morchu
04-19 11:48 AM
No. You cannot get bachelors in india with 14 years.
The Diploma route for bachelors is this...
10+3(diploma)+3(bachelors).
For some other schools
10+3(diploma)+4(bachelors).
So in effect, the diploma route also puts you in 16 years / 17 years for Bachelors of Eng.
It might be extremely difficult to claim 14 years equivalent as US bachelors.
-Morchu
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
The Diploma route for bachelors is this...
10+3(diploma)+3(bachelors).
For some other schools
10+3(diploma)+4(bachelors).
So in effect, the diploma route also puts you in 16 years / 17 years for Bachelors of Eng.
It might be extremely difficult to claim 14 years equivalent as US bachelors.
-Morchu
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
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indo_obama
05-12 03:40 PM
I agree.
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
:rolleyes::rolleyes::rolleyes:
agree 100% .....thats us indians ... a real selfish lot
Citizens want to either start consulting companies and get H1B employees or want to stop more Indians coming. More Indians mean less jobs for their children.
Green card holders do not even want to be friends with H1B.
H1B do not want to be friends with F1.
H1 girls want to be married to citizen or Green card holders. Or someone with EB2 PD.
Green card IV members do not even want to come back here.
:rolleyes::rolleyes::rolleyes:
agree 100% .....thats us indians ... a real selfish lot
svr_76
03-11 07:07 PM
My friend - the list provided the consulate is a list that is now being asked after thoughtful deliberations. Consulates do not fall easy prey to petty politics of local (US) congressmen or Senators.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
They have not mentioned that if you dont have any-one of these documents you cannot apply for an interview. If the petitioner is good enough employer there is not harm in going w/o one-2 docs missing and a explanation letter of why its not there.
If the employer has tax filing for previous years, employee list and wage report to proove that employer has paid IN FULL and IN TIME to all employees irrespective of whether they were on bench or on assignment then there is nothing to fear......
If you have been in similar situation (not being paid on bench...or employer is exploiting you) its your personal problem. Dont say that there is no mis-use and govt should not plug the hole if it has not done it in the past.
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masterji
08-09 05:43 PM
Thank you prabasiodia.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
So, the people who filed 485 let's say during July 2007, MAY change jobs when they start receiving GCs during 2010? Is this correct?
I think these memos might have been dissected a thousand times, but here they are:
Continuing validity of I-140: http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf
AC21 guidelines: http://www.uscis.gov/files/pressrelease/AC21intrm051205.pdf
It's clear that the stress is on "intent". If at the filing of I-485, both the employer and the employee had the intent, it's fine. The only restriction is, one may not be looking for "same or similar" job at the time of I-485 adjudication. Why this restriction is even there is beyond me. It doesn't clearly state how much time after the adjudication, you should not be looking.
Of course, the lawyers seem to be on the cautious side. Read the last sentence under intent in the following site (AC21: Changing employer while waiting for pending adjustment of status (http://www..com/greencard/adjustmentofstatus/changing-employer.html) ). It says that ...theoretically, USCIS might be able to revisit the adjudication of I-485 and initiate revocation processing.
This inference is without any attribution.
Then again, I couldn't find a single case where the I-485 was revoked because of suspected fraud in "Intent". We do need clarification from USCIS on this.
more...
vish77
06-19 11:15 AM
Could you please send to me also?
gapala
04-16 02:42 PM
You have said you have 3 yrs diploma + 1 yr bachelors, I assume your total years of education is 14 yrs(10 yrs school + 3 years diploma + 1 yr bachelors/coll/Univ). This not even equivalent of Indian bachelors, you can substitute your job experience towards educational years .
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
Ummm.. I did not know that one can do a diploma after 10th grade in India and after that, a year to get bachelors? You are right... its not very clear from the original post.. and can easily be misinterpreted as (10+2+3+1) which is 16 years of education.
OP, could you please confirm if this is the case with your background.
more...
h1b_slave
09-14 05:24 PM
Without GC, they were working for the same client with even more pay and life was good if not better.
.
i don't think settling for a lesser salary after getting GC is a wise thing to do & i hope you as well as most of the people here would not like to do that unless a person has outdated skills & does not want to upgrade or wants to accept whatever he gets without any efforts.
