1. I would recommend you to discuss with USCIS on EB1 Application Fraud for MNC( Consulting Service Compnaies) Managers by their Employers. This is one issue we should be more careful. Brought up this issue with USCIS and Recommend more scrutiny on these kind of applications since a lot of fraud in this area and by passing the whole process and harming every genuine applicant.
2. Remind USCIS about the quarterly spill over according to the Law
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I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
H1B + GC holders pay SS + Medicare (??) for which they are entitled only after 10 years.
Look in your pay check and compare this amount with the amount you contribute to IV and the benefits from IV.
SS is a mess and so everyone loves the donations (not contributions).
Congress knows about it and may have a better # for it.
Wall Street talks about it but I started following them recently where they are talk about undocumented workers.
In order to approximate it we need the the number of H1B's and their average salary
Recently there was an article (that I posted but can not find in News Article Thread) that said the amount is ?? billion for undocumented
There may be articles that mention these #s for legals but it will include GC holders + others also. We need #s only for H1B's
If we can not find articles with #s for H1B's we should contact authors of articles (that cover legals or undocumented) to write about contribution by H1B's
You can search the wall street on line but their search engine does seem very smart and requires subscription for article access.
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Maybe if you answer this, I could think of something..but as of now..if its a good company and you like it..explain to them the nitty gritties about how change in occupation, classification, salary etc would jeopardize your GC process...i can give more suggestions if you want to send me a PM..
Congrats on the promotion tho..:)
Answers to the questions above:
1. The company is a Manufacturing company.
2. They have 17,000 employees.
3. Yes. Salary has changed but not significantly.
As of now PD is apr 2001, I dont know when will it move ?
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Is the photo digital or paper? OR the photo is first digital then you're printing it? Am I correct?
So from my understanding.....you go to Kinkos or CVS( do they know the requeirments of photo if I tell them about immigration photo for Adjustment of status?) .....they make a digital photo of you and then they are printing the digital photo? is this correct?
Please tell me what to do and where to go for I-485 photos.
Thank you in advance so much for your help.
Also note, the EADs say "Fingerprints Not Available"
Have anybody of you whose cases have transferred from NSC to CSC and back received Finger Print Notice.
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my questions, do i have use ead or can stay in h1b when the stamping is pending.
This is a sensitive issue and people have their own beliefs depending on their levels of exposure and experience.
Those who have been here since 1995 or before, most feel the growing frustration among a few(or shud I say most) groups of society against the south-asian community. You can attribute it to sep11, job losses or any other events..but the bottom-line is there is a difference..
those who havent seen the past can not see any difference...and argue all is green...well that is good also...ignorance is a bliss
That said, all know when to go back to homeland and do not need anyone's advise in that. Life is a trade-off, you take some and you give some...I guess most immigrants from India will say they feel more empowered, more homely, more natural in India than here..
Professional life takes us to many places...live your life wherever you are.
It seems every few weeks this discussion of VB predictions come up. Now neither Ron Gotcher nor Murthy nor Matthew Oh (or for that matter even God i think ;) ) can predict what the USCIS cut off dates will be. What is the point in debating whether Ron Gotcher is right or wrong? This is the United States, there is freedom of speech and anyone can say anything especially if it is just a prediction. We can assume a million things here, as to what the VB date should be, but will it be that? No one except the USCIS/DOS can actually confirm that.
Not even CIS, only DOS can make a meaningfule prediction. Last year, CIS had no idea that DOS would make all categories current in the July bulletin. If CIS had any control over that, it would have never happened.
If I remember correctly last year, some 14000 visas were given to India EB3. EB3 includes categories like Nurses, etc. We cannot expect them to login to and keep their status up to date. hence, numbers prove nothing.
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In your case, it appears that you did not send the approval copy of the first I-140 along with 2nd I-140 application.
Probably, you can send the approval of EB-2 I-140 with earlier PD, along with I-485 receipt copy to the Service Center and ask them to allot the earlier PD. Please take the assistance of attorney for doing this.
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I-140 is his stuff .
I-485 is ur stuff but in absence of I-140 it means nothing.
Your only case is if he has violated any of the H1 provisions.
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I agree that sucks. They should be processing based on PD and not RD. But when and if this >180 days policy for namecheck gets streamlined, and with PERM implemented, processing will be more FIFO than ever, even though IOs work on their own whims and timelines. I doubt visagate filers will see FIFO, but future filers will.
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Did not mean to imply you were wrong in any way. :-)
I merely posted what was on their website. Don't shoot the messenger....
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Thanks for your response.
Education evaluation was not done for bachelors because the Labor only required masters. My attorney is planning to use 2 years of my experience to compensate for the additional 1 year of bachelors degree
Thanks for your response.
Even my attorney says the argument of USCIS could be "building blocks" argument i.e. In US, for masters, 4 year bachelors is required. But, I only have a 3 year bachelor degree.
Sounds awesome!!! Do you know of any cases in the past where USCIS has considered experience in lieu of 1 year's education? If so, then you have a good chance to get through. Hope they approve yours sooner! Good luck
I understand...those that are calling USCIS have no other way of finding out if their receipts were issued, their Lawyer / EMployers may not even let them know...
So they call to see if USCIS may be able to lookup their case by Last name or something......