franklin
02-13 10:49 AM
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
Interesting! Thanks for the correction
pappu
07-17 09:44 AM
IF everyone contributes an average of $200, we will have $ 4 million and IV WILL have all the resources to resolve all of our problems.....
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
WHAT ARE YOU WAITING FOR ???????????
ANOTHER NEAR FATAL KICK LIKE THE VISA REVERSAL????????????
WAKE -UP & CONTRIBUTE TODAY IF NOT DONE TILL NOW
THANKS
Wow I did not realize we are now 20K + strong. This is incredible. The stronger we are the better we can do with our advocacy efforts.
ItIsNotFunny
03-04 05:52 PM
Sorry!!! Handle?? Short Name??? I did not get it
Your handle is sliggggghhhhhhtly longer than usual. Was just making 2 seconds fun. Please don't mind :)
Your handle is sliggggghhhhhhtly longer than usual. Was just making 2 seconds fun. Please don't mind :)
sanjay02
01-22 04:40 PM
Have you used AC21?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
What are the implications if for some wierd reason your I-485 gets denied and you dont have an H1-B to fall back upon?
Say you have an H1-B which is extended for 3 yrs( based on approved I-140) from now till 2011, in the year 2011 your I-485 file is opned and its not approved for some reason so will you get another 3 yr extension for H1-B ie till year 2014?
more...
belmontboy
07-01 02:30 PM
thank you
why are you thanking yourself? :D
why are you thanking yourself? :D
ronhira
12-31 09:13 AM
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
more...
enqueued
12-11 01:38 AM
Hi,
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
We applied for EAD and Adv parole renewal on July 2nd for my wife. Her new EAD card was received in September and no word on the Adv Parole yet. Online status still shows 'case received and pending'.
She had her previos Adv Parole expiring on Oct 22nd. She left to India on Oct 1st. Now that her previous Adv Parole has expired and new one still not approved, will they allow her to enter US?
Thanks!
I did some research on traveling with AP. AFAIK it has to be approved while you are in US - especially if you are an AOS applicant.
http://www.murthy.com/news/ukpbadpl.html
http://www.usimmigrationsupport.org/advance_parole.html
Good luck
Thanks
sunnymit
02-17 04:19 PM
Where does one get this document that you have posted here?
more...
chanduv23
09-15 08:40 PM
Thread number 8 by Chandu......you must have filed under EB - "Too much time on my hands"
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
Whatever you say I take it - BUT PLEASE DO MAKE IT TO DC AND TRY TO MOTIVATE PEOPLE
dorairajsuresh
04-16 03:09 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
more...
andy garcia
06-27 01:19 PM
I-140 approval with 6/06 as PD for EB2. But the notice says that the information submitted with the petition shows that the individual may not be be eligible to file for AOS at this time. Additional information about eligibility may be obtained from local INS office?? Is this how the approval should state
Do not worry.
At the time of approval your PD was not current, which is until Jume 30.
After July 1 you can apply for AOS.
Do not worry.
At the time of approval your PD was not current, which is until Jume 30.
After July 1 you can apply for AOS.
BarneySha
07-18 08:42 AM
$320 an hr!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
His 'RFE response' charges were $450!
go figure...
lotsa people are making money out of the s*ituation we are in!
more...
siddar
11-09 04:38 PM
So hypothetically:
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
person has approved 140 from comp-A but moves to comp-B
A revokes the H-visa and 140.
The person can still extend for 3 years, through B using the approved 140 (from A).
This can continue till the day the persons PD becomes current?
It makes sence because once the 140 is approved and 485 is not yet applied for, there is essentially "no application pending" for this person on which they can issue and RFE, right?
However, when he tries to extend using the older (comp-A) 140, cant the CIS issue and RFE for evidence from comp A that they still intend to hire this person in future??
If the company cancels the I-140, that means the company is not supporting your GC, plain and simple. I-140 should be in good standing and approvable for extending the H1b status.
agt
05-22 12:31 PM
You will have to file the WH-4 form to DOL. Please do the search in this forum/internet as this has been discussed many many times.
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
USCIS is cracking down on employers. Whether you are on project or not. Doesn't matter. Employer has to pay you or lay you off and provide ticket back home.
Once you file WH-4, ball is in the court of USCIS/DOL/Employer for unpaid wages.
Thanks for your Reply.
My Employer is also threatning me that if I ask him for salary then he will lay me off and immediately send me back to India.
can he do like this ?
more...
deba
01-22 05:46 PM
"Twenty years from now, you will be more disappointed by the things that you didn't do than by the ones you did do.
