sroyc
11-09 01:24 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
wallpaper Burton Snowboards created a
flexi
04-03 02:41 PM
Hi there,
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
this is going to be a bit complicated but I'd appreciate any thoughts (or even just the advice to go get a/which lawyer for this one)....
Anyway, I am on an H1B right now but am going to switch jobs. My understanding is that once the new petition is filed I can start working for the second employer. I also would like to travel home during this time... So, here are my questions:
- Can you work for 2 employers at the same time while making the switch?
- How long does it take to file a petition (can i/my new employer do that myself)? If no, any advice on which lawyer to pick??? Anybody heard of Visa PRO?
- Is traveling to my home country OK while filing the petition or is it better to wait until I come back?
Thanks a lot!
inspectorfox
07-17 02:18 PM
Excerpt from Gregs blog and comments :(
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
"Things are going SOUTH . No agreement and No relief.
Class action is the only option. USCIS just wanted to test the waters and now they don't want to settle. Every thing else is just rumor mill. Every one who claimed to know the insider info was just taken for a ride. Welcome to beltway politics 101."
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
2011 alife urton snowboard front
Sakthisagar
02-24 03:45 PM
Yes, and Yes I am married and have dependendts so H4 also. Yes April 2010,
You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.
So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.
You can extend it one week before, one thing you need to keep in mind, in some of the States, your Driver's Licence is as long as your H1 is valid, so that means you cannot legally drive any vehicle if your Driver's licence is expired, usually DMV never accepts receipts they want to see the approved I-797.
So there are some disadvantages if your visa expiry date is so close, usually people apply on Premium processing giving more Extension fees. Premium Processing USCIS have to answer you within 10 working days. at least you will get the RFE before 10 days.
more...
samrat_bhargava_vihari
06-25 03:50 PM
Why he sent before date?
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
Guru's Is it right that after filling 485, USCIS will process application according to PD(2003,2004,2005 like that) ?
or USCIS will process application with the date 485 application received?
or i am missing something over here.
Thanks
They will process applications based on receipt date. But approval will happen only if your PD is current. That means if
CASE A with PD 2003
CASE B with PD 2005
CASE C with PD 2007
Say all file in July and if dates gets retrogess some time in OCT or before to 2006.
Say for CASE A and CASE C all process is done( name check,... every thing but not approval) and CASE B is stuck in name check.
then CASE A will be approved because A process is complete and PD is current
CASE B will be pending waiting to clear name check though the PD is current
Once name check done and PD is current this will approve.
CASE C will not be approved though processing is complete PD is not current
once PD become current CASE C will approve.
This is just example to explain how it works.
sree_99
02-01 08:09 PM
She is not using her EAD, She is enrolled fulltime in school.
more...
genius
12-14 08:06 PM
Unfortunately,kaplan doesnt issue I-20's anymore.
Are you sure than ,while the H1B is being processed ,you can live here legally?
Also what if I get use premium processing and get my H1B approved earlier,would I be able to start work before Oct 1st?
My OPT expires in May 2007 and I have my Masters from here...
Thanks in advance!!!
Are you sure than ,while the H1B is being processed ,you can live here legally?
Also what if I get use premium processing and get my H1B approved earlier,would I be able to start work before Oct 1st?
My OPT expires in May 2007 and I have my Masters from here...
Thanks in advance!!!
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vinzak
01-07 12:02 PM
Just wanted to bump this post in case people missed it. I'm surprised it didn't receive more attention.
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
We've been looking to a piecemeal bill that addresses EB concerns, and this one seems to be just what we asked for. The text of the bill is not out yet. But DV gives out 50k visas every year, and if those are redirected to EB, we'd be golden. And since they are already talking about EB, if we can somehow manage to inject recapture into this bill, I think it would bve a real chance to wipe out the EB backlog completely.
