akred
06-17 05:11 PM
Here is one of my friend in the similar situation planning to do. He is filing 485 without any medical exam. Certainly, he is going to get query and after query you have 40 days (double check this number) to reply. So, he'll get some time to go and do wife hunting.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
Medical exam is considered part of "intial evidence" for the I485. If your friend files without the medical report, his application will be rejected without an RFE.
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tuhin
07-07 04:51 PM
My apologies if this is not the correct thread (but I think it is related).
It has been a month since USCIS received the response to a EVL related RFE issued to me. I verified the receipt date from uscis.gov. Does anyone know how many days it takes (on an average) for them to decide upon such RFE? I am trying to make sure if it is too late and I should request an appointment through infopass.
Thanks!
It has been a month since USCIS received the response to a EVL related RFE issued to me. I verified the receipt date from uscis.gov. Does anyone know how many days it takes (on an average) for them to decide upon such RFE? I am trying to make sure if it is too late and I should request an appointment through infopass.
Thanks!
ski_dude12
04-21 08:26 PM
Hopefully no one replies to your post as yours is substitution case.
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kumar1
07-13 01:59 PM
Hail Lou Dobbs!
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watzgc
04-02 06:44 PM
Watzgc,
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Hi Sid,
My employer is based on CA and my present clinet is within 40 miles from my employer office. still do I need to get LCA ?.
Thanks,
watgc
Did your employer get a new LCA for the CA project when you changed projects? ... just one more thing to check before you send in the RFE response with new contract.
Hi Sid,
My employer is based on CA and my present clinet is within 40 miles from my employer office. still do I need to get LCA ?.
Thanks,
watgc
akilaakka
03-09 05:11 PM
I recently added pages to my passport in India while I was in Vaccation. It was painless process as I went through travel agent and have to pay extra money. No police verification is required if your renewing. Adding pages/renewal is all the same process.
If you apply in Tatkal, you will get your passport in a week. If you do in India, I advice you go through some travel agent.
Did not renew here as my job requires frequent travel at short notice.
If you are not travelling internationally then it is best to do it USA.
Thanks
Senthil
If you apply in Tatkal, you will get your passport in a week. If you do in India, I advice you go through some travel agent.
Did not renew here as my job requires frequent travel at short notice.
If you are not travelling internationally then it is best to do it USA.
Thanks
Senthil
more...
eb3_nepa
10-06 01:10 PM
Does anybody recall an old TV serial in India named 'Appu aur Pappu' about a boy and his elephant?! :D
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Hey common man i LOVED that TV serial :) For a brief 2-3 months it raised visions of me becoming a Forest officer ;) But yeah i vividly remember that serial too. :)
Looks like the long GC wait is turning me into a crazy person if I start recalling such old serials! :(
Hey common man i LOVED that TV serial :) For a brief 2-3 months it raised visions of me becoming a Forest officer ;) But yeah i vividly remember that serial too. :)
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chmur
04-07 11:02 AM
There is good chance that we might loose visas this year too....with USCIS allocating resoucers to citizenship apps given the elections in november.
We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .
We need to prevent that....that ought to be priority # 1....recapture can happen in parallel .
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paskal
09-20 06:08 PM
are sung at a variety of places as a mark of respect.
we went to make a point. nobody was forced to do anything.
our point was that we were interested in being american.
people can disagree and that's fine too. frankly have not
heard much of that though...
i think pankaj did a great job and deserves much praise for it!
we went to make a point. nobody was forced to do anything.
our point was that we were interested in being american.
people can disagree and that's fine too. frankly have not
heard much of that though...
i think pankaj did a great job and deserves much praise for it!
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ajay
10-01 12:32 PM
It takes one week to get the visa stamped. I did it and went to India in August. They will schedule FP for you in a location close to you.
more...
smsthss
11-19 02:03 PM
i mean it did say about my previous exp but the position for which the LC was certified did not need exp.. thats how the govt off advertise it seems.
i am freakin frustrated about this whole thing...if it is the ability to pay then..would my w2 be sufficient for the last 3 yrs cos my pd is 2005.
i am freakin frustrated about this whole thing...if it is the ability to pay then..would my w2 be sufficient for the last 3 yrs cos my pd is 2005.