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain
So throw off the bowlines. Sail away from the safe harbor.
Catch the trade winds in your sails. Explore. Dream. Discover."
- Mark Twain
nashdel
04-06 11:26 PM
I went to Delhi recently for emergency appointment. The person who replied to my email (within 12 hours) told me to call next morning.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
He gave me option for next day and told me to bring demand draft rather than their receipt for HDFC bank (lady at the counter did ask me about it though).
You should complete the online application as per their recommendations on website. It is very important. They would avoid data entry by you doing so.
Counter Lady put a blue sticker on my passport just like old times and asked me to collect my passport from embassy counter itself.
After usual long wait, I was interviewed and even though I did not have some of the documents she asked, she did not create any problems.
However, she said since my application is not cleared in PIMS, she is helpless in issuing visa. She gave me pink slip with ' petition not in PIMS' and emergency appointment written over it.
She asked me to check status on line at NEw delhi embassy website.
Anyway, it took them 2 weeks to clear PIMS and I had to postpone my flight 2 times. Emails to them is useless. they would not reply at Delhi. Phone is answered between 2-3 PM and I have to constantly redial many many times before some one will pick up.
I asked for them to return my passport many times so that I can return on AP but they would not do that. (could have been risky long term as my I 140 is not cleared yet). My h1b attorney`s paralegal did advice me to come back on AP if I am at risk of loosing my job. She said usually going back to H1b is very simple process even after you enter on AP.
Anyway, If you have AP, think twice if your employer is not willing to wait longer than necessary.
By the way my information was never updated on website even after I got the visa. My wife was calling DOS in US and they were very helpful in telling the status of PIMS.
Hopefully that helps you in your difficult times.
more...
broadcaster
11-19 10:28 AM
Thanks for the information. On november 9, 2007, I called using other options and CSR level 2 took my data to begin a report. Today, I followed your instructions to check if there was a more effective way to obtain an aswer, but I am really dissapointed. CSR used my name to look in their system. The only thing that she could found was my H visa application. She never mentioned that there was an investigation due to my call of november 9. Finally she just asked me to wait 30 more days, and neven mention the option to place a report.
javadeveloper
05-26 05:23 PM
Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
Do you have any link/url?
I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.
So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.
How ever, I need to make this is false. Still I dont agree this logic.
Do you have any link/url?
ebizash
04-05 01:52 PM
Did any one of you, who refinanced, owe more than the home's worth? For example, house is worth 200K but the current mortgage balance is $230K or something. I heard that the new Obama initiative will help these people refinance with FHA. Anyone knows if that is true?
gc_on_demand
08-06 02:37 PM
Hello All
Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is
Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .
His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.
These are docs I found on USCIS for public charge
http://www.uscis.gov/files/article/public_cqa.pdf
http://www.uscis.gov/files/article/Public.pdf
http://www.uscis.gov/files/article/public_cfs.pdf
Please help in this matter. Any suggestion welcome.
Friend of mine is applying for I 485 . And confused about One perticular question in form. Question is
Have you received public assistance in the United States from any source, including the U.S.Government or any State,county, city, or municipality (other than emergency medical treatment), or are you likely to receive public assistance in the future? YES / NO .
His wife had used Medicaid and WIC for prenetal care when she was on F2 Visa. My Friend was in F1 visa by that time. He took opinion from two different law firm and got totally different response. One firm says Medicaid and WIC are not part of public charge so donot put YES there. Another firm is asking to put YES and explain in seprate sheet. Does any one has same or simillar situation and already filled I 485 or got gc.
These are docs I found on USCIS for public charge
http://www.uscis.gov/files/article/public_cqa.pdf
http://www.uscis.gov/files/article/Public.pdf
http://www.uscis.gov/files/article/public_cfs.pdf
Please help in this matter. Any suggestion welcome.
eeezzz
10-09 04:14 PM
and when the processing dates move forward, the pd will retrogress. they will find ways to scr** this way or that.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
I think processing dates only matters about if you can do SR. It doesn't matter if they are going to adjust your I-485. The reason I think this way is based on processing date for EAD and AP. Myself and many people got EAD or AP and our dates are no where close to the date list on processing center. So I think processing center date not really matters if they have your case in hand and ready to adjust.
Maybe when the boss at USCIS thinks CSR are bored, they will adavnce the date to keep them busy with SR.
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