coopheal
12-05 11:41 AM
While I have never worked on OS level, my company attorney has made a mistake. God knows why, but it is mentioned in my LC approval, the job code is: 15-1032 Computer Software Engineers, Systems Software :mad:
I found this link.
http://www.bls.gov/oes/current/oes_stru.htm
I found this link.
http://www.bls.gov/oes/current/oes_stru.htm
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priderock
03-26 03:22 PM
...and whats this poll going to do for us?
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
Proves that we are not cheap labor and we are not driving the salaries down. I know citizens in my position in my company are not being paid more than me. We had waited for three months to fill a position and we have to compromise in the end because we could not get enough resumes to go through.
abh
08-21 11:04 AM
I got RFE on my case my case is NSC-CSC-NSC Transfer. Got Soft LUD in last 2 days and got RFE mail yesterday night. Waiting to hear back from lawyer about type of RFE. But atleast seems like they had started working on my case and if no RFE it would have been approved.
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The7zen
04-16 03:50 PM
1. Sell all my stuff.
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
6. May be use I-485 receipt in Air India toilet on the way home (might hurt a bit but that is OK).
If after 10 years in this country, I-485 gets denied, I would not care for my H1-B status at all. I am speaking out of my heart, please do not give me red dots for that.[/QUOTE]
I am not sure about ItmNo: 6, but rest of the stuff sounds pretty good and echos my thoughts too :)
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EkAurAaya
10-11 01:03 PM
My labor cert priority date is Aug 21, 2006 and my 140 EB2 was filed in Dec 20, 2006 and I received the RFE last week from NSC.
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
I did complete the masters program but did not have the official certificate in hand. On my certificate and official transcripts - the date of graduation is the day the certificate was issued - which is Jan 2007 - which is the graduation date according to the verbage.
One of my friend got his degree certificate after 3 years but in his case he had to submit his final project (without which they would not consider the course complete)... in your case if you have completed all requirements then all you have to do is get an official letter from your school supporting your claim (that you completed all required courses in time), i think that should suffice...
Go with what your lawyer suggests
Good luck
Rolling_Flood
09-22 10:11 PM
bump!!!!!
bump
bump
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bbenhill
10-12 06:20 PM
Hi, I have another question regarding I-94. My last I-94 is from H1B approval, the previous I-94 was from airport (and expired as well, issued : 2006).
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
Today, I got answer from my attorney office that I will need to surrender my previous I94 (from airport not from H1B approval).
I found this confusing, here are the questions :
1. what happened if I surrender airport I-94 ? will USCIS assume I am out ouf status for a couple of years ?
2. which one that I need to surrender ? is it from airport or H1B approval ?
Please advice ... I am really confuse with this immigration things ..
Regards,
You need to always hand over your I94; whether it is expired or not. When you re-enter into this country you will be issued I94 based on either your h1b or AP or what ever visa you might have that is effective at the time ...
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cleopatra
02-07 10:24 AM
Thanks for the response.
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
The problem is not with current pay vs future pay. The company has other project managers (US Citizens) and will only pay what others get as PMs. The classification gave a pay that is almost 50% more than what other PMs make.
So the company will not commit/be willing to pay that high wage. Why should they? I know my company pays more than average of what PMs get in the industry. BTW it is not a consulting company and I work directly for the company, not clients.
I think the problem is that any kind of manager in computer/IT industry is classified under Computer information systems manager. While there can be hundreds of classifications that are not CIS managers.
To put things in perspective, the classification is for my boss's boss. But the job done by me and my boss and his boss are totally different.
So my question remains. How do we get classification as Project manager under EB2 with proper wages?
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CRAZYMONK
04-07 11:49 AM
Hi,
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
Which state you are in?
I signed an agreement with my employer who is holding my H1 visa. Agreement is saying I should not work for same client for 1 year. While I am on project, client is offering me pertinent job. My employer is saying I should not accept the employment offer from client. If I ignore my employer and accepts the offer from my client, I am going to be in trouble?
Thank you very much.
Regards,
Venkat.
Which state you are in?