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latina
04-10 11:17 AM
I only have something to say, everyone is looking for its own turf, and if you really want diversity in the forum, the hard count will not attract anyone else other than Indians and Chinese. I am few months from working due to EB2- Worlwide category (current), so any change on the hard count is not on my benefit, same for anyone who is not from India or China, the EB3 is not current worlwide but the line of all the other countries is still shorter, if you really want to reach more than Indians and Chinese the goal has to be good for everyone, and the hard count is not. Thanks.
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
The request for the hard cap conversion to soft cap DOES NOT CANNIBALIZE non-Indians/non-Chinese. You are missing a key point here.
What the hard cap does is that say for example in the EB2 category the Indians and Chinese use up their quota. On the other hand the rest of the world uses only 50% of their quota (about 10K EB2 visas leftover, just a guesstimate).
1) With the soft quota, this leftover is given to the over subscribed countries in the SAME CATEGORY (Eb2). As a result, other EB2 candidates from India/China benefit
2) With the hard quota, this 10K now goes to UNSKILLED immigrants.
This amendment DOES NOT TAKE AWAY anything from the rest of the world at all! All it does is benefit SKILLED workers. Isn't IV about skilled workers? Why are some folks whose quota will NOT be CANNIBALIZED against this and consider this an issue of Indians/Chinese Vs Rest is beyond me. It is a matter of EB1 vs unskilled, EB2 vs unskilled and EB3 vs unskilled!
Can I be any clearer?
more...
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indyanguy
06-13 08:37 PM
after all this, there is a very high likelihood of getting RFE from USCIS at 485 stage.
What kind of RFE can be expected at the 485 stage?
What kind of RFE can be expected at the 485 stage?
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zhou2100
03-25 01:52 PM
Receipt on Nov. 09,2007, No ref, no approval yet.
Very frustrated, especially I am planning to travel outside of America in April.
Very frustrated, especially I am planning to travel outside of America in April.
more...
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sachya
08-20 01:16 PM
My friends chq got encashed. He is a July 2nd filer for TSC.
Did he file 485 at NCS and then got transferred to TCS or it was filed at TSC itself?
Did he file 485 at NCS and then got transferred to TCS or it was filed at TSC itself?
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greatzolin
09-25 03:22 PM
My EAD card ordered and LUD on AP on 9/25/07
Salud!
Salud!
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jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
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harrydr
07-13 06:25 PM
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
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bidhanc
08-04 12:53 PM
I had similar question some time back (minimum and max salary alowable).
As far as I recall he told me to stay within 65K to 120K.
Best to consult with lawyer.
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
As far as I recall he told me to stay within 65K to 120K.
Best to consult with lawyer.
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
mambarg
09-16 01:43 PM
EAD and AP is good, but we need to see FP notice which shows 485 has started processing.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
We really cannot use EAD for 6 months to change job, so there was no hurry to mail EAD/AP.
Anyone got FP notice ? Will it come from NSC or CSC.
Most likely NSC as FP starts when processing starts.
EAD/AP are seperate from 485 process as per the operating procedure.
damialok
06-13 07:02 PM
As long as you show that your job is atleast 50% different from the previous within the same company, you can use the experience from the current employer. You dont need to be promoted or move to business development.
You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).
Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.
The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.
You can use the 5 years exp from current employer. But the new position itself should require 5 years exp to qualify for EB2. File your PERM then when you file you 140, include your previous approved EB3 140 with the older PD and ask to port the PD. Then when USCIS will approve your 140, it should have the correct EB2 cat and older PD(from EB3 app).
Thats all. I was able to recapture my PD but I had a Master's degree. The only issue was that I graduated AFTER I joined my long time employer. So in the old RIR world you could not use that but PERM relaxed/cleared up the 'graduation' issue and we filed for a new EB2 application. In your case you will use your 5 years exp to qualify for EB2 rather than Masters.
The process is tedious but rewarding at the end. Hopefully your corporate lawyers will help you in this. A lot depends on your company and your supervisor, they need to be motivated.