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  • akred
    06-03 02:17 PM
    akred,

    I am not refuting that statistics is a discipline within Mathematics. Just that that particular DOL web page doesn't give the list of disciplines considered as STEM.

    The disciplines are in the right hand column on that page.

    I think what you are looking for is information classified by degree name. That level of detail is not available.





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  • sk.aggarwal
    11-11 08:03 PM
    I have never heard about this before, but if I were you I would:
    1. Immediately request transcripts from college in sealed envelope, exactly as requested.
    2. I dont think sending notarized copies will work, because notaries normally dont attest document, owner of the document does that and they just say that it is your signature. As per my understanding you will need to send the originals as requested. But with it you can safely send a letter asking them to send the documents back. Include a prepaid fedex envelop.

    Worst case, they will loose these documents but you can get them reissued from university. But if you dont send documents as requested your application could be denied.

    Its amazing the extent USCIS will go to make our lives tough





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  • sanju
    03-12 10:28 AM
    Congratulations GCMan007, thats awesome.

    If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.

    If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.



    After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.

    EB2- PB Dec2003
    485 Filed date: 08/02/07
    Texas service center





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  • GCNirvana007
    04-02 04:00 AM
    Babu Moshay, control your temper. As it is we dont have many non-indians in our group. You are putting off stray non-indians who come here to seek advice. (This guy is from Romania).

    Why you will get GC quickly if you have more non-indians? OR
    You are trying to be nice to them coz you are insecure of yourself in your subconscious mind? OR
    Is it that he yelled at a non-indian which broke your sensitive heart?.

    Whats your point?

    Would have been better if you stopped at temper. Doesnt matter if its indian or non-indian. Try to treat all people the same in your mind first irrespective of color and culture. Stop selling yourself short.



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  • neel_gump
    05-22 12:02 PM
    FAQs seems to be a great idea people.





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  • roseball
    05-14 05:20 PM
    Please review my ETA 9089, it must fit EB2.

    H.3. Job title: SENIOR SOFTWARE ENGINEER
    H.4. Education: minimum level required: MASTER'S
    H.4-B. Major field of study: COMPUTER SCIENCE
    H.5. Is training required in the job opportunity? NO
    H.6. Is experience in the job offered required for the job? YES
    H.6-A. If Yes, number of months experience required: 12
    7. Is there an alternate field of study that is acceptable? NO
    H.8. Is there an alternate combination of education and experience that is acceptable? NO
    H.11. Job duties:
    Analyze, design, coordinate and supervise the development of software systems.....
    Design and develop programming systems making specific determinations....
    Responsible for development of new programs, analyzes...
    Responsible for analysis of current programs including performance�.
    Review and repair legacy code�.
    H.12. Are the job opportunity's requirements normal for the occupation? YES
    H.14. Specific skills or other requirements: EMPTY


    I am not quite sure about H.6, H.6-A. My understanding is that a senior s/w developer position requires experience, at least 1 year. On the other hand Masters�s degree + 12 months of experience may exceed SVP.

    Thank you,

    What you are doing is illegal as per DOL guidelines. The beneficiary CANNOT be involved in preparing the job and experience requirements for the job. They have to be done by the Company HR or your manager. All the PERM preparations are to be done by an attorney or if the company doesn't hire one, it has to be by the HR/Manager. Never by the beneficiary himself. You can just provide your educational and experience information to the company and the rest is handled by them.



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  • InTheMoment
    08-10 06:09 PM
    This is not a proposal for a new law but regulations by the administration within the bounds of the current law.

    My humble suggestion: Please do your homework before voicing your opinion.

    guys, this kind of proposals have been raised million times in last 5 years. These guys are passing their time till next election. Nothing is going to happen till next election. So do not build any hopes. None of the proposal is going to be a law before election.





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  • GIC
    01-09 03:07 PM
    Extrapolating the Einstein equation E =mc2 I get the following results :


    EB3 June 01

    EB2 Dec 2000

    Extrapolating like ... combing E= MC2 and the theory of relativity it is evident that there will be a lot of folks converting energy to mass (read fat) for a relatively very long period of time???



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  • copsmart
    02-20 08:44 PM
    You are not alone�

    This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.

    Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.


    How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
    -a





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  • get2shailesh
    04-05 03:51 PM
    Perm.. I was exactly in the same boat as u were but I went ahead and changed the job from company A to company B and got 3 year extension till 10/09. Then I went to India and got the visa stamped till 10/09. My new employer i.e. company B has now started processing my GC again.. Now, let us see if I can port my PD of 12/05 with company B.

    My question is if I decide to move again to company C [Not gonna do] or my new employer i.e. company B fires me [U never know] i.e. in case if I do not have labor or 140 done with my new employer i.e. company B and say I ran out of H1B at the end of 10/09, then can I get further 3 year extension with company B or new company C on approved 140 from previous employer i.e. Company A?