.
i don't think settling for a lesser salary after getting GC is a wise thing to do & i hope you as well as most of the people here would not like to do that unless a person has outdated skills & does not want to upgrade or wants to accept whatever he gets without any efforts.
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kumar_77
05-15 09:41 AM
This Is Good for every one , as People With Phd's and Masters degrees will be eliminated from 140K Cap ..which will defenetly double the number of green cards for EB3 ......hope this works
I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent
:mad::rolleyes::eek::o;):D:p:confused:
I have 2 MS degrees from US Univs ... 4 years ...and a lot of $$$$$$ spent
:mad::rolleyes::eek::o;):D:p:confused:
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cellphone
12-13 03:53 PM
5. This employer is a consulting company...(desi) & they asked me to sign a financial agreement to repay their expenses on labor substitution/I-140/I-485...if I will leave them early. ...Is it legal to ask for such kind of agreement...?
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
Please let me know as much as info/ guidance you can provide to me.
Great thanks in advance for all of your help.
-------------------------------------------[/QUOTE]
I work in a company that has got a decent name in the field I am working in. They recently have introduced a rule stating that I have to stay with the company for a year after GC before I can decide to leave for another company. Otherwise, I'll have to pay back the expenses incurred in the GC process.
I, however, would ask around and talk to someone working in this company u are about to join.
If this works.... you are definitely lucky!!
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h1vegas
06-01 11:22 AM
Voted yes
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nag2007
10-15 10:35 AM
Nag, u r in a bad situation no doubt. But u had every chance to apply for labor via PERM as well (many of my friends did that) just to be on a safer side. So u r partially to be blamed for ur sorry state.
MY Company never wanted to allow another application through PERM.
MY Company never wanted to allow another application through PERM.
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reachag
04-02 12:37 AM
sent #11 too
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Karthikthiru
02-06 05:53 PM
Myself and my wife sent letters to President and ImmigrationVoice
Karthik
Karthik
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isantem
07-29 01:20 PM
Why is there no country limits for asylum, lottery and Green cards for undocumented in CIR bill?
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
asylum - you are very funny
lottery - acctualy they have a country limit
green card - :confused:
undocumented - we are talking about legal immigration (for gk_2000 also)
Country limits is just a disguise for racism. !
explain your logic please...........the limits are not based on Asian, African, Indian,etc........please check the dictionary to find out what it means racism.
Thanks
more...
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desi3933
12-22 12:54 PM
I do have very different experience. I never had any issues with the indian consulate. couple of months back I have sent the papers for my daughter's PIO card. With in two weeks I got the PIO in mail.
My experience has been very good, too.
I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.
________________
Not a legal advice.
My experience has been very good, too.
I had family emergency and needed visa to travel to India. Entry Visa (they don't issue Tourist Visa to people of Indian origin) was issued in 1 hour. The staff was very helpful.
________________
Not a legal advice.
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kode
02-22 08:12 PM
ehmm .. maybe because you never said that you wanted to participate in the battle ?? :sigh:
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vinabath
06-20 09:12 AM
I do not think there 100K people in 2006+2007 PD. Thats a wild assumption. There is only 65k quota. I think 30K or 40K labor approvals during 2 years makes more sense to me.
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optimystic
10-29 09:08 PM
Thanks for the good luck . I really need it !
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
I am hoping that it would be something simple as well.
- I am guessing it might be about employment verification (since its been a long time),
OR
- Current job description (probably they want to make sure I am in the same job role or going to be in the same job role for which GC was applied) . Which is more or less the case. My law-firm/company did a good job of declaring a generic (still O*net compliant) job title/description which luckily encompasses the range of roles (compliant with the job description) I have been doing over the last 8 years. And if required, at this point, I am at a stage where I am willing to take a demotion or something if required to work on the job role that matches the GC temporarily, if thats what it takes. And I am sure my company will fully support me. There is no dearth of requirement for fresh coders/developers at our team/company. They would probably be happy to oblige :D . But I hope it doesn't come to that. I think there is some leniency allowed in the growth of job scope/promotion etc over the course of years it takes to get the GC. Gurus any comments ?
OR
- some clarification about overall H1B status or something across all these years (although I know for sure my H1B status, I-94 etc has been perfectly clean so far)
OR
- Medical checkups may have expired and they need new ones? (my medical reports are from June 2007)
OR
- Ability to pay ! I don't think this would be the case. My company is a well reputed/respected Fortune 50 company. So hopefully USCIS IOs are also aware that my company would not have ability to pay issues! But who knows, in these economic crisis, they probably doubt every company !