What u think guys?
more...
shantak
03-18 06:45 PM
If you have left your I-140 company, that I-140 is dead. No wonder you have not heard back. It's not pending, it's cancelled. I-140 is employer based and therefore if USCIS said they were not satisfied with place of work, which reads: not enough income for the company to be able to pay you the salary declared in the I140 app. If you did not reply to their show-cause within the time frame stated, your I-140 application is deemed abandoned.
How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
As amit has suggested approaching Senators will do wonders (atleast for some)
How will an I-140 gets cancelled just because he left the company. GC is for future employment, that should have nothing to do with the current employment. Same with Place of work issue, place of issue on H1 has nothing to do with I-140
As amit has suggested approaching Senators will do wonders (atleast for some)
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buehler
01-31 12:04 PM
If you get married before your GC is approved you're fine. You have something like 6 months grace period after your GC is aprroved to file for her I-485. It is better to keep all of her records ready so that you can file as soon as your PD becomes current.
more...
GC20??
08-24 04:47 PM
any updates on status of background processing for your 485 ?
No updates yet. Though I know its useless I am taking an infopass tomorrow and will have IO open a service request.
No updates yet. Though I know its useless I am taking an infopass tomorrow and will have IO open a service request.
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cygent
11-12 06:33 PM
Is that even if I-140 is not approved (pending), after I-485 is pending for 180 days, one can change jobs using the EAD?
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
http://www.visalaw.com/05may4/2may405.html
Read about the AC21 analysis - You can change with either H1 or EAD. You can also do so before 180 days, but not without some risk (case by case basis).
more...
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Jaime
09-04 10:40 AM
With 100,000 already gone, and with frustrations growing at a boiling point, the pressure being applied upon us will force us onto the path of least resistance. How long before we are all gone? If you are an American reading this, did you know that every other industralized country faces declining population? Do you really want the future population growth of the U.S>to come solely from illegal Salvadorean maids? Do you wnat the high-skilled people to move away to China and India and then see your quality of life deteriorate?
http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml
U.S. faces decline in skilled workers
New study says the wait for a green card frustrates immigrants.
By Madhusmita Bora, Times Staff Writer
Published August 23, 2007
The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.
The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.
So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.
On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.
The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.
"It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.
"There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"
Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.
Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.
"Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."
And the ripple affects are already emerging in the Tampa Bay area.
"It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."
But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.
Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.
"And the demand for American business schools to go deliver programs in other countries have increased," he said.
Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.
The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.
"There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.
Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.
He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.
"I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."
Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.
"This is not the only place to be anymore," he said. "You can find better opportunities everywhere."
By the numbers
200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.
Highlights of Kauffman Foundation reports
- Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
- One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
- More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
-Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
- Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.
Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.
[Last modified August 22, 2007, 23:19:43]
http://www.sptimes.com/2007/08/23/Business/US_faces_decline_in_s.shtml
U.S. faces decline in skilled workers
New study says the wait for a green card frustrates immigrants.
By Madhusmita Bora, Times Staff Writer
Published August 23, 2007
The only barrier stalling Arun Shanmugam's ascent in the corporate world is a small card that would proclaim him a permanent resident of the United States.
The green card, which isn't green in color, would help him snag the next best opportunity, launch his own company, and enjoy homestead tax rebates.
So, this year the Tampa software engineer joined a queue of more than 300,000 immigrants vying for the coveted card. But a severe backlog is forcing high-skilled workers to question their American dream.
On Wednesday, a Kansas-based private, nonpartisan foundation released a study warning that America could face a sizable reverse brain drain unless the government eases visa restrictions, increases the quota and speeds up the process. The Kauffman Foundation said that there are more than 1-million skilled immigrants including doctors, engineers, and scientists competing for the approximately 120,120 green cards issued each year.
The uncertainty of the process and the imbalance in the demand and supply could trigger a trend of highly trained immigrants returning to their country and moving elsewhere.
"It's the first time in American history that we are faced with the prospect of a reverse brain drain," said Vivek Wadhwa, Wertheim fellow with the Harvard Law School and a co-author of the study.
"There are so many business opportunities in Shanghai and Bangalore, why put up with all the immigration crap?"
