tinuverma
11-09 09:44 AM
Hello guys,
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
Firstly happy diwali to everyone at IV
Quick background:
H1-B valid till jan-2010
Application for GC filed on July 23rd 2007 (reached USCIS - DHL i think)
All checks encashed on oct 17th 2007
Received fingure printing notice on Nov 6th for both - wife and I
Received EAD for both nov 8th.
I work for a consulting company like many others here. This puts me in a spot, if I call the lawyer and ask for advise, he says he is representing my company and cannot answer certain questions. I cannot ask my consulting company for obvious reasons. Hence turning to you guys for help.
Now here is my question:
my priority date is sept 2005. With the dates above, when is it safest to change jobs? Also what is the reason my lawyer (or paralegal) indicated that it is better if I change jobs only after getting my green card?
When I asked if it is ok to travel on H1/H4 to India ...I was informed that it is better not to travel until all this is over. Is there something I am missing? Why is it not safe to travel while on EAD and yet to have the GC in hand?
Last and most imp, is there any on when I can hope to get the actual green card?(dont shout..i know most are still waiting for their receipt notice..but please understand..i am done with that and now want to know what's next).
Peace.
Thanks in advance.
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solaris27
10-11 03:06 PM
yes its true
rameshvaid
09-02 03:02 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.
Expungement can be done only after 12 months and u should not have any other record against you.
Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..
RV
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
At the POE the IO will surely know abt your arrest. Have all your documents from the court and show it to them and you will be allowed to come in.
Expungement can be done only after 12 months and u should not have any other record against you.
Just relax,, do not repeat the mistake and cross the boarder if you have to peacefully.. You will be just fine..
RV
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Lisap
08-16 05:54 PM
I was told by my attorneys para leagal (so who knows if this is true or not....) that the ITIN number is the same number that will be issued in the form of ssn.
more...
puskeygadha
06-02 09:11 PM
there is no 10,000 source but i heard people say that..
are you also their client..are you audited..my audit is on business
necessity and recruitment..
does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake
are you also their client..are you audited..my audit is on business
necessity and recruitment..
does this mean we are screwed...or will they do something..they are
big law firm..why would we suffer when one lawyer in the big firm makes
stupid mistake
ArkBird
09-08 05:12 PM
@Sanjay
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
Did you used substitute labor for filing I-140? I have heard about instances where people who used substitute are called for an interview even after the final I-485 approval
more...
enqueued
06-21 06:00 PM
Ask her to talk to her attorney. That is the right thing to do.
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hdos
06-10 05:00 PM
What if my employer does not respond at all.
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
more...
ebizash
08-03 01:39 PM
Panky,
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
Copy the text from Pappu's post. Go to Edit Signature option under User CP. Paste your copied text in the box. Now highlight "contributing to immigrationvoice" and then click on "globe-like" button right below "smily" button. This will pop-up the hyperlink box. Type of copy this in to the box "http://immigrationvoice.org/index.php?option=com_content&task=view&id=26&Itemid=44"]contributing to immigrationvoice"
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werc
03-28 03:22 PM
So a person on H1B goes onto a H4 and wants to come back onto a H1B 3 months down the line. As per your statement , the person is subjected to the cap. Was that what you were implying ?
I think you were referring to this in the link.
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
I understand this to mean that aperson who has spent a year outside the US has 2 options.
1. To apply for a new H1 (subject to the cap)
2. To use the remainder of the 6 years he has from his prior H1B.
Please correct me if I am wrong.
If you don't have 1 year gap. otherwise you are subjected to.
I think you were referring to this in the link.
b) Persons who have previously been counted against the H1B quota (a person would only be counted once against the cap unless s/he has a year outside the U.S., thereby resetting the clock on the six-year limit.)
I understand this to mean that aperson who has spent a year outside the US has 2 options.
1. To apply for a new H1 (subject to the cap)
2. To use the remainder of the 6 years he has from his prior H1B.
Please correct me if I am wrong.
If you don't have 1 year gap. otherwise you are subjected to.
more...
DareYouFireMe
02-19 12:29 PM
One question for I-140 for EB-2 versus EB-3.
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
If one applies for EB-2 at I-140 stage under premium processing and they turn it down. Does the application automatically go into EB-3, or do they ask you to re-apply for EB-3 at I-140? In that case, I am guessing that the premium processing fees that one has paid for EB-2 goes down the drian, right?
Please confirm your views, as I have heard different versions.
Thanks!
I-140s are never downgraded. During LC approval dept may say - looking into job requirements it can be only approved in EB3. of course, you have opportunity to challenge/substantiate your claim for EB2
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Sakthisagar
12-01 02:44 PM
Issues facing the 2010 lame-duck session of Congress - The Washington Post (http://www.washingtonpost.com/wp-srv/politics/lameduck/index.html)
1. Tax cuts
The most pressing issue in the lame-duck Congress sounds, at first glance, like a typo.
