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awaitinggc

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About awaitinggc

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  1. Hi I have 3 years of bachelors from India which is not directly equivalent to US bachelors. In addition to that, I have around 15 years of experience in the field after completing bachelors. I also completed my Masters Of Computer Information System in 2016 and I have 3 years experience since then. I joined a company in 2018 that has started the process of green card. The job description says "Bachelors + 6 years of experience" for the position they are filing it for. The job description itself allows us to file for EB2 category but after reviewing the documentation, the attorney are coming back and saying that my situation does not qualify for EB2 and we would need to file I-140 in EB3 category. Is that accurate? How can I get them to file in EB2 category?
  2. awaitinggc

    I-140 Filed With Old Passport Number

    Hi I just found out that my company has filed for I-140 but they used old passport number as well as I-94 details to fill out I-140 form. Currently the case is filed under regular processing. Would that cause any concerns with I-140 case adjudication? Would this cause RFE for the case? Is there anyways to fix it? On the same note, would RFE cause issues in future (if not resolved)? I appreciate you helping with the same.
  3. My current situation is that I have 3 years bachelors from India. I have total of 13 years of experience with various company till now (8 years of experience in US). I am working for my current employer for last 3.5 years now. They have filed my perm application in EB3 category stating that even though the job description says Bachelors + 5 years of experience or Masters, since I have 3 year of bachelors from India, they need to use 5 years of my total experience prior to joining my employer for education equivalency to US bachelors degree. I have I-140 approved from them in EB3 category. Now my situation is going to change little bit because my employer is relocating us to a different location which is in different state. They mentioned that they would have to restart my perm process. I have finished my Master in Computer Information System 1 years back now. So my question is 1. Can my employer now file in EB2 category for the same position that required Bachelors + 5 years experience or Masters? 2. Is there a limitation that Masters degree needs to be completed before joining the employer even though the job for PERM is for future position? 3. Is there anyway to file in EB2 category or is EB3 only option that my employer can file in? I am looking for our smart folks to help out here who has experience or dealt with similar situation. I am looking for options for file in EB2 category. Thanks in advance.
  4. awaitinggc

    Approved 140, want to transfer to another location , same employer

    I believe perm needs to be restarted since your PERM is based on location
  5. My current situation is that I have 3 years bachelors from India. I have total of 13 years of experience with various company till now (8 years of experience in US). I am working for my current employer for last 3.5 years now. They have filed my perm application in EB3 category stating that even though the job description says Bachelors + 5 years of experience or Masters, since I have 3 year of bachelors from India, they need to use 5 years of my total experience prior to joining my employer for education equivalency to US bachelors degree. I have I-140 approved from them in EB3 category. Now my situation is going to change little bit because my employer is relocating us to a different location which is in different state. They mentioned that they would have to restart my perm process. I have finished my Master in Computer Information System 1 years back now. So my question is 1. Can my employer now file in EB2 category for the same position that required Bachelors + 5 years experience or Masters? 2. Is there a limitation that Masters degree needs to be completed before joining the employer even though the job for PERM is for future position? 3. Is there anyway to file in EB2 category or is EB3 only option that my employer can file in? I am looking for our smart folks to help out here who has experience or dealt with similar situation. I am looking for options for file in EB2 category. Thanks in advance.
  6. Hi I have completed my 3 years bachelors in 2002. Since then I have continous experience as software engineer (approx 6 years in India and 6 years in US). I am currently pursuing Masters In Computer Science (expected completion date is Aug 2015) part time along with full time job on H1-B. My employer is getting ready to start perm process and currently they are considering me for EB3 category. The job description though allows for EB2 or EB3, but based on my education and experience, they think I am best best fitted for EB3. My question is 1. Is there a way to apply in EB2 category before completing Masters? Would getting advance letter from university help? Or anything that can help start the process in EB2? 2. Would it be better to wait till Aug 2015 to start perm process? Would the Masters degree help in qualifying for EB2? Does work experience mentioned in job description need to be total job experience or does it have it be experience after completing Masters degree? Thanks in advance
  7. Here is my situation, I am currently in India. I have H1-B with Company A and when I went for stamping, I got an RFE. I submitted documents to consulate and now waiting for RFE to be resolved. In the mean time, Company B has an exciting opportunity and they want me to come to US for full day interview before they make an offer and decide on a visa transfer. I currently hold B1 visa valid till 2018 and could possibly travel on B1 for business or vacation. My question is can I travel on B1 visa for visiting Company B for a full day interview? If yes, what all documents do I need from the Company B that would help me enter and exit US without any issue? Would I face any issues at port of entry? How can I prepare myself for such situation? I have no intent to stay in US after the interview process is complete and would return back to India. If Company B decides to make an offer and transfer my H1-B then I shall come back on H1-B after valid stamping on H1-B. Has anyone run into similar situation?
  8. awaitinggc

    Visa stamping denied after 221(G)

