pvganesh
10-23 09:47 PM
Hi,
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
We are filing I-140 in EB2 category in this month; I came to know from this forum that one should include 2 affidavits from past colleagues or managers with job duties if experience letters can't be obtained with job duties.
I have two questions with regard to Experience letters -
(i) My previous employer (worked in 2003 in India) is no longer in existence, and i could only get one affidavit from the client manager. I don't know now any other colleague from the company, so I�m not sure what can be done in these cases. Please advise...
(ii) I have obtained two affidavits, one from a manager and other from colleague for a previous company that i worked in 2009 in US. But the job duties they agreed to sign is not 100% equal to job duties included in PERM application for that previous experience. What i meant by difference is, wording may be slightly different or of the 6 to 7 job duties, one or two may be different. This happened because my manager advised that he could only include job duties of system analyst (per H1B petition) but my actual job duties are particular to a technology.
I'm not sure if there should be 100% match between experience letter/affidavit job duties and job duties included in PERM application for previous experiences. Please advise..
I think my thread is very long, but i feel this will help all of us to understand the legal requirement and help us avoiding any RFEs or denials in I-140.
Thanks and Regards,
PVGanesh
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idreamofgc
06-02 09:18 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
My application has been in audit since July 2007.
I doubt they will audit 10,000 cases (as such they don't enough have resources to work on). If they do, then its a massive F** up on part of Frago-moron.
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
My application has been in audit since July 2007.
I doubt they will audit 10,000 cases (as such they don't enough have resources to work on). If they do, then its a massive F** up on part of Frago-moron.
waitnwatch
07-11 12:18 PM
.....
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......
Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.
They should find an average amount of time a person spends on bench. Let's say the average time is 1 month out of year.
Then, they should recaliberate the salary to what would be worth 11 months of salary and set it up that way......
Here I'm playing devil's advocate. What if the salary now falls below the market rate determined by DOL? I am sure that some of these fly-by-night operators are also some of the poorer paymasters.
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HumHongeKamiyab
03-16 12:05 PM
Thanks Yagw. Appreciate your response. That is the part I am not certain: If they ask for Copies of Tax return?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
Also, as per my understanding, You only get RFE when your PD is current (I did not file AC21, when I switched to EAD). And, since EB3 india is stuck on Oct 01 for months now, It will be years before they get to my case. Am I right in my assumption ?
more...
ingegarcia
06-15 03:40 PM
Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
What about the option
Refiling LC in PERM due to .... changing jobs, etc
What about the option
Refiling LC in PERM due to .... changing jobs, etc
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.
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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NELLAIKUMAR
02-17 11:50 AM
Nayekal, Thanks for your response.
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
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vin13
09-01 04:46 PM
Congratulations to those who got the "Card Production Ordered" email. Could you guys share if you had to go through a second finger print
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srkamath
08-06 04:52 PM
Friends, I Received the magic email today!
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
Yes - I cant believe my eyes, my I-485 has been approved today and card production ordered.
I do have a question: I could not file for my wife's i-485 in July/2007. So, we filed for my wife's application on Aug/01/2008 (Did a overnight express mail on July-31st) as my PD is current as of Aug-1st. So far her application check has not been deposited.
What will happen now? Is she out of status? I am getting really concerned. Gurus help me out?
Thanks in advance.
A green dot guaranteed for the response :)
Some details:
I-485 Receipt Date: July/2/2007
I-140 Approval Date: July/3/2006
PD: 02/02/2006
There is a follow to join provision, i'm not very sure about the details but, i believe that you can apply for her 485 before you get your's approved.
You might want to research this. Good luck.
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ajju
03-01 12:04 PM
Hi All,
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
I used to commute across the border from Canada to work(on h1b) between 2004 and 2006. My passport was stamped just the first time and never after