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desi485

09-27 10:12 AM

^^bump^^

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imneedy

02-05 10:12 AM

Shahuja and Raju,
thanks for your reply, let's hope you get them soon.

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Apollon

06-30 12:16 AM

The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.

If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.

My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.

Thank you very much for prompt and precise response. The reason you listed makes perfect sense. However, my situation is a little different and I have a couple of questions, directly related to your answer:
1. As I've mentioned, I do have close to 10 years of accumulated overall experience in my field - only half of it came before I graduated. I was already employed in this field before I started college and during it, and I have experience letters from employers to back that up. The only thing is, since I didn't have a degree, my job title didn't include "engineer" in it, although I was working same field, doing similar jobs. So, it's not that when this sponsor hired me for this position I did not have 5 years of relevant experience in the field - I did, it's just that half of it came before I got the degree and unlike DOL EB2 requirement - my sponsor did not have the restriction for this experience to be post graduate.
My first question is: will this argument work with DOL, saying that when the sponsor hired me I had over 5 years of relevant experience (I can prove it), just not post graduate experience and that is why the sponsor claims this job indeed requires B.Sc. + 5 years experience, although for them it's OK if the experience didnt come after I got the degree?
2. Hypothetically speaking, lets say I found another consulting company, which is willing to apply for my green card through EB2 track, without transferring my H1 visa and before I actually start working for them - will I be able to count these 15 months of experience with current sponsor, when the new company (who I don't work for) will be applying for my green card through EB2?

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eb2_hope

08-08 09:20 AM

Friends , Just wanted to let you know that Infopass at Detroit local office is total waste of time. Today morning I had infopass appointment ( EB2-I 2004 ) .IO officer told us that they are not allowed to give any information regarding name check due to security reasons. Also IO told us that 1-800 number CR are trying to get rid of us hence they send us to Infopass at local office but local office has got instructions not to reveal any information about I-485 employment based cases.

So much for transparent and fair law in USA and american dream ..:mad::mad::mad:

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desi485

09-26 05:38 PM

My application reached NSC (as per FedEx tracking) on July 24.

My co-workers who filed to NSC thru' same lawyer all got receipts and FP notices. Many of them filed weeks after.

My checks have NOT been encashed yet. Neither I have received any updates on receipts or any kind of processing.

USCIS offers no help and told me to wait for 90 days. Lawyer has the same opinion. Last USCIS receipting update shows that all centers have processed upto July 29 applications.

My last name starts with 'z' and my co-workers are making fun of me that USCIS processes AOS applications alphabetically based on last name :o

what could be the reason??? This is killing me.

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redds777

09-20 08:47 PM

Hi

I would suggest you to go with employer B and get the EVL from them and sunbit to USCIS.
if possible delay H1B filing from employer C if you can
I also strogly suggest you to talk to an experienced attorney who has experience with AC21 like Murthy , khanna etc.. and respond to the RFE .

Hope this helps

Redds

Someone please help...I have a limited time to respond to this and would be great to hear from someone who received similar RFE and responded.

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snathan

02-09 09:23 PM

Infact, I got good news today. My MTR approved after 3 months. My 485 was denied due to withdrawal of I140 by previous employer (AC21 case).

So I had applied MTR and approved today. Looks like USCIS understood the error and approving all MTR (I didn't hear a single MTR rejection on AC21 case )

Celebrate the good news and donate here at


http://immigrationvoice.org/forum/showthread.php?t=23597&page=1000

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anilsal

08-15 01:44 PM

Will do my very best to attend and will encourage others to attend too. I know this is important to me like you and everyone else here and Thanks for what are doing to community.

Thanks for the contribution. :) Also I do suggest you take a look at the IV merchandise.

Getting checks cashed must be a relief for you. Enjoy the peace that comes with it. :)

Additionally:
http://immigrationvoice.org/forum/showthread.php?t=12389

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green_card_curious

03-08 12:15 PM

Thanks Drak. My attorney states otherwise though. He states that I-485 will be denied only after the ultimate denial of the I-140, which he says might take even about a year, and that in the mean time, I-485 will be valid and that she can continue to work on EAD.

P E R P L E X E D !!

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saketkapur

04-21 04:49 PM

Well California is not same....they took 4 months to renew my lisence....and its purely based on the expiry of the H1B I-94 :mad:

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kaisersose

04-16 03:11 PM

Thanks for the quick response gurus. Would like to know if anyone else is in the same boat. Also because of this issue, my spouse is resigning her job and going out of US for a H4 stamp. Is there any way we can avoid it as it is a oversight issue?

