HumJumboHathuJumbo
10-08 03:25 PM
How long will it to get green card for my parents.I am a US Citizen and filed I-130,I-485 in sept first week.they have finger printing scheduled for next week.Please share your experience if you have sponsored your parents too.
Can anyone tell me how to start a thread please.sorry for posting in this thread.:)
Can anyone tell me how to start a thread please.sorry for posting in this thread.:)
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Ramba
10-05 03:57 PM
Hello all,
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
I haven't got my question answered by any other posts, so creating a new thread.
I have a 3-year degree in Biology from India, and two computer certifications from CMC Ltd and CDAC (1.5 years total). Then I worked as a software engineer in India full-time for 2.5 years. I arrived in the U.S. after that and worked for a software company full-time for about 6 months. Then I decided to go back and get another degree from a school in California. I worked as a computer science tutor part-time (20 hrs/wk) for 1.5 years while attending school and also worked as a software engineer part-time (20 hrs/wk) on a U.S. military sub-contract project for 2 years. I graduated with a 4-year degree in computer science from Cal Poly, SLO, a CA state university with a GPA of 3.4. Then I worked at Microsoft Corp full-time for a year. Now I am back in CA working for a software company for the last 5 months. My current company just started my green card process.
If I count 2 years of part-time experience as 1 year of full-time experience then I have 5+ years of relevant work experience. But my attorney says that part-time experience won't count much, and since I don't have a 4-year degree before I started working on my first job they can't file me on EB2. But Cal Poly considered me as a second baccalaureate student, and the attorney is saying that it is not good enough. I have got my degree evaluated for professional and academic purposes, and they both recognize my first degree. The professional agency says that I have a degree + minor in CS before I got by CS degree from the U.S. I also have recommendation letters from my previous employers recommending me for full-time leadership positions and sorts.
Wouldn't USCIS recognize these facts and consider me for an EB2 candidate rather than EB3? I never left my specialized field in CS, and that has to count for something, correct? I am able to show progress since I started working on my first job. How big of a risk would it be to file on EB2? If they reject me for EB2, would it hurt my chances on applying again on EB3? How much time would I lose in case of a rejection?
Thank you all in advance for your expert comments and immense help.
Sincerely,
Sujit
Your Attorney is perfectly right. You must have a 5 years of post-bachelors (4 year degree) progressive experience to file a EB2 petition. Your first BS degree in biology will not qualify for a US equivalent BS degree. So, you left with no option other than your other US BS degree for eduction requirement. If you have 5 years full time experience after the completion of the second BS degree, then only you are eligible for EB2. This is must. Even if you have 20 years of experience in computer field before your qualifying US equivalent BS degree, you are not eligible for EB2. USCIS so particular about this, they do not consider what your university has considered your first degree.
seaken75
10-09 01:35 PM
bump
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asiandude2
05-17 10:12 PM
Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
more...
mnq1979
06-26 10:58 AM
You may need 2 affidavits each. More over you need additional supporting documents such as school certificate, medical record any other similar documents stating your birth date and your parents "full names". This what I was asked provide on my rfe. Wait for your rfe. They will tell you in that what need to be done. Good luck
Well i have documents which states my fathers name next to mine but i dont have any document which states my mother name !!!!! i m soo confused and tense !!!!
Well i have documents which states my fathers name next to mine but i dont have any document which states my mother name !!!!! i m soo confused and tense !!!!
h1bnogc
07-27 07:34 PM
I am in similar situation.wondering though..can somebody apply for I485 while his h1b extension denied and file for MTR and decision pending?
more...
kumarc123
01-15 12:17 PM
Hello All,
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
Out of curiosity, I called the congresswoman's office to ask if she would be re-sponsoring the visa recapture bill. The person on the phone asked me to call back next week, because at present she was considering about it.
Can we all try to call her office and request her to re sponsor this bill, as this will help the housing crisis.
I am posting a link, you all can call her office and even explain to the person about why this bill is so important. ( wait to be transferred to the specific person who handles immigration issues, don't talk to the phone operator as she would care less)
http://lofgren.house.gov/
Good Luck to all of us.
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SAMK
02-01 01:47 PM
Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?
more...
blackberry
08-05 08:04 PM
So this contradicts the theory of applicant not getting reciept notice if using G-28 !
Is there anyone else who had the same experience ??
--BB
Is there anyone else who had the same experience ??
--BB
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irrational
06-19 05:52 PM
Folks,
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
I have not recieved my FP notices either. Last time I checked they are still being sent.
I have the online status and the receipt number. Would that me enough ?
-Bipin
more...
letstalklc
11-23 05:17 PM
I have used ICICI money2india 3 years back, but stopped using their serivice because they are not honest in terms of conversion rate always below SBI, so I have switched to SBI's global link services ( SBI Global Link Services - US (http://www.onlinesbi.com/glsus) ), it's really cool thing, rate is better and also they will not float the rate during the day time, just in the morning time, whatever rate you see, they will gives you that, I have verified many times, all the time it matched...I really liked......