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cableman
08-09 02:33 PM
You can have experience in any country not necessary in USA. But the experience earned at current employer is not considered towards 5 years
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
This is true. That said, if you transfer from one office/department to another office/department within the same employer, you can count the 5 years experience as long as these two offices/departments are using two different Tax Id for your W-2. This is what our lawyers told us.
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sayonara
10-15 12:23 PM
Called USCIS and generated a service request 10 days back...no LUD since then either..frustrating...
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desi3933
06-18 02:56 PM
Hi Gurus,
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
Please comment on my situation.
My current job, 140 is approved, and employer ready to file 485. But there is also a risk of layoff in coming 2 months. Employer won't revoke I-140, if he had to let me go.
I have another employer interested and has filed H1 transfer. I am in the 7th year of H1.
If I let current employer file I-485, and also get EAD/AP. Then if laid off after 2 months, and new employer ready to wait for 2 months from now, understanding the situation.
1. Can I join the new employer on H1, after 2 months.
Yes, New employer needs to file for H1-B transfer.
Will can cancel my I-485 processing automatically, even though the employer did not revoke the I-140?
No.
2. Should I join the new employer on EAD, which will be approved for 1 year by then?
It may be good idea to join on H1.
Will there be risk of violation of AC21, and 485 or EAD renewal being rejected at later stage? And what would be a fall-back strategy in such case?
GC is for the future job. AC-21 allows to change future employer after I-485 has been filed for 180 calendar days and I-140 is approved.
3. Just join the new employer, as it will be stable job. and not worry about the 485 date. It will be current again next year.
Invoke AC-21.
4. Is there any information, how the AC-21 works? Is it automatic, or do I need to file for some documents when I switch jobs. That would prevent me from taking any job before 6 months. But I may be laid off in 2 months.
Search on these forums. It has been discussed in detail.
Thanks in advance!
See above in blue. This is NOT a legal advice.
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cooldude
07-20 12:07 AM
Is your Fed Ex delivery to NSC? Do you know who signed your Package.
It was R. Williams for me.
Also there is a 4 digit reference : Case #xxxx . Do you have that, Is it anything to do with our 485 or is it just the FEDEX reference number?
Thanks
...
It was R. Williams for me.
Also there is a 4 digit reference : Case #xxxx . Do you have that, Is it anything to do with our 485 or is it just the FEDEX reference number?
Thanks
...
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wonderlust
07-19 12:03 AM
Hi, Looks like several of us have got glitches here and there on the I 485. As I mentioned in my post, the customer service persons at CIS told me to make correction after getting the receipt.
I suggest that each of us call the customer service just to verify whether the responses are consistent. I called 2 times and the responses were largely consistent.
The rationale for this proposed strategy is that customer service people sometimes are impatient and really do not answer questions appropriately. This seems to be a common problem with over-the-phone customer service.:mad:
Please let me know if you called in and get a response: 1 800 375 5283
Take care.
W
I suggest that each of us call the customer service just to verify whether the responses are consistent. I called 2 times and the responses were largely consistent.
The rationale for this proposed strategy is that customer service people sometimes are impatient and really do not answer questions appropriately. This seems to be a common problem with over-the-phone customer service.:mad:
Please let me know if you called in and get a response: 1 800 375 5283
Take care.
W
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lvaka
05-19 02:17 PM
I 140 : approved last month
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
I 485 : July 07 filer passed 180 days
GC Process : Substition Labor / Future employment
The future employer is threatening to withdraw the I 140 if I dont comply with his financial terms.
I heard that if I 140 is approved and 485 is pending for 180 days, even if the employer withdraws I140 , there isn't much we need to worry. Is this true. currently on h1 which is expiring next month 6th. To convert to EAD do I need to do anything specific and send an update to USCIS?
Even though ur employer withdraws, its not an issue. For working on EAD, you need to provide a new I-9 form (With EAD info) to your new employer. This I-9 form is only for the Employer to keep records. AC21 letter can be sent to USCIS, but as everyone says its not a must. But am sure you need to have a new lawyer represent you with a new G28 if there is an already an existing lawyer. If the 140 is withdrawn, there may be a chance that USCIS may send you an RFE for the new offer.. It may happen only when ur case gets abdjudicated.