The federal government spends more money than it takes in. The two parties both agree that this is bad. Here�s what they can�t agree on: How much less should the government take in, in the years to come?
The debate is about income tax cuts, passed under President George W. Bush, which are due to expire Dec. 31. If that happens, a single person earning $46,000 a year might see his or her taxes jump $400, according to the nonprofit Tax Policy Center. A married couple earning a total of $440,000, on the other hand, might see an increase of $20,000.
Most Democrats want to extend tax cuts covering up to the first $250,000 that a family earns in a year. Republican leaders want to keep all the tax cuts, including those on income above $250,000. In a recession, they say, it doesn�t make sense to cut anyone�s taxes.
Congress and the president could agree to a temporary truce, extending all the tax cuts for a few years only. Or, as some Democrats have suggested recently, they could agree to keep tax cuts on incomes less than $1 million.
2. The New START treaty
The point of this U.S.-Russia treaty, signed but not yet ratified, is to continue the slow nuclear stand-down that has followed the Cold War. The two nations would agree to cut deployed long-range nuclear weapons by up to 30 percent and to allow each other to inspect the remaining stockpiles.
The prevention of nuclear armageddon still enjoys wide support on Capitol Hill.
But this treaty does not.
New START must be ratified by two-thirds of the Senate. That was no problem for two past treaties: the first Strategic Arms Reduction Treaty, signed in 1992 by President George H.W. Bush, and the �Moscow Treaty,� signed in 2003 by President George W. Bush.
But now, Sen. John Kyl (Ariz.), the chamber�s second-ranking Republican, has held up the treaty�s passage. Kyl has said he wants more guarantees that the government will properly maintain the nuclear weapons that remain. He also thinks that the lame-duck session is too short a time to consider the issue.
The White House is now trying to work around Kyl to win over nine other Republican. If it can�t, there will be more Republicans � and perhaps more support for denying Obama a foreign policy win � in January.
3. �Don�t ask, don�t tell�
This 17-year-old rule, which bars gay men and lesbians from serving openly in the military, has been under attack all year. This fall, a federal judge ruled the ban unconstitutional and ordered it scrapped. A higher court reinstated the ban while it considers the matter on appeal.
And on Tuesday, a Pentagon report concluded that ending the ban would pose a low risk to military readiness. Defense Secretary Robert M. Gates said that the repeal of the rule �should be done.�
But �don�t ask, don�t tell� isn�t dead yet and could outlive the lame-duck session.
Senate Majority Leader Harry M. Reid (D-Nev.) could bring it up for a vote on the floor this month. But the ascendant GOP is in no mood to cooperate. Sen. John McCain (R-Ariz.) says he�s still worried about the effect on morale, and other Republican leaders say the whole issue is a distraction from their top priority � job creation.
4. The �Continuing resolution�
A continuing resolution (known in Hill jargon as a �CR�) is a bill that�s introduced when Congress can�t agree on a full budget for the federal government.
Instead, it passes a bill to temporarily �continue� funding federal agencies at their present rates.
Congress must pass a new continuing resolution before Friday. If it doesn�t, the government will shut down � as it did in 1995 during a budget showdown between President Bill Clinton and congressional Republicans.
The sticking point is Republican demands to shrink federal spending back to 2008 levels. But a shutdown still seems unlikely; while a lot of voters want smaller government, very few seem to want no government.
Signs from the Hill indicate legislators will beat Friday�s deadline and pass a resolution good for another few weeks, at least.
5. Unemployment benefits
Another looming deadline. On Tuesday, emergency unemployment insurance � he federal checks given to the jobless � expired. If nothing is done to extend the benefits, advocates say as many as 3 million people will see their checks cut off by the end of January.
Some Republicans have voiced concerns about the high cost of these benefits. In the middle of last month, the House failed to approve a plan to extend them, with all but 11 Democrats voting for it and all but 21 Republicans voting against it.
6. Childhood nutrition
On Wednesday, House Democratic leaders plan to call a vote that could be a measure of the muscle they�ve got left. At issue: a bill that would feed schoolchildren better food.
If they can�t win on that, it could be a long month.
The bill is intended to give more poor children access to subsidized meals at school. It also would improve the quality of those meals and give more federal money to school districts that comply with higher nutrition standards.
�Kids that have food insecurity learn at a slower rate than their peers,� House Speaker Nancy Pelosi (D-Calif.) told reporters Tuesday. �Food insecurity� is Washington-speak for �hunger.�
The bill passed the Senate unanimously. But it will face some Republican opposition in the House from members who say it will impose more costs on struggling school systems.
