meridiani.planum
06-15 11:10 PM
I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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digmetalq
04-23 03:04 AM
The damage is already done, so now why would they care about any immigration laws, legal or illegal, I pray everyday, for that one day all the xenophobics jumping the fence, because the way I see it no ILLEGAL drugs will be available unles you live in Detroit , the supply and demand will cause them to start a new visa program, which the xenophobics will support overwhelmingly.
ns007
06-15 11:13 AM
3yr.
1yr extension rule kicks-in after 6yr.
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
1yr extension rule kicks-in after 6yr.
What if H1-B extension is for last 3 years of total 6 years? It means,my first 3 years are ending in nov 07, and if I file 485, will I get 3 years of extension or 1 yr extension?
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logiclife
02-16 06:12 PM
The house bill HR 4437 does not have little benefit for legal employees. It has NOTHING for legal employees. NOTHING.
USCIS wont allow 485 applications coz its slow and cant process everyone, it will allow filing based on number of applicants it expects compared to number of visas available. And the beauty of this thing is...USCIS has NO FRIGGIN CLUE how many 485 applications it would expect if it moved the PD forward by so and so date. They are doing this on guesstimate basis. And another beautiful thing is that if they play too safe, the quota of 140 K might not even be used fully even this year in 2006. Those unused visas will sit there either unused or issue to our dear nurses under Schedule A.
USCIS wont allow 485 applications coz its slow and cant process everyone, it will allow filing based on number of applicants it expects compared to number of visas available. And the beauty of this thing is...USCIS has NO FRIGGIN CLUE how many 485 applications it would expect if it moved the PD forward by so and so date. They are doing this on guesstimate basis. And another beautiful thing is that if they play too safe, the quota of 140 K might not even be used fully even this year in 2006. Those unused visas will sit there either unused or issue to our dear nurses under Schedule A.
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GCcomesoon
08-25 04:38 PM
Hi
My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.
Here are the case details
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
my case - I131 - approved - 7/24/07
spouse case - I131- approved- 09/12/07
EAD approved for spouse - 08/20/07
EAD approved - 10/25/2007 - for me
LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
FP scheduled - 12/12/2007 -
Case approval for me (email ) - 04/24/08
FP( for 485 ) -05/17/08
Physical card- 08/03/08
Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )
My approval happened on April 24th , 2008 . I got the physical card on 08/03/08.
Here are the case details
Thanks
GCcomesoon
Priority date - 05/2003
140 approved - 10/2006 from TSC
485,131,765 RD-6/04/2007 at TSC, notices received - 06/07/2007
CA, EB2
Wife's case returned due to some error,send it again & received on 06/17/2007 as per Fedex
Wife's case RD- 7/10/2007
my case - I131 - approved - 7/24/07
spouse case - I131- approved- 09/12/07
EAD approved for spouse - 08/20/07
EAD approved - 10/25/2007 - for me
LUD in my case - 485, - 7/11/07, 11/02/2007,11/28/2007,11/29/2007
LUD in 485 case for spouse - 10/04/2007 ( after FP ), LUD - 11/14/2007,11/28/2007,11/29/2007
FP for spouse - 08/08/07 , I rescheduled it.
FP scheduled - 10/03/07 - Done
FP scheduled - 12/12/2007 -
Case approval for me (email ) - 04/24/08
FP( for 485 ) -05/17/08
Physical card- 08/03/08
Wife 's case is still pending & no updates.. ( raised a SR , would follow up next month )
nozerd
01-18 12:54 PM
Only Primary applicant needs to take it for sure. Even for US immigration you could be NIW candidate but your spouse may be illiterate still she will also get GC.
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sparky_jones
04-09 10:14 PM
Dear All,
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
1. State her true current status. If she's switched to H1B, state "Temporary Worker".
2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
3. It should be the date of expiry of your current I-94.
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
1. State her true current status. If she's switched to H1B, state "Temporary Worker".
2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
3. It should be the date of expiry of your current I-94.
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obelix
03-02 11:38 AM
Looks like your PD is current. You might get your GC anytime. That is another factor I would consider if your GC gets approved before you get married.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
Filing six months in advance seems to be a better idea.
Thanks for your input. I had incorrect information attached under my signature. I've not even started GC filing yet.
more...
Cheran
04-06 10:28 AM
This is talking about I-140 and not I-485.....
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
Could you elaborate why you say this is about I140? I couldn't derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I don't think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I don't buy that.
My I-140 filed with TSC is still pending since August 2007. I hope I get a decision ( hopefully positive) by Sep 2009!
Could you elaborate why you say this is about I140? I couldn't derive that from the posting. Anyhow this whole this is utter nonsense from the immigration department. I don't think there will be any action, period.
The whole thing is written as if June 2007 happened by mistake, I don't buy that.
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TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
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wandmaker
08-11 06:45 PM
For example, for my I-140 under EB2-NIW, NSC processing date shows February 27, 2007; and I filed in April 2007. But, I got approved. (no complaints). Technically, they shouldn't have picked up mine.