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gsvisu
07-12 10:16 AM
Is it possible to show also Martin Luther King along with Gandhi in the template photographs ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
The locals & all can relate to MLK faster & better. Also there were previous chains that encouraged to refer MLK.
Remember we get a MLK - national holiday too...
Also modify the poem to reflect that something like...
Using Gandhi’s & MLK or ML King's way as our only tool.
Any suggestions ?
more...
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smidreb
08-04 01:10 PM
We need much more info to help out.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
1. What is immigration status currently? She can file for a I-485 if her labor has been approved. If she is on H4, then there is nothing she can do.
..............?[/QUOTE]
--She is on H4
2. Is she a dependent on her husbands I-485? If so, then she dosen't need to file 1-485 again, she can get her EAD.
..............?[/QUOTE]
--He had filed his 485 before she got married to him.
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SAMK
02-01 01:47 PM
Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?
more...
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the_googly
08-22 02:14 PM
ND: Jun 26 08
Approved on Aug 19th 08
Don't worry.. they are catching up.
Approved on Aug 19th 08
Don't worry.. they are catching up.
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digitalrain
06-25 05:05 PM
Unfortunately, there are no good solutions to this problem. Humanitarian Parole is possible, but not likely except in extreme cases such as where there is a serious or life threatening illness. You should consider consulting an immigration attorney with expertise in such matters to to determine what if any chance there is for Humanitarian Parole given your family's particular circumstances.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
Thank you very much for the response.
I have a lawyer,he advised me to ask the US Embassy to issue the kid a Humanitarian Parole,but I'm not sure if these guys know how to process these kind of unusual cases.They told my wife that I have to file a relative petition.As far as I know he is not eligible for derivative asylum since he got born after my asylum approval.
I wonder if she,my wife,can apply for humanitarian parole at the US Embassy?Or do I have to apply for humanitarian parole?
Lawers that I know are expensive and I'm not sure if these guys really know what are they doing.
I would really appreciate any advice from anyone.
Another strategy might be for your wife to come to the US and immediately apply for asylum in her own right. If she is granted asylum, then she can file an I-730 for your child. This strategy is complicated and could do more harm than good depending again on the particular facts of your situation. Accordingly, before taking any action, I urge you to seek expert legal representation.
Thank you very much for the response.
I have a lawyer,he advised me to ask the US Embassy to issue the kid a Humanitarian Parole,but I'm not sure if these guys know how to process these kind of unusual cases.They told my wife that I have to file a relative petition.As far as I know he is not eligible for derivative asylum since he got born after my asylum approval.
I wonder if she,my wife,can apply for humanitarian parole at the US Embassy?Or do I have to apply for humanitarian parole?
Lawers that I know are expensive and I'm not sure if these guys really know what are they doing.
I would really appreciate any advice from anyone.
more...
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masterji
09-23 03:59 PM
I applied for my second AP on 08/11/2009, was approved on 09/03/2009, was received at the attorney's office on 09/10/2009. Service center NSC.
No FP was done. FWIW my last FP was in Jan 09.
Thanks for the info
No FP was done. FWIW my last FP was in Jan 09.
Thanks for the info
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gc_kaavaali
11-14 04:13 PM
do you know my employer user name?
Your employer gave you a red mark.
Your employer gave you a red mark.
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ultimo
07-16 10:48 PM
is there any way to get AP for emergency
rb_248
04-01 12:05 PM
Congrats to GreenGuru. and thanks for sharing all the information.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.
IV admin, can we have a separate option on the details to show that GC is already received. Like rb_248 got it last september and he/she still comes here and shares his knowledge. so having that option display would be gr8.
cheers/
Yes. I agree. There should be a category for I485 approved date. But, I could have also inserted that in my signature.
shreekhand
08-03 12:45 AM
FYI - Those "guide lines" are known as CFR - Code of Federal Regulations based on US Code (The Law). There is not much they can do outside of a clear CFR.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
If the ROW numbers are not used up, they could be used for EB3/EB2 for India 9and China to some extent) at the end of the Fiscal year. All these AILF/AILA lawyers are saying there is no law for doing this.
But I don't see anyone mentioning anywhere that Law prohibits explicitly using those numbers for India EB3, like they did this year. The Visa bulletin provides guidelines on the country cap, but it does not address the unused numbers condition at the end of fiscal year. SO using them for some backlogged countries is not against the law. I think it finally depends on the internal USCIS officials who interprets the law. They will do whatever they want internally within those guide lines. If nothing is written explicitly that it is against the law, then they are not breaking the law. i am not sure if my assumption and interpretation is correct. But these are my thoughts based on events. But This thread has very good observations and study of the past events. Thanks to Dollar500 and Sanju.
