-W-HUu&sig=f9EqzXSaZfiZN9Zm3tYJrmE8lTY&hl=en&ei=Hb2XSsvDEtSDlgeytd2IBw&sa=X&oi=book_result&ct=result&resnum=4#v=onepage&q=active%20business%20partner%20vs%20passive%20bus iness%20partner&f=false)

    If you want to be an active partner, you may want to conisder registering the company outside US, like UK or Bahamas (or even India, if you have PAN card).

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  • Ramba
    10-29 06:19 PM
    Hi ,
    One of my friends applied for his GC thru a consulting company which he does not work for...He used to work for the company but left that company before he decided to file with them...Since he has good relations with the company, they decided to file for him.
    The company recently filed his I140 but they got a RFE on I140. INS wants to know why does the company want to hire him and why he left the company in the first place..does anyone in the forum has a similar experience to share...The RFE is actually for the conmpany but the owner wants my friend to write a letter and mail it to the lawyer. Any help is appreciated.

    First, employer or his agent only reply to RFE, not your friend.

    Second, it is a simple stright forward RFE, unless INS found some fishy thing (or doubting as it is a bonafide sponsership) as employee not working for sponser. May be they are trying to control future employee loop hole. Employer can write the reason why he left and why they want to hire him back. It is a strightforward easy question to answer.


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  • WaldenPond
    04-22 09:13 AM
    Surely won't fly.
    I-140 doesn't belong to the employee. Period.

    Then ownership of I-140 needs to change as well. Maybe this is something we could all work in the long term.... and not an immediate goal at this time. Of'course this will need help from everybody on the forums. Something like this is sure to help all of us.

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  • drona
    02-14 03:58 PM
    Gifts & Items Sent to the White House

    Items sent to the White House often experience a significant delivery delay and can be irreparably harmed due to the security screening process. Therefore, please do not send items of personal importance, such as family photographs, because items may be unable to be returned. We also request that gifts of a consumable nature, such as food, flowers, and other perishable items, not be sent to the White House due to the security screening process. While the President and Mrs. Bush and Vice President and Mrs. Cheney appreciate your thoughtfulness, they request that you look instead to your local community for opportunities to assist your neighbors in need.


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  • vina92
    02-26 07:35 PM

    This is a completely different segment from what you guys mentioned. The link you posted happened on 2/16 and this is another fresh discussion, which happened today.

    Sue Herera seems to really bring on immigration discussions a lot.

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  • thakkarbhav
    02-09 10:17 AM
    For I485, you and your lawyer (name on current G28) will get copy of the RFE. If you are planning to continue with the new lawyer then pls complete G28. Thanks.


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  • jkiran
    11-23 05:01 PM
    Hey Friends,
    I got an I-485 interview in next month. I have few questions...

    I have the two issues....

    1)Selling tobaco to Minor,happened in 2002(when I was helping one of my friend who is running a Convenience store,by mistake I handed Over a pack of cigarett without asking his ID.Unfortunately he was one of the Kid arranged purposefully by the department people who checks on toboco sale to Minors)

    2)retail theft happened in 2005(when we went to walmart with our 4 year old daughter,we did not see a considerbly small toy in her hands,while we are making payment to the other stuff we bought)

    Both the Incidents occured accidentally,we did not do anything purposefully.Both the cases were dismissed as Nolle proscue. the 2nd case was expunged too .I do have the documents stating that they are dismissed and 2nd case was expunged.If you want to have a look at them,

    And also i pointed in I-485 application---No in the field of cases....

    can you guys suggest me,if anybody have the similar situvation...


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  • sk.aggarwal
    11-08 09:46 AM
    Why do you think anyone in India including the government will spend there political good will to help people like us? Since we are planning to leave India for good and possibly become USC in due course of time there is nothing to gain from helping people like us. . They might ask for H1/L1 etc because it impacts Indian companies.

    India looses talent when we immigrate, it is unfair to ask them to help expedite this


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  • mundakamal
    06-20 07:04 PM
    Hi Gurus,

    For FP, USCIS takes the address from G325A or from the I485 form. The reason I am asking is because my company is putting their's address in I485. So I am wondering.

    Thanks for the reply..

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  • morchu
    05-04 02:37 PM
    All options are possible, depends on your personal preference. There is NO good answer.

    If your spouse is in H1B and have a stable income, I would suggest the H4 path.

    i am currently on my 8th year h1..and on the bench..hoping some projects will come thru in a week or so.

    Currently i have been on LOP for almost 5 weeks now..
    what do you think would be a good option for me:

    a.) Start the process for H4..and find a new job..and transfer H1 and stay till H1 is valid till may 2010..

    b.) Be on bench for few more weeks.. and hope someting will work out...(firm has said they wont cancel my h1/140).. they are just being helpful..but?

    c.) R2I ASAP...and try for a consular processing....?

    d.) go to H4...and R2I in May...then if the Eb2(Dec 2005) dates are current..try for a CP..its a long shot...

    i am confused..any suggestions??

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  • bobyal
    02-28 09:15 PM

    I don't see these forms listed on , in the top menu "Immigration Forms".

    I highly appreciate if anyone has updates related to I-131 form changes.


    11-16 09:43 AM
    Friends, How can I join this state chapter? What is expected of me? What are the upcoming events? I contribute $50 on a monthly basis and have contributed $100 so far.

    01-24 04:03 PM
    Hi glus,

    Thanks for the reply can you or someone clarigy this,

    What if the validity date of H1 is before the validity date of F1. In other words if the validity date of H1 is 10/1/2009 to 9/30/2012 and the validity date of F1 is 12/15/2009 to D/s but the approval date of F1 is on 7th Jan 2010 and the approval date of H1 is on 14th jan 2010.


    Your VISA status should be determined by the I-94 you got last. Which one is it?

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