7. The DREAM Act
This bill is aimed at illegal immigrants who came to this country as children. If they go to college or join the military as adults, it would give them a chance to obtain legal residency.
As attitudes toward illegal immigrants have hardened, support for the bill has collapsed among Republicans and many Democrats. To them, it looks like a kind of amnesty for lawbreakers.
On Tuesday, Reid could promise only a �test vote� on the issue: he would bring the issue to the Senate floor, and take his chances. The implicit message was that Reid might lose � but lose in a way that showed Hispanic voters he was trying.
1. Tax cuts
The most pressing issue in the lame-duck Congress sounds, at first glance, like a typo.
The federal government spends more money than it takes in. The two parties both agree that this is bad. Here�s what they can�t agree on: How much less should the government take in, in the years to come?
The debate is about income tax cuts, passed under President George W. Bush, which are due to expire Dec. 31. If that happens, a single person earning $46,000 a year might see his or her taxes jump $400, according to the nonprofit Tax Policy Center. A married couple earning a total of $440,000, on the other hand, might see an increase of $20,000.
Most Democrats want to extend tax cuts covering up to the first $250,000 that a family earns in a year. Republican leaders want to keep all the tax cuts, including those on income above $250,000. In a recession, they say, it doesn�t make sense to cut anyone�s taxes.
Congress and the president could agree to a temporary truce, extending all the tax cuts for a few years only. Or, as some Democrats have suggested recently, they could agree to keep tax cuts on incomes less than $1 million.
2. The New START treaty
The point of this U.S.-Russia treaty, signed but not yet ratified, is to continue the slow nuclear stand-down that has followed the Cold War. The two nations would agree to cut deployed long-range nuclear weapons by up to 30 percent and to allow each other to inspect the remaining stockpiles.
The prevention of nuclear armageddon still enjoys wide support on Capitol Hill.
But this treaty does not.
New START must be ratified by two-thirds of the Senate. That was no problem for two past treaties: the first Strategic Arms Reduction Treaty, signed in 1992 by President George H.W. Bush, and the �Moscow Treaty,� signed in 2003 by President George W. Bush.
But now, Sen. John Kyl (Ariz.), the chamber�s second-ranking Republican, has held up the treaty�s passage. Kyl has said he wants more guarantees that the government will properly maintain the nuclear weapons that remain. He also thinks that the lame-duck session is too short a time to consider the issue.
The White House is now trying to work around Kyl to win over nine other Republican. If it can�t, there will be more Republicans � and perhaps more support for denying Obama a foreign policy win � in January.
3. �Don�t ask, don�t tell�
This 17-year-old rule, which bars gay men and lesbians from serving openly in the military, has been under attack all year. This fall, a federal judge ruled the ban unconstitutional and ordered it scrapped. A higher court reinstated the ban while it considers the matter on appeal.
And on Tuesday, a Pentagon report concluded that ending the ban would pose a low risk to military readiness. Defense Secretary Robert M. Gates said that the repeal of the rule �should be done.�
But �don�t ask, don�t tell� isn�t dead yet and could outlive the lame-duck session.
Senate Majority Leader Harry M. Reid (D-Nev.) could bring it up for a vote on the floor this month. But the ascendant GOP is in no mood to cooperate. Sen. John McCain (R-Ariz.) says he�s still worried about the effect on morale, and other Republican leaders say the whole issue is a distraction from their top priority � job creation.
4. The �Continuing resolution�
A continuing resolution (known in Hill jargon as a �CR�) is a bill that�s introduced when Congress can�t agree on a full budget for the federal government.
Instead, it passes a bill to temporarily �continue� funding federal agencies at their present rates.
Congress must pass a new continuing resolution before Friday. If it doesn�t, the government will shut down � as it did in 1995 during a budget showdown between President Bill Clinton and congressional Republicans.
The sticking point is Republican demands to shrink federal spending back to 2008 levels. But a shutdown still seems unlikely; while a lot of voters want smaller government, very few seem to want no government.
Signs from the Hill indicate legislators will beat Friday�s deadline and pass a resolution good for another few weeks, at least.
5. Unemployment benefits
Another looming deadline. On Tuesday, emergency unemployment insurance � he federal checks given to the jobless � expired. If nothing is done to extend the benefits, advocates say as many as 3 million people will see their checks cut off by the end of January.
Some Republicans have voiced concerns about the high cost of these benefits. In the middle of last month, the House failed to approve a plan to extend them, with all but 11 Democrats voting for it and all but 21 Republicans voting against it.