Many of the green card applicants are on a six-year H-1 B visa. The non-immigrant work permit keeps them wedded to a single employer. Immigrants who have applied for a green card can continue working on an extended H-1 B visa until the card arrives. But they can't change employers, or start their own companies. Their wait time is open-ended, made longer by a Congress-mandated quota for the visas and severe backlogs in the system.
Frustrated with the system, in the last three to five years, 100,000 highly skilled Chinese and Indian immigrants have returned to their home country, Wadhwa said.
In a fiercely competitive global economy, this is the worst time for such an exodus, experts say.
"Our previous studies document that highly skilled workers accounted for one quarter of all successful high-tech start-ups in the last decade," said Robert Litan, vice president of research and policy at the Kauffman Foundation. "If we send a lot of these people back home, we will lose a disproportionate number of entrepreneurs."
And the ripple affects are already emerging in the Tampa Bay area.
"It's a huge problem," said Ray Weadock, CEO and president of Persystent Technologies. "The guys in Washington don't think much and their initial reaction is this will impact Cisco and Microsoft."
But smaller companies take a bigger hit, because they don't often have the capital to send jobs to where the labor is, Weadock said. Weadock's company, which employs Shanmugam, is toying with the idea of setting up a subsidiary in India.
Companies aren't the only ones chasing the labor market. Schools and universities are also jumping into the wagon. The population of international students in MBA programs across the country continues to dwindle, said Bob Forsythe, dean of the College of Business at University of South Florida.
"And the demand for American business schools to go deliver programs in other countries have increased," he said.
Harvard University and Northwestern's Kellogg School of Management are among a growing number of schools that have a presence in India. At USF, Forsythe's team is negotiating a venture in Romania.
The visa problems here have encouraged governments worldwide to ease visa restrictions in their countries and nab the high skilled workforce.
"There's a lot of mention of Canada," said Chandra Mitchell, an immigration attorney with Tampa-based Neil F. Lewis.
Amar Nayegandhi, a USF graduate and a contract employee with the U.S. Geological Survey, has been waiting for his green card since 2002.
He may soon give up, he said. The long wait has cost him job opportunities, forced upon him a commuter marriage and restricted his economic mobility. His H1-B visa runs out in February, and even though he can extend it and continue awaiting the green card, he's contemplating leaving the country.
"I have friends who have gone back simply frustrated with the setup," he said. "I am asking myself if this is really worth it."
Shanmugam of Persystent Technologies says he, too, will only wait for about a year before considering giving up his spot in the line and heading back to his native India.
"This is not the only place to be anymore," he said. "You can find better opportunities everywhere."
By the numbers
200,000: Employment-based applicants waiting for labor certification in 2006 - the first step in the U.S. immigration process.
50,132: Pending I-140 applications - the second step of the immigration process. That's seven times the total in 1996 of 6,743.
125,421: Estimated applicants residing abroad who were waiting for permanent residency status.
100,000: Estimated number of highly skilled Chinese and Indian immigrants who have returned to their home country in recent years.
Highlights of Kauffman Foundation reports
- Foreign nationals are contributing to one out of four of all the global patents filed in the United States.
- One quarter of all tech companies nationwide and 52 percent of tech companies in the Silicon Valley were founded by immigrants.
- More than 1-million skilled workers and their families (scientists, doctors, engineers, Ph.D. researchers) are waiting for green cards. About 120,0000 green cards are issued each year with a 7 percent limit per country.
-Hundreds of thousands of skilled immigrant workers may get frustrated with the waiting process that could be 6 to 10 years and leave the United States. The reverse brain drain could be critical to Americans corporations and hurt the country's competitiveness in a global economy.
- Immigrant-founded companies produced $52-billion in revenues and employed 450,000 workers in 2006.
Madhusmita Bora can be reached at mbora@sptimes.com or (813) 225-3112.
[Last modified August 22, 2007, 23:19:43]
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honge_kamyaab
11-30 09:24 AM
Remember I-140 is owned by your employer. If you quit the job your greencard process will start from PERM again with your new employer.
