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.
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GotFreedom?
03-31 01:08 AM
Its always awesome to see these occasional threads mentioning 485 approvals. I wish we get to see more and more of these threads.
Congratulations and enjoy your freedom.
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
Congratulations and enjoy your freedom.
Yahoooooooooooooo......We (Me and my wife) received welcome notice today . Our 485 is approved on 25 th March.
no updates online just received postal mail from USCIS today .
I guess end of long wait , been in country from 2001 .
I wish you all the best and hang in there if your PD is current you can expect the notice any time so keep checking your postal mail box .
FYI - I dont know if my back ground check is clear or not , I guess it is .
indigokiwi
04-15 12:06 PM
Thanks coolngood4u80 and Shanmugnathan ....these are great ideas..can you also please post the Facebook link to 485 filing campaign on this thread??
Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).
Here is the Facebook link (http://www.facebook.com/home.php#!/pages/Immigration-Voice-Grass-roots-Campaigns/150562351660693?v=info)
(Or search for "Immigration Voice Grassroots Campaigns and the community
will show up on the search list).
2011 Knowledge Survey by now.
pitha
07-05 12:41 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
more...
rrajasekar
08-04 09:06 AM
Same situation here for my wife, we applied only on 29 Jun and current EAD expiring on 22 Aug. We totally forgot about it. She is working for a very reputed bank in NY. Yesterday she received a call from HR asking if she had applied for EAD renewal. She explained the situation and asked them what to do. This is their reply:"That's not a problem. You can work for 180 days after expiry. Just send me a copy of the receipt notice once you receive it".
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
I think this essentially means the 245(k). So I went back to read the same top to bottom, and looks like you are allowed to work not exceeding 180 days.
I will update once i get more clarification.
jonty_11
07-12 12:00 PM
if u switch status from h1 to h4...i think u willl be subjected to cap next time u file for H1..as its a fresh H1 and not H1-Transfer
more...
ivrox
01-29 03:31 PM
Able/willing!!
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
Look how EB process affected our life.. Labor certification terminology now feels so natural to us
Yep, any qualified person can notice his inability/unwillingness !
2010 Location: My survey question
Munna Bhai
01-09 12:44 PM
I have filed I-140 in May 2007 and it is still pending. Is there anyone in this same situation??Please let me know to whom to contact.
-M
-M
more...
masterji
09-22 09:25 PM
Did you guys have to go through FP for the APs? Will they take FP again even if they have done that before.
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ramus
05-21 09:09 AM
This is time to send press release to media and not for this document. Please visit press relese thred.
more...
thomachan72
09-08 01:19 PM
Both Shaktisagar and Greyhair make very valid points. Which side wins the argument well only time will tell. Nothing works the way it ideally should. The world is evolving and this recession and all this policies are all part of the evolution. People have started rethinking the value of having money versus true peace/hapiness slowly. In the US the disparity was partly hidden by the "plastic". Everybody was given a plastic and everybody could buy and live the "dream". Well that has just about ended to some extent. The problem is that, it is just about begining in Indian/china/brazil and russia.
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
What brings real peace/hapiness? Once 3rd world citizens (like Indians) get over the issue of "am I better than my neighbour?" India will progress towards its real goal very fast. The real goal being true peace and hapiness rather than the pseudo/fancy/fantasy/unreal/materialistic world that is propagated by the media.
If only we all had easy access to our inner ability for tremendous patience to tide over this process of evolution.......But it lies beyond our reach while we lie rolling in the misery created by our thoughts and desires.........
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amitga
12-06 04:41 PM
I came from India to US on a intercompany transfer on L1 Visa. After 3 yrs I left the company and joined another one on H1B. Now I Joined back the old company and in the mean while my old company sold its Indian subsidiary. I am asking them to file an EB1 for me, but they are telling me that since they have sold the Indian Subsidiary, now they cannot file EB1 based on that company transfer.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
In my view the eligibity is determined based on the fact that I originally joined that company on a company transfer.
Please let me know your view.
more...
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eb3_nepa
07-20 05:29 PM
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
Also why dont you apply in EB1 Thru your wife in parallel to ur own GC. PhDs dont need an employer to sponsor them.
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indyanguy
11-14 10:38 AM
1. Is this because B is the "future" employer? In the usual scenario, if B were the current employer who responds to the RFE, can I switch to C within 6 months of joining B?
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
2. Also, does USCIS ask for us to prove "Ability to Pay" from the employer who responds to any I485 RFE?
At the time of 485 approval if future employer (B) is responging to RFE then yes you must work for long-term with B, however, in today's world 6 months is considered long-term.
more...
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gcformeornot
04-09 12:37 PM
forums... looks like now a days for many people EAD is delayed longer than usual.
What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...
What you guys think? Even simple receipting, check cashing or notification using I1145 is delayed for weeks...
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maxy
04-28 09:43 AM
this renewal i believe will be with new fees, so will it be extended for 1 yr or 3 yrs ?
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gc_buddy
07-15 12:46 PM
Hi Friends,
My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.
Appreciate any assistance !
My Wife recently switched from H4 to EAD and started working on the EAD. She is currently doing consulting with a small company. Will she require to file a change of status with USCIS indicating that she changed from H4 to EAD.
Appreciate any assistance !
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GKBest
10-24 04:45 PM
It said in the online instructions to call them if you didn't receive the cards within 30 days.
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LCtank
05-19 01:53 AM
To be honest I don't like the title, but it's good to have our voices heard loudly, anyway.
fide_champ
03-22 08:17 AM
don't know where I should put my request. My husband is on H1B visa ...and I was on H4 .I went India but my H4 was rejected. I don't know what to do...is USCIS also going to reject my husband H1B .. please help
what's the reason for rejection?
what's the reason for rejection?
adusumilli
09-28 09:23 AM
Check the signature.
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