AK01
02-13 12:38 AM
No, experience from current company does not count.
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."
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."
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msyedy
02-05 01:38 PM
I have a old EB3 PD Sept 2003 with Company A , and a new EB2 and I140 approved from Company B.
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Can I ask my old company to file for I140 so that I may use the Old PD.
How can I bear the expenses of the USCIS and attorney's fees, given I am not working at company A.
Any clues would help.
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
gc_buddy
11-18 02:35 PM
Dear Members,
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
One of the IV member recieved a phone call from Ombudsman office and is as follows.
-----------------------------------------------------------------------
I received a phone call (WOW!) from a sweet lady from CIS Ombudsman's office. I sent letters to his office and in the letter I mentioned my cell #. Anyway she wants a real person who got deniel. I told her that my friend got deniel (IVens are my fried). Anyway, she sent an email too after I asked her to give her info so that my friend can send her his case details. Unfortunately, the email I received shortly after the conversation, looks like general and does not have her ID. Please PM me if you like to hear more about the phone call.
==================
Thank you for your correspondence to the Office of the Citizenship and Immigration Services Ombudsman (CIS Ombudsman).
We greatly appreciate your comments regarding issues concerning the American Competitiveness Act in the Twenty-First Century Act of 2000 (AC21) processing at the service centers. As we have received several inquiries such as yours, we are currently discussing these issues with USCIS and reviewing their policies and procedures regarding adjudication of these petitions.
If you have evidence of a specific I-485, Application to Register Permanent Residence or Adjust Status case that you feel was erroneously denied due to USCIS not adhering to AC21 guidelines, we kindly ask that you please immediately forward us a case problem request, including a copy of your denial notice, detailed information as to the reasons for the immediate denial, and, if appropriate, evidence that you have submitted a Motion to Reopen or Reconsider.
Instructions for completing a DHS Form 7001 (case problem) can be found on our website: http://www.dhs.gov/ximgtn/programs/e...l_0497.shtm#10.
Please submit your case problem and supporting documents via email to cisombudsman@dhs.gov or via facsimile to 202-357-0042 with the subject AC21 Evidence of Immediate Denial.
Thank you for your cooperation.
Sincerely,
CIS Ombudsman
(cmp)
----------------------------------------------------------
The issue is gaining attention. This is the exact time to crack it down. Guys, who have not sent the letters yet, please do now.
With the issue gaining momentum, we will defintely get some relief for AC21 issues. Please do send letters
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gcdreamer05
09-22 12:43 PM
hi All,
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
There are several forum threads explaining 6 months being the good-will time an employee should stick with, but if the company sends you out with proper relieving then it is not your fault.
One suggestion would be to ask your mgmt to provide proper reasoning in your relieval so that you can find another job outside and shift.
You have GC so you can do anything :)
I didn't find any topic on this so asking a question in a new thread.
I got my GC last month. My company has some problem and requested to take pay cut (50%) for next 3 months. Will this effect my Green Card. I came to know that I should get the salary mentioned in the file at-least for next 6 month after getting the GC. Is this true?
Please help me, I have to take decision ASAP.
Thank you in advance.
There are several forum threads explaining 6 months being the good-will time an employee should stick with, but if the company sends you out with proper relieving then it is not your fault.
One suggestion would be to ask your mgmt to provide proper reasoning in your relieval so that you can find another job outside and shift.
You have GC so you can do anything :)
more...
reddymjm
02-18 08:01 AM
I filed back in June, 07. I got second FP notice for my wife. Nothing for me so far and I am primary applicant.
Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.
Same for me. I even opened a SR. Got a reply saying FP on file. No need for another one.
desi3933
04-06 03:11 PM
You can see many denials for 3 year degree people in various forums including IV.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
I have one copy of the denial of my friend in hand. (AAO appeal in progress) It is 3+1+2=6, still they denied for EB2.
.....
You have not still answered my question for official source or link for your claim. I don't care how third party evaluator evaluates. I have seen so many varying evaluations done.
By theoritical no problem, if you have credits equal to US bachelors and masters degrees.....
Also, your calculation 3+1+2=6 is incorrect. Since this is BSc+BEd+MSc. For MSc, BEd is not needed and therefore you can't add time spent for BEd. Just like two BSc degrees do not make it equivalent to MSc.
If this one year program is not BEd, but "post graduate" diploma, still it is not going to work, since that "diploma" is not required for MSc.
_________________
Not a legal advice.
more...
gsc999
08-22 02:29 PM
My lawyer filed my Labor certification stating that the job requires 'BS degree in CS'. My labor got approved last month.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
---
You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
I hold a MS degree in CS and BS degree in Industrial Engg.
Now while I am about to file for I-140, I am getting information from various sources that my bachelor's degree has to be in CS, irrespective of holding a master's degree in CS.
Has anyone faced similar situation? How can I resolve this issue?
Please help as I almost spent 4 years in LC backlog queue!!!!!!!!
---
You should be Ok. Usually the job req. list the "minimun" job requirements. If you are overqualified that is fine.
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Dhundhun
10-26 03:31 AM
California allows drivers to take test in 31 languages other than English (Driver License and Identification (ID) Card Information (http://www.dmv.ca.gov/dl/dl_info.htm))
A cop should not be giving someone ticket for not knowing English.