    Thanks!!



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  • Ann Ruben
    02-23 04:44 PM
    Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.

    Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.





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  • gc_in_30_yrs
    09-12 08:15 PM
    If you are "on the bench" the employer is obligated to pay you.
    If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.

    The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.

    If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).

    If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.

    I'm not sure if I've read it right, but it looks to me like you have made a public confession here.

    Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.

    One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.

    Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.



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  • amsgc
    03-31 03:05 PM
    Thank you for sharing your experience.

    I am at a loss here, I wish I could tell you what to do. But, I would certainly go back and look at the 1040 instructions for 2004. Rules keep changing, and maybe what you did was the right thing to do.

    Perhaps there are others who can throw some light here.
    Ams


    Hmm....I got married in Nov 2004 and my wife came in to US Dec 2004. and when filing 2004 taxes I didnt think about my wife being NR for tax purposes. I went thru a CPA and I believe she filed 1040 married filing jointly !!
    Didnt have any questions or issues so far. Should I bother....file an amendment....or just ignore until in case IRS has an issue?





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  • gchopefull
    10-02 02:27 PM
    the RFE was on Ability to Pay



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  • ARUNRAMANATHAN
    09-14 04:40 PM
    Thanks





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  • newbie2020
    06-11 06:08 AM
    This would help people who have used the H1 to the sixth year, and cannot recapture days to apply extension before they can use the 365 days clause from Aiyates memo. I know few



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  • snowshoe
    12-18 08:53 AM
    Raj,

    Thanks for your reply, even I have heard the same from some sources. But there are others who recommended getting a tourist visa since I am not going there for H1-B stamping. Hence going to the Mexican Consulate in New York tomorrow.

    Can you please let me know:
    - which Mexican consulate did you get your Mexican tourist visa?
    - did you take an appointment before going to the consulate?
    - what documents did they look at (they list quite a few on http://www.consulmexny.org/eng/english.html, just want to know which ones they really asked for)
    - did you get your passports back the same day? Did you wait for the stamping or they asked you to come later in the evening.


    Thanks again.

    Buddy

    When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.

    Thanks
    Raj





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  • nkavjs
    11-15 09:47 AM
    Tri State Folks,
    You just saw priority dates in Dec visa bulletin. What do you plan to do now?
    I have some answers for you but would like to hear from you first..

    Hello IV members : I am mad about discrimination agst Indian and China born applicants for GC processing times. I have read many posts in here and it states to join tri-state chapters .. What does it mean? How can we be part of this.. Pls. elaborate.
    Thanks





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  • Ramkumar
    04-29 05:10 PM
    # When you did your H1 transfer, how many years you got extension?
    Ans: I got laid off Nov'30th 2009 from Company A. I joined company B on first week of Dec' 2009. I think they were filed my H1B transfer at that time. As per Company B policy they can apply only 2 years. so that I got two extension.
    # What are the documents that you sent to COMPANY B?
    Ans: I provided as usual all regualr documents.(3 months salary slip, H1B approval doc,etc)
    # When employer A is good to take you back to his company before filing 485 why are you filing labour again!!!, I understand that for safer side you were filing labour again, I am trying to know does employer A should revoke 140 since we left him (Is this rule / Law to revoke 140's of non existing employee!!!)
    Ans: Company A is very good support for all employee. still now they didn't revoke my I-140. I spoke to Company A attorney they said, will not revoke my I-140. If chance come back, definitley they rehire me back.





    like_watching_paint_dry
    09-07 09:59 AM
    I'm not sure how much help this would be. But I've noticed in the past that companies in India like Wipro et al apply for H1/L1 for their employees and keep the H1 around. And when the need arises, they send them over on short term work assignments (anywhere from 1 - 18 months).

    Ideally for the purpose of meetings etc, they should be using the B visa, especially when they have not sponsored an immigrant petition. But in your case, you have an immigrant intent so I guess a H or L is the way to go. Please consult an attorney as I have no idea about what implications your Canadian pay setup will have over the 'pay prevailing wages during H1B presence' issue.

    I dont know much about L1 but yours seems perfectly suited for an L1 and I believe L1 can have immigrant intent too. Any reason you cant go on to L1?





    suratvoice
    12-17 10:46 AM
    I have an offer from a great company as a program manager that involves management and coordination of teams. There will be a little programming involved. This is in the software industry

    The labor was filed as software engineer whose description says that this was java focussed intense programming position.

    I am EB2, india, dec 2003 with more that 180 days and 140 approved, also have my ead and AP done.

    I plan to move on EAD. Would this qualify as "same or similar". The industry is the same and the job is similar (it just shows normal career progression)

    what do you think?



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