Thanks

This is jut my opinion, but I would do exactly this. She should not be quitting her job. If you file an MTR quickly, then she is not really breaking any rules.

Even if you get a 485 rejection notice, it is still OK as long as you file an MTR in a timely manner. The case status will change to "under process" and then you will be fine again as long as your lawyer takes care to extensively document your case so that an IO cannot make a mistake about your EB category again.

In short, just keep your jobs and file an MTR ASAP with correct documentation.

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sgupta33

03-20 05:05 PM

Thank you ZCool for the information.

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satyasaich

07-21 09:14 AM

When i was in a fortune 5 earlier in my career, Fragomen & Assc were my attorneys as well. Never had such thing in the past nor heard of it. By the way, thousands of people work from home in a company where i was also working from home till yesterday. ( today 7/21 i don't have a job due to EAD processing delays )
it's just their inability to explain the business model. For example, if you are in IBM, they have only few offices in midwest and most of the people work from home & travel to client site based on necessity. Some of the positions ( suchas DBA / Unix Admin/ Web Admin etc;)doesn't even require presence at client location not even once in an year.
That's how the business model is existing. just because some officers / clerks in USCIS doesn't understand / nor interpret properly the vebiage or context of law, it's their traning issue. worst case scenario, that's why we pay hefty amounts to so called 'immigration attorneys' to 'explain' the law & to work with USCIS officials to do the 'CORRECT' thing
Normally my wife is the one who is used to post or follow up on the latest here.

This came up a week ago. I have been working from home in a different state and we do not have any company office near my home. Nearest office location is about 3 hours. I had to move this far away due to personal reasons.

Now after working from home for 3 years (extending EAD, H1Bs etc) Fragomen (most of you know who they are) says I cannot do work from home anymore due to this conflict with uscis. it seems USCIS doesnt recognize your home as a Govt recognized work location. Hence I cannot work from home.

Now my manager wants me to only work from the office since folks reporting to me are also in that state. Now he is using Fragomen and HR emails as a reason for me to move back.

Anythoughts ? I am sure you all will agree that is the law. but why all this now ? even after working for 12 years.

One other point the fragomen lawyer said is - this is going to be the case for all thier clients.

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surabhi

06-19 07:25 AM

Folks,
I am due for an EAD renewal. However, my I-485 Receipt Notice got lost in mail. :(

Can I still e-file. A lot of you said, we have to send a copy of the receipt notice as a supporting document. Can I do without it.

Any pointers would be really appreciated.

Thank You

-Bipin

I-485 reciepts are not part of required supporting documentation.

http://www.uscis.gov/files/form/I-765instr.pdf

see page 6:
This is for paper filing.

Need front and back of EAD card
2 photos
$340 check or None as applicable

i-485 receipt notices are required only for first time filers not filing along with I485.

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bluekayal

08-20 05:41 PM

I spoke to a TSC Immigration Information Officer (not customer service). he says they have about 9000 service requests they are looking at. Generally they are not supposed to give status info, but this person does. He is a people-friendly officer.

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gc28262

03-13 10:45 AM

Received a mail for myself and my wife. welcome to USA. But no email from CRIS.
:):):):):):)

Congrats !

What a way to announce it :D

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GCard_Dream

07-09 02:07 AM

Both my wife and I applied for our AOS together during the July fiasco. My wife received a RFE for another medical exam today. We both did our medical at the same time and were submitted with the AOS application but only my wife received the RFE for medical. I did receive another RFE but not for medical.

Why would she receive the RFE for medical? Does the medical exam also expire as the finger print does? If it does expire then why would only one of us receive the medical RFE and not the other?

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wandmaker

08-14 06:44 PM

Congrads. Did your dependent got approved I-485?

Yes, we received everything together (email, welcome notice and card).

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vedicman

10-21 09:56 AM

Hey bhagwan, is budde ko dharthi se tu utha le..

(Oh almighty, summon this old man away from us)

Two choices God:
1. Amen
2. Give him some sense :)

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wandmaker

08-26 06:07 PM

Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?

Regds,
Vani

No way, you will have to ask your employer

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pmb76

03-25 04:49 AM

This sustain act is total BS. They want to increase H1-B numbers without reforming the EB system. They do not want to increase EB numbers. They do not want to do away with country quotas. They don't have country quotas in H1-B. This just creates more and more backlogs for everyone. I HOPE THIS BILL DOESN'T PASS. The companies and lawmakers just want cheap labor without "paying" for it. Just a bunch of self-serving bigots !

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