OR
- Questions about Mergers/aquisitions/layoff announcements at my company?? I don't think these events by themselves matter/affect my I-485 case after the I-140 stage. My lawyer had clarified to the same effect. But they might trigger a request for employement verification.
What could be other reasons that you guys can think off?
Update:
It turned out to be request for latest employment verification letter.
Here are the words quoted from the RFE letter
You must submit a currently dated letter from your intended permanent employer, describing your present job duties and position in the organization, your proffered position (if different from your current one), the date you began employment and the offered salary or wage. This letter should be in the original and signed by an executive or officer of the organization who is authorized to make or confirm an offer of permanent employment. The letter must also indicate whether the terms and conditions of your employment-based visa petition (or labor certification) continue to exist.
So, couple of questions to the gurus.
a) What happens if current job title & duties are different from that of the proffered position? I am with the same employer since the beginning. How much of an allowance/leeway is given for growth of job role/scope?
b) What happens if there has been around $25k increase in pay from that mentioned for the proffered position? Is that an issue?
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sanbaj
05-05 03:10 PM
Sanbaj, Is there any update regarding your case ?
None so far. No updates from the Lawyer or any LUD change. My I485 RD is 08/16/07, and NSC has not reached that date as yet. My lawyer's office called and the response was "The request is attached to the file (485)". I called NSC and the IO there DO NOT know the meaning of Interfiling and the IO I got was very rude and in a hurry to finish the call. She said that these officers should not give us (AOS Adjustees) any info, please inform me if any USCIS officer has broken that rulw. I said no one has and finished the call. Now, I am waiting, as have been for last six years for various things on the GC journey, for NSC I485 Processing status to go beyond Aur/16/2007. Once it does, I will call them again.
Sorry, I was late in the response as I did not check this thread for a month or so.
The story continues...
None so far. No updates from the Lawyer or any LUD change. My I485 RD is 08/16/07, and NSC has not reached that date as yet. My lawyer's office called and the response was "The request is attached to the file (485)". I called NSC and the IO there DO NOT know the meaning of Interfiling and the IO I got was very rude and in a hurry to finish the call. She said that these officers should not give us (AOS Adjustees) any info, please inform me if any USCIS officer has broken that rulw. I said no one has and finished the call. Now, I am waiting, as have been for last six years for various things on the GC journey, for NSC I485 Processing status to go beyond Aur/16/2007. Once it does, I will call them again.
Sorry, I was late in the response as I did not check this thread for a month or so.
The story continues...
arihant
03-16 11:51 AM
All,
Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.
Are there any plans by the senate or congress to to bring these two bills to the floor anytime? In other words, what is the current status of these two bills?
Do not despair yet. We were repeatedly told that bills take a lot of time to pass. Never the less we'll keep working on this bill and this also precisely why we're not pinning all of our hopes on only the Comprehensive Immigration Bill. We also have the PACE bill and the TALENT bill, which can bring a lot of relief to us.
Are there any plans by the senate or congress to to bring these two bills to the floor anytime? In other words, what is the current status of these two bills?
santb1975
01-27 01:33 PM
The employer does not seem to be clean. Please don't set yourself up for stress and abuse
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."
Hi,
I am planning to accept an offer from a company that will also sponsor my H1. All the terms & conditions look fine to me and their seems to be no bond.
However, the offer letter has a clause that is a bit strange and raised some doubts in my mind. Experienced people please comment and let me know if it has a risky hidden meaning. Please note I am not going to take any trainings and would start to work immediately with one of their clients. The clause goes like this.
"Employee acknowledges that the Company may invest significant sums to train and educate Employee and the Company�s investment in Employee would be jeopardized if Employee were to leave the company�s employment prior to the Company�s receipt of the benefits of such training and education. Employee hereby agrees to refund to the Company all amounts expended by the Company in the immediately preceding 12 months for education or training of the Employee if Employee resigns from the employment with the Company or is terminated by the Company for gross neglect of duty, material breach of the Letter or this Agreement or conviction or plea of guilty or no contests to a felony. Employee authorizes the Company to deduct and withhold such payment in full from any compensation or other amounts otherwise owed or payable to Employee. The payments will be due within 30 days of
termination of the employment."