    Does it matter if it is me or my friend? I would rather want you smart guys focus on the core question of options after receiving 221g denial. Here is the question rephrased for one who care whether it is me or my friend. My friend received 221-g when he had gone for my H1-B visa stamping in Mumbai Consulate in Dec 2012. He submitted the document in Jan 2013 to consulate. He recently got a letter from the consulate stating "Based on the document submitted to the U.S. Consulate, General, Mumbai, we have returned your petition to the U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation." The question is 1. Can USCIS re-examine and approve the visa stamp? How much time do they take to reply back? 2. Can he re-apply for a visa appointment for the same position and for same company? 3. If USCIS decides to revoke the petition. can he still transfer it to another company?
  9. Hi Here is the situation. My friend received 221-g when I had gone for my H1-B visa stamping in Mumbai Consulate in Dec 2012. I submitted the document in Jan 2013 to consulate. I recently got a letter from the consulate stating "Based on the document submitted to the U.S. Consulate, General, Mumbai, we have returned your petition to the U.S. Citizenship and Immigration Services (USCIS) for review and possible revocation." My question is 1. Can USCIS re-examine and approve the visa stamp? How much time do they take to reply back? 2. Can I re-apply for a visa appointment for the same position and for same company? 3. If USCIS decides to revoke the petition. can I still transfer it to another company? Thanks for helping me out.
  10. I am in 5th year of H1-B. I have I-140 approved with Employer A and got 3 years extension based on the same. I am planning to switch jobs and join Employer B. Here are my specific questions 1. Would I be able to get 3 years extension based on I-140 approved with Employer A? I think answer is yes here. Though Employer A did not give me any documentation for I-140 approved. All I have is a case number for my I-140 filing and case number for approved LCA for Perm. Would that be sufficient enough to get 3 years H1-B with Employer B? 2. Can I keep getting 3 years extension of H1-B with Employer B based on approved I-140 application with Employer A? I know that Employer A does not cancel I-140 application. Note that I do not have documentation of approved I-140 application except the case number 3. Since I already have 3 years extension on H1-B with Employer A and if I transfer to Employer B based on that, what could be possible validity of new H1-B? Would it be 1 year since only 1 year was remaining on original H1-B or would it be 3 years based on new H1-B petition I received from Employer A? 4. Since I already have 3 years extension on H1-B with Employer A and if I transfer based on that, how soon should Employer B start green card process? I have heard that it has to be filed before last year of H1-B, but want to confirm the same from experts here. 5. If Employer B files greencard, can I port my proirity date? I think I can if I have I-140 approval documentation. But can I port without sufficient documentation. Would case number be enough for porting priority date? Thanks in advance for your help
  11. I have seen similar question asked on this forum but there is not enough clarity on the response. Here is my scenario. I am in 5th year of H1-B. I have I-140 approved with Employer A and got 3 years extension based on the same. I am planning to switch jobs and join Employer B. Here are my specific questions 1. Would I be able to get 3 years extension based on I-140 approved with Employer A? I think answer is yes here. Though Employer A did not give me any documentation for I-140 approved. All I have is a case number for my I-140 filing and case number for approved LCA for Perm. Would that be sufficient enough to get 3 years H1-B with Employer B? 2. Can I keep getting 3 years extension of H1-B with Employer B based on approved I-140 application with Employer A? I know that Employer A does not cancel I-140 application. Note that I do not have documentation of approved I-140 application except the case number 3. Since I already have 3 years extension on H1-B with Employer A and if I transfer to Employer B based on that, what could be possible validity of new H1-B? Would it be 1 year since only 1 year was remaining on original H1-B or would it be 3 years based on new H1-B petition I received from Employer A? 4. Since I already have 3 years extension on H1-B with Employer A and if I transfer based on that, how soon should Employer B start green card process? I have heard that it has to be filed before last year of H1-B, but want to confirm the same from experts here. 5. If Employer B files greencard, can I port my proirity date? I think I can if I have I-140 approval documentation. But can I port without sufficient documentation. Would case number be enough for porting priority date? Thanks in advance for your help
  12. Thank you, can anyone confirm if Masters is required in Computer science or IT Field or any Masters would do? Job description for H1-B as well as Labor certification here is specific to IT field.
  13. Hi I have 3 years bachelor degree from India and 10 years of IT experience. 6 years in India and 4 years in US. I am currently on H1-B and my company wants to apply for my green card. I know that 3 years of Bachelor from India is not equivalent to 4 years of Bachelor degree in US. Though, 3 years bachelor degree with 5 years of experience is equivalent to 4 years of Bachelor degree as per H1-B education evaluation. EB2 can be filed for Bachelor degree with 5 years of experience. Based on that, am I eligible to file for EB2?
  14. awaitinggc

    H1-B transfer to new employer with I-140 Receipt Number

    Thanks YankeeDoodle, this was helpful. Based on what I understand is receipt number should be sufficient. Can you answer if there is any 180 days criteria for I-140 portability. Also what documents do you need to port I-140 to new employer? Thanks
  15. Here is my situation I have I-140 approved and I have my A-Number as well as I-140 receipt number. Though my employer is not ready to share I-797 Approval Notice for I-140. They say that it is against company policy to share this information. Now my question here is that 1. If I want to port my Priority Date to new employer, what all documents would be sufficient for porting? Would A-Number and I-140 Receipt number be sufficient? I do not have any documentary proof of the same. 2. As I am closing towards 6 years of H1-B validity, would I get new H1-B after transfer valid till end of 6 years or would it be for another 3 years based on approved I-140 ? 3. My I-140 has been approved last week. Do I have to meet I-140 validity criteria of 180 day before transferring H1-B, so I could port my Priority Date based on approved I-140? I do not have I-797 approval notice for approved I-140. So I need to know my options here. Any help would be appreciated.
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