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
You are lucky to have your 140 approved :) There are many people that I know, whos files are still waiting to be dusted.
See, quasi-citizens i.e., people applying for Naturalization have better luck because their local congressman will be making calls and putting fire under USCIS ass because these are potential voters in November. So, they have some leverage. But people who are waiting for green card are no good now... wait for 5 years after you get it, you may have luck in getting their attention.
Focus your energy on IV activites (state chapter, campaign and etc), spend time with the family, and live your day to day life. We will get there soon enough with everyones' support ($$$$)
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sury
11-15 02:59 PM
-------------------
Current Status: Document mailed to applicant.
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.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
Current Status: Document mailed to applicant.
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.
------------------
We recently filed AR-11 for which we also recieved receipts from USCIS to my new Address. What would this mean. Is it that they are trying to send a new copy of I-485 receipts again...
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gconmymind
09-29 02:06 PM
My wife had her 485 FP on Friday. We had filed her 485 last month, mine was filed last July. Both our 485s have soft LUD on 9/26, 9/27 and 9/29. No status update. Should I read anything into it??
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howzatt
11-14 01:29 PM
Yes you are true, FP doesn't have anything to do with EAD approval.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
We did not apply online. It is a paper-based application that reached USCIS on AUg 14th.
However if you apply EAD online, then you will get FP notice as a part of the process.
good luck :)
We did not apply online. It is a paper-based application that reached USCIS on AUg 14th.
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sam_hoosier
12-21 10:25 AM
I will also be calling in.
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javanmard
03-22 10:01 AM
Thanks B, how long did it take for u? I need to go to my home country for some urgent work, so worried a lot. was it in California service centre?
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chanduv23
08-01 09:49 AM
Please note the reponse I got from service center to a query sent by the senators office
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
""
The scheduling of the biometrics is not based on the FBI fingerprints or name check being clearedfirst. ""
All waiting for FP leave no stone unturned, call, take infopass, etc
Thanks
I took infopass last week in NYC and the officer told me she will contact the TSC office and get it going and gave us a document signed by her stating the same. She asked us to come back in 45 days if nothing happens.
I doubt anything will happen, I am sure I will go back in 45 days and at that time they will say, you are not current anymore or some other reason.
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rheoretro
09-25 04:37 PM
I think we can get some financial support from Housing Market !
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 200000 (average house price) = 100 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY.
Please IV Core members take this idea seriously and at least
SEND A LETTER TO National Association of Home Builders (NAHB) president.
Thanks for the suggestion. You're kidding, right? And if you are serious, please draft the letter yourself, and good luck getting a response from NAHB!
Facts:
------
The housing market is slowing down significantly and there are millions of unsold homes out there.
More than 1/2 million people are stuck in the green card process. I am sure
most are waiting for green card before they buy their house and make longtime commitment.
I think we are a "Frozen" pool of customers for the Housing Market.
500000 H1B X 200000 (average house price) = 100 billion dollar market is just
inaccessible just because of retrogression.
I think we should convince them to help us FINANCIALY.
Please IV Core members take this idea seriously and at least
SEND A LETTER TO National Association of Home Builders (NAHB) president.
Thanks for the suggestion. You're kidding, right? And if you are serious, please draft the letter yourself, and good luck getting a response from NAHB!
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vallabhu
11-13 04:16 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
mps
09-27 05:56 PM
this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...
suggestions??
If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !
(Don't trade with money you need for housing, food, & clothing)
suggestions??
If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !
(Don't trade with money you need for housing, food, & clothing)
shirish
08-31 01:46 PM
USCIS goes by country of birth, so registing a new country will not work.
OK so we're 1 million in the backlog. That could be a small country.
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
OK so we're 1 million in the backlog. That could be a small country.
Instead of spending hundreds of thousands on lobbying, we can just buy a piece of land somewhere (big enough to have a passport office building), get immediate citizenship in our new country and then USCIS will be able to process our GC applications within a year.
Someone from Taiwan (and smaller neighboring countries) can get GC in 1 year but if you're from China you will wait 6-10 years. I am not sure of how much cultural differences exist between these two countries, all I know is that my Taiwanese friend speaks Chinese, goes to Chinese church. So much for diversity.
So.. if anyone has the info on how to register a new country, I'd like to know.
Sorry, its the wee hours and I just felt like posting this. Please close thread as and when desired.
Sidenote: Hear IV Rally announcement on Dallas Radio www.funasia.net (http://www.funasia.net) in the following slots (Central Time)
8/31:7.45am & 6pm;
9/3: 9.25am & 6pm;
9/4: 7.45am & 6pm;
9/5: 9.25am & 6pm;
9/6: 7.45am & 6pm;
9/7: 9.25am & 6pm;
9/10: 9.25am & 6pm;
9/11: 7.45am & 6pm;
Also live discussion for few minutes about IV Rally on Saturday during immigration show at 3pm central
Sponsored by members of TX chapter of IV (http://groups.yahoo.com/group/texasiv) &
the Law offices of Sherin Thawer http://www.thawerlaw.com and TX chapter of IV
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