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rajmehrotra
07-05 11:45 AM
What has happened has happened. Maybe USCIS and/or DOS did goof up. Or maybe they really did want to reduce the backlog and use up all the available visas, and with all the good faith they could muster, worked themselves into a frenzy and on morning of July 2nd, they realized their blunder.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
All the talk of lawsuits and class action, IMHO, is just a gravy train by the lawyers and for the lawyers. We, the 485 filers will just extras in their lush production. What kind of remedy do we expect? The Visa Bulletin is ex cathedra guidance, but subject to revision, even if there is no precedent for such revision. There is no law that spells out the formulation of the monthly Visa Bulletins. It is merely an administrative guidance tool, no different from a train schedule, with all of its implicit caveats.
Anyhow, hard as it is, we have to hunt for the silver lining in this episode. I think if this story got enough traction as a shining example of shoddy treatment of people who respect and follow the law, and contribute positively, in every sense of the word, to the well being of the United States, we will have it in play. Intervention from the Executive and Legislative branch could then be elicited. Individually, all of us should lay out our cases, respectfully and in good detail, to the Senators and Congressmen of our areas, to let them gauge the enormity of the problem at hand. This would be dream issue for the Senators and Congress people to attend to if it gains the critical mass. Doing whatever is required to right this wrong has no downside for any of them. They can even credit themselves for somehow rescuing a remedy out of the CIR fiasco. They can be the heroes here.
The New York Times and The Wall Street Journal have already run the story. We need to build up on this. Even the Lou Dobbs and law-and-order types in the public arena can be roped in on this one. After all, we are trying to immigrate the right way, by fastidiously following the law, and dropping significant chunks of dollars all around while doing so.
If our efforts lead to recapturing of unused prior-year visa numbers, a relaxation in per-country limits, a delay on the filing-fee increases, and perhaps some movement on the SKIL Bill, we will have a net gain.
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yabayaba
08-18 09:34 PM
My Wife got RFE on EAD, asking her to schedule an appointment for biometrics. There is no scuch thing that we could sehedule biometrics. We took an infopass appointment, USCIS officer she understood the issue and aimmediately gave an apponitment for biometrics.
Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.
Inconsistent RFE are issued by USICS these days. Take infopass appointment, go to the field office with all the documents and hope they would help you.
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smuggymba
05-31 07:25 PM
I am going to apply for a position in Oracle but do not know if it files green card or not. I am reluctant to ask this in the interview.(They may prefer somebody who does not need it) . Also I wonder if there is any wait time for them to file the green card after joining. I posted this because I think some of you might be working for Oracle and might be knowing. Anybody knows the answer , please reply here or send me a private message.
Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.
Yes, they do. The timeline after which they file is 1 yr but clarify this after all ur 3 rounds are done with the HR. This is something u can discuss at the end after u have the offer letter in hand.
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bslraju
09-13 05:48 PM
Came to USA in 2001 Feb. As many other stories, my old employer did file my labor on Jan 2006 on EB3 though i was eligible to file under EB2. I have 3 + 2 years in India.
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
Changed employer using EAD in 08.
Current company is doing porting to EB2.
Unlike before, Now USCIS rule is have MSc(Computers) after completing 3 year degree in india is no longer equal to US master degree
it should be eaither 4(engineering)+2 (masters) or 3(BS)+3(MCA/other)
thus its equivalent to US bachelors degree.
So my employer (big 17k employees) decided to file based on my exp.
Job description says "Bachelors degree (B.A) in related area and 4-6 years of experience
in the field or in a related area."
Will this be a problem as one of EB2 requirement is BS or equivalent US degree with 5 years of experience. But this job desc says its 4-6 years..
scubadude
May 23rd, 2005, 08:00 PM
Canon EOS Digital Rebel, 75-300 1:4.5-5.6
Natural lighting in shade at a high school stadium in early May
Natural lighting in shade at a high school stadium in early May
desi485
01-08 12:55 PM
My employer has not provided copy of labor or I-140.
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
I am not planning to use AC-21 as my employer and work profile is good. But say if there is some thing unplanned happens, and if I need to change jobs, what can I do?
not having copy of labor or I-140 is an issue for AC21?
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