Non-english applicants has to answer additional test for sign board reading. As far as I know, 12 more in CA in addition to 36 standard to make sure that even if someone does not know English (s)he understands what is written. A non-English driver is supposed to understands all the signs (over sixty) including "No right turn on red" (Sign as well as the words):
- Traffic Signs
- Red/White regulatory signs
- White regulatory signs
- Highway Construction and Maintenance Signs (Orange)
- Guide signs (Green/Blue)
- Hazardous Signs (Red, Yellow)
- Warning Signs
By taking Sign test (12 questions) CA tries to make sure that other language drivers understand Sign. This has independant pass marks, does not get combined with main (36 questions).
A cop should not be giving someone ticket for not knowing English.
Non-english applicants has to answer additional test for sign board reading. As far as I know, 12 more in CA in addition to 36 standard to make sure that even if someone does not know English (s)he understands what is written. A non-English driver is supposed to understands all the signs (over sixty) including "No right turn on red" (Sign as well as the words):
- Traffic Signs
- Red/White regulatory signs
- White regulatory signs
- Highway Construction and Maintenance Signs (Orange)
- Guide signs (Green/Blue)
- Hazardous Signs (Red, Yellow)
- Warning Signs
By taking Sign test (12 questions) CA tries to make sure that other language drivers understand Sign. This has independant pass marks, does not get combined with main (36 questions).
more...
GCSOON-Ihope
10-30 03:55 PM
Same aberration here!
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
My last LUD was 10/03 and was saying something like: "in response to your inquiry we mailed you bla bla bla..."
Today 10/30 I got a new LUD but the message has reversed to what it was before: "In October 18 2005, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made." and I just got confirmation ...with 5 e-mails!!!:confused: :confused: :confused:
Anyone has any idea of what this means or is it just another "glitch" of their crazy software?
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atlgc
09-22 05:56 PM
i do not think its any issue.go for it ..:mad::p:D
more...
a1b2c3
09-25 01:34 AM
If you need to retain your PD, does the job description need to be similar or can it be different?
Mine is a similar case, I-140 is approved and would like to switch employers on 3 year H1 extension....
My question is can I file for labor through PERM with the new company even if it is in different category and previous I-140 is revoked (worst case, maybe even realistic scenario)? What can my original company do to stop this H1 transfer/filing of new labor from happening?:confused:
Mine is a similar case, I-140 is approved and would like to switch employers on 3 year H1 extension....
My question is can I file for labor through PERM with the new company even if it is in different category and previous I-140 is revoked (worst case, maybe even realistic scenario)? What can my original company do to stop this H1 transfer/filing of new labor from happening?:confused:
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abracadabra102
08-27 06:07 PM
but if i go through a regular divorce process is that okay for the USCIS?
You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.
You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.
more...
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xiaomatu
06-05 04:33 PM
My I-140 was approved on 5/8/2008 and my attorney received the original approval notice on 5/14/2008. The online status on uscis website was like "approved, approval notice sent" at that time. But since 5/22/2008, the onlien status changed again into:
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
Application Type: I140, IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: Document mailed to applicant.
On May 22, 2008 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Anybody has any idea what this "New document" could be? My attorney said he has not received anything yet. Thanks in advance.
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EADchallenged
08-22 08:31 PM
Afsandyar, your link provides text that has existed for at least 3 months.
Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.
Where have you seen tha it is under discussion in the house. If this is true, it is great news, but I just hope it is true.
more...
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WaitingForMyGC
01-11 02:38 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
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jliechty
May 18th, 2005, 07:00 AM
I wouldn't know for sure, as I've never messed with bracketing automatically on my D1, but it seems that you could put the camera in aperture priority, set it for +/- 1 bracketing, and it should automatically take a series of exposures by varying the shutter speed and leaving the aperture constant.
more...
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brit89
07-05 08:33 PM
When the news broke about PDs becoming current, I told 2 of my friends and my family that there is something wrong going on.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
It is a common sense that the visa numbers are governed by policies and should be approved by senators in parliament if not by the president.
There were no indications in senate sessions nor announcement of any political intervention at the highest level to turn the table all together.
DOL and USCIS have all excuses to wash their hands of the issue now.
We should learn to forget what has happened to prepare ourselves to move on and on and on ....
Unless there happens a miracle like in fairy tales, we never know, all depends on our karma and not worthwhile to blame anybody on this.
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mariner5555
01-24 01:48 PM
Hi all,
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
will appreciate a reply ..I had changed my wifes last name to our married last name (in SSN). her EAD and 485 is in her maiden last name.
will this create an issue when we renew her EAD ? I wanted to renew with our married last name.
Thanks in advance
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styrum
02-13 11:50 AM
Remember: for Job Zone IV position requirements to be considered "normal" (highly advisable to keep them as such!) AND be suitable for EB2, the position must require MS and 0 yrs of experience. But the applicant may have BS+5 years of experience (then you will need reference letters from PREVIOUS employers) to qualify for such position and EB2. For a position falling into job zone V you can safely require MS+ experience. Nobody will deny the application if you are overqualified (have more years of experience than the position requires), but make sure you have at least as many, and remember you can't count your experience acquired with the same employer who files the PERM!
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
http://online.onetcenter.org/help/online/zones
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3460194d3e88d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD
(if the link above doesn't work, go www.uscis.gov, then Services & Benefits > Employer Information>EB-2 Eligibility and Filing)
nomorelogins
11-27 12:56 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
i guess the real benifit in terms of salary is for persons working for (desi) contracting/consulting firms who gobble up most of the profit.
zoozee
06-11 04:18 PM
Does anyone out there knows when is the next visa bulletin,I mean with the date the bulletin will be released?
Zee.
Zee.
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