Portability applys six months after filing I-485.
Hope that helps.
Portability applys six months after filing I-485.
Hope that helps.
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
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?
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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agc2005
11-05 05:22 PM
I got EADs for me and my wife, but photos got swaped.
Pineapple,ncgc2005, saro28:
I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.
Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.
Pineapple,ncgc2005, saro28:
I sopke to customer service rep and she told me to send applications with EAD cards ,photos,a note explaining the problem and no need to send the fees.
Did you guys filed to get corrected the EADs, and did you send new application with EAD and with the Fee or without fees.
more...
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makemygc
01-07 06:59 PM
I had the same scenario and got my EAD renewed using the new passport number without any issues. What USCIS is mainly concerned about is your A# that you fill up in your EAD form.
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
Thx
MakeMyGC
I would like to know the answer to this question too. does anybody know?
also pkv..how many days did it take you to get the new passport?
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like_watching_paint_dry
04-12 01:35 PM
As someone mentioned - Do not Lie.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.
But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.
Also note that by not replying, you are in fact condoning the actions of your previous employer. You had a good reason to leave him, and the DOL probably knows about it. If you are worried about your H1, you can go for premium processing on your H1 and then send the letter to DOL.
Exactly what I was going to say. I highly doubt that DOL is out to get you on your H1 transfer in this case... on the contrary, they may be able to get you the money your desi pimp owes you. I would invest the $1000 and speed up the transfer and forget about the whole issue after firing my salvo by responding to the letter. If you get something back, great. Else at the least, you put a bad guy is into a lot of trouble.
But the decision is all yours. It is not my butt that is on the line so it is easy for me to say.
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lonedesi
11-16 05:28 PM
I sent in my I-140,I-485,EAD & AP applications to Nebraska Service Center which was the nodal agency to receive all I-140 applications during July -August 2007. They then would transfer some of the cases to TSC for processing. Due the visa bulletin fiasco, my applications were transferred to VSC for data entry and all my receipts have an EAC number. I received my EAD & AP and also a transfer notice informing that my I-485 was transferred to TSC as my job is in a state that comes under TSC's jurisdiction. But I did not hear anything about my I-140 being transferred to TSC. So we called up USCIS to check on it. We were informed that VSC would process my I-140 application and it was not necessary for it to be transferred to TSC unlike I-485.
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
My concern is VSC is taking for ever to process I-140's and currently are processing Apr 06 applications. I believe the dates have remained like that for a while now. Atleast TSC says clearly that they will process I-140 in 6 months, but VSC has no such processing times mentioned. Due to no fault of mine, my application ended up in VSC and is stuck there until some kind folks pick them for reviewing..which may take more than a year going by the current processing times. Is there anything I could do to have it transferred to TSC? Are there other members in the same situation? There is no likelihood of PPS starting anytime soon....what are my options to fix this problem? I thought under the new bi-specialization procedures only NSC & TSC processed I-140 applications...
Jaime
06-10 05:17 PM
Can anyone help with advice? Talk about frustration! I qualify for EB2 since I have a masters degree (and also more than 5 years of experience in my field). I could qualify for EB2 except that my job description "prefers" (rather than "requires") a masters degree. The language prevents my compay from filing EB2, yet my job responsibilities are such that they certaily warrant a masters degree. My compay doesn't want to change my position or wording even though they clearly know (through my explanations) that that means adding close to 5-6 years to the wait! They also fail to see that making me wait so long also affects them because the company cannot promote me or chage my responsibilities for the duration of the wait! Has anyone been through the same situation?
alterego
04-09 11:20 PM
Take the offer on EAD as you are now legally eligible to do.
In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
Consult a good attorney to get their professional advise.
In the unlikely event that something happens to your 485, you could then approach the program and ask them to do a H1 visa for you, otherwise you would have to leave the program. They would likely not risk losing GME funding.
Nowadays getting a good fellowship has gotten rather difficult, I'd consider taking the small risk involved.
Consult a good attorney to get their professional advise.
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