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  • forgerator
    02-22 01:55 PM
    I am trying to port from EB3-EB2 from the same employer.

    Prior to joining the employer, I had MS+2 years of experience. However, the lawyer applied in EB3. The job description read:

    Required: BS+3
    MS+1 also accepted
    Experience in technologies A,B,C,D

    I applied based on my MS+1 experience. Now the same company has another position with a very similar job description with a different title.

    Required:MS+1
    Experience in technologies A,B,C,D

    Q1. Would this qualify for a EB2 position? Do I have to worry about the job descriptions being almost similar
    Q2. The titles are different. But the EB2 position doesn't have "Senior" in the position title. Is there a need to worry?

    Any replies are really appreciated.

    isthereawayout, you and I are in exactly the same situation.

    In my case , back in 2007, I was filed under EB3 for a Software Developer position, even though I had MS + 2yr exp. However the job was such that it required Bachelor + 2yr so it was filed under EB3.

    Last year, I got promoted to Senior Software Developer. Employer is filing me under EB2 this time, and will use same experience as the one from EB3 , i.e. MS + 2 yr exp. However this time the job is such that it requires Bachelor + 5 yr.

    The only difference I believe is the Job description of the posting itself. In that, they have requested experience in technologies which are different from the ones listed in my EB3 job description.

    Hope that answers your question.




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  • prabhu07
    05-21 12:02 PM
    @surabhi - Adios Amigos.




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  • optimystic
    09-10 08:11 PM
    Thanks for encouraging comments from everyone. I hope some one from core team also takes notice of this and gives it some consideration.

    May be we could tie this campaign as part of gaining support for approval of 5882 (visa recapture)




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  • BECsufferer
    10-02 01:17 PM
    Literally, windsor(Canada) and Detroit (USA) are seperated by river, so keeping GC and PR is like riding in two boats ... not possible. While Canadians are liberal in allowing their immigrants to travel daily into US to conduct their jobs ( that brings easy tax $$), it would be inconvienent to track daily movements out of country for GC. Remember at US citizenship, you will be asked to provide detailed log of trvels outside the country. So trip to Windsor is technically outside the country.

    I had Canadian PR and am giving it up, because I finally got GC. With GCI can trvel freely into Canada. Plus even before Canadian PR, I never lived in Canada nor do I plan to in future. So why bother.



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  • paskal
    07-14 05:34 PM
    that makes sense
    but what about Korea?
    How come we do not have an EB2 or EB3 Korea retrogressed?
    that's not nurses...




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  • kirupa
    12-02 04:58 PM
    Congrats Phat :) I will have these entries added to the kirupaLab sometime by the end of this week!



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  • easygoer
    02-10 06:09 PM
    Someone can shed light why these numbers would disappear before march and would not get rolled over to EB3 and EB2? What are the provisions?




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  • vin13
    10-29 11:11 AM
    Thanks everybody for the responses.

    Make sure you keep a record of the AR11 confirmation number after submitting. USCIS is pretty bad at updating the records. So it is good to prove that you have done your part by showing the confirmation number if necessary.



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  • reedandbamboo
    09-14 10:37 AM
    Till now EB2 India has much to cover till 2006 and then it will move fast. Also it seems very few People actually filed for EB2 after 2006 knowing the wait. Though we have aroun 24000 Perm for India (EB2/EB3) combined for 2007. Needless to say that USCIS data is very much required for Predicting Priority dates accurately

    OR,

    it could be because 2007 & 2008 folks, not having waited as long as the pre-2007 folks, haven't had as much cause to seek reprieve..




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  • gcformeornot
    10-16 07:07 AM
    was some issues with employer like A2P or something....



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  • chanduv23
    07-09 12:48 PM
    Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs




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  • Kodi
    08-28 06:50 PM
    Received 2 yr EAD, I-140 pending as of 4/18/08



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  • dessoya
    10-07 07:39 AM
    i voted for coppertop ;)

    props to all :love:

    ~:azn:




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  • purgan
    04-24 08:39 AM
    gccube/kamesh

    congratulations on your GC. must be a great feeling. I see ypur 485 RD was in JUne 2007, was yours based on a Labor substitution?



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  • qualified_trash
    07-07 01:09 PM
    Investing in a company -> Yes (shareholder)

    Own a company -> No

    On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

    No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

    This has been my research on the internet and is not from a legal advisor.

    Could you tell me what the difference is between owning a company and being a shareholder? :-))

    Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.




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  • Sushie
    08-17 02:27 PM
    Please update your profile, only then someone be able to answer your question.
    Thanks for your message harrydr..
    The profile details questionaires is mostly about the permanent residency which is NA for me.
    Is it mandatory to fill in all details to get the response for my query, please help as I'm new here.

    Sushie



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  • optimist578
    01-19 12:31 PM
    I have observed, based on stories from different people that NSC sends RFEs when one tries to upgrade a non-premium I-140 case to premium. Does NSC send RFEs for premium cases? Till now, I have only heard NO.

    No matter how hard I try, my lawyer keeps insisting that my case should not be upgraded to premium, because if an RFE is served, it might delay the case even more (implying, more than how long a regular case takes).

    The whole thing does not seem to make any sense. If an applicant files under premium processing, according to NSC, his/her application is more reliable (and honest?) than if some one who files it on non-premium basis?

    .




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  • augustus
    07-15 07:28 PM
    We were successful in getting good media coverage with flower campaign. Our San Jose rally is getting good regional coverage. Yes, we haven't had the expected success with national media yet but we are gaining traction at an amazing pace.

    This is not a big corporation with some PR dept. that is working with hundred of employees writing press releases et al. Volunteers like you and me have to take on that action item if you want to see results otherwise please continue on with your discussion

    I know we have to do a lot of work to get coverage but I was just saddened at the behavior of the bigwigs. They know the news and yet chose not to report it.




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  • H1B-GC
    05-14 04:36 PM
    Back in late 2004 there were no. of EB3 GC's getting approved after a Long wait of 2-3 yrs of filing I-485's.Then All of a sudden towards the EOY the retrogression kicked in for EB3's. Might be coincidence but all the Depts. work in Tandem and they might know all the Inside information..




    nixone
    08-21 06:10 PM
    Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.

    The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).

    The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.




    div_bell_2003
    03-24 06:56 PM
    Your status does not change to H1B till October 1st, 2009 so by default you are on OPT till that time. Now, you might want to check with your company lawyers if they are going ahead with the filing. My feeling is , they are going to go ahead with the filing since only after an H1B is laid off, USCIS is notified by the sponsoring employer. If you don't file on the April time frame, you might miss the bus for this year and your next shot comes only in April 2010. Take a moment off and think with a cool head, what do you think would be good for you and your career.



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