6. Childhood nutrition
On Wednesday, House Democratic leaders plan to call a vote that could be a measure of the muscle they�ve got left. At issue: a bill that would feed schoolchildren better food.
If they can�t win on that, it could be a long month.
The bill is intended to give more poor children access to subsidized meals at school. It also would improve the quality of those meals and give more federal money to school districts that comply with higher nutrition standards.
�Kids that have food insecurity learn at a slower rate than their peers,� House Speaker Nancy Pelosi (D-Calif.) told reporters Tuesday. �Food insecurity� is Washington-speak for �hunger.�
The bill passed the Senate unanimously. But it will face some Republican opposition in the House from members who say it will impose more costs on struggling school systems.
7. The DREAM Act
This bill is aimed at illegal immigrants who came to this country as children. If they go to college or join the military as adults, it would give them a chance to obtain legal residency.
As attitudes toward illegal immigrants have hardened, support for the bill has collapsed among Republicans and many Democrats. To them, it looks like a kind of amnesty for lawbreakers.
On Tuesday, Reid could promise only a �test vote� on the issue: he would bring the issue to the Senate floor, and take his chances. The implicit message was that Reid might lose � but lose in a way that showed Hispanic voters he was trying.
more...
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dc2007
07-24 10:59 PM
I have seen in this form that lot of people have filed I-485 by themselves after having a hard-time with lawyers. I am also thinking to do the same. But I want to make sure if it is possible in my case.
Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:
1. I have just receipt no. of Labor and I-140.
2. All the documents are with my attorney which is hired by my employer.
Can I still file I-485 by myself ?
Thanks
Assuming my I-140 get approved (its filed but not approved yet), what documents I need to file I-485 by myself as per following facts:
1. I have just receipt no. of Labor and I-140.
2. All the documents are with my attorney which is hired by my employer.
Can I still file I-485 by myself ?
Thanks
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FredG
March 3rd, 2004, 08:18 PM
It's photoshop magic. Just create a 22.5 degree slice, dup it to 2 and position, dup that to 4 and position, dup that to 8 and position, crop to a circle and voila, kaleidoscope. It really was derived from Fretnomore's posted shot.
Fred
Fred
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dazed
07-30 07:35 PM
Is it possible to get your EAD, if I-140 is still pending. :confused:
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paritp
03-03 07:51 PM
hi all,
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
my sister has a priority date of feb 2005 and she got the following update today for herself, husband and son. What does it mean ?
*** DO NOT RESPOND TO THIS E-MAIL ***
The last processing action taken on your case
Receipt Number:
Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: This case is now pending at the office to which it was transferred.
The I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS was transferred and is now pending standard processing at a USCIS office. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address. We process cases in the order we receive them. You can use our processing dates to estimate when this case will be done, counting from when USCIS received it. Follow the link below to check processing dates. You can also receive automatic e-mail updates as we process your case. To receive e-mail updates, follow the link below to register.
If you have questions or concerns about your application or the case status results listed above, or if you have not received a decision from USCIS within the current processing time listed*, please contact USCIS Customer Service at (800) 375-5283.
*Current processing times can be found on the USCIS website at www.uscis.gov under Case Status and Processing Dates.
*** Please do not respond to this e-mail message.
Sincerely,
The U.S. Citizenship and Immigration Services (USCIS)
more...
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bunan
01-07 02:47 PM
The best course is file I-140 for EB3... after you get it... file for EB2 I-140 and use PD from EB3... It's possible and worth every effort.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
Absolutely possible and I have done it too. Please talk to your lawyer directly as he can advise you better.
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apb
08-08 01:23 PM
Does arrest for driving with suspended license (License suspended for non payment of ticket) come under traffic violation? Any insight would be much appreciated.
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mpadapa
03-14 10:18 AM
Please don't dilute the admin fix effort by starting another letter campaign.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
IV just finished a letter campaign in which one of the items were 3 yr EAD/AP. Why do we need another letter campaign? There is still lot of work going on related to the Admin fixes, please do work with your state chapters to setup meetings with lawmakers to seek their support for the Admin fix effort.
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.
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.
franklin
02-10 04:10 PM
I think it all depends on what the job qualifications required are.
For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.
In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.
I know, its ridiculous, and basically discourages company loyalty.
Hope this helps
For Eb2, the JOB DESCRIPTION (i.e. - not what your personal qualifications are) you generally need either a masters degree or bachelors with 5+ years experience. Please note, if you are thinking about jumping from EB3 to EB2 at the same company, without a change in job title - it will be tough to now say that your job requires the extra experience.
In addition, if you don't have a master's degree, and are relying on years of experience, you are NOT able to count experience at your current company towards that.
I know, its ridiculous, and basically discourages company loyalty.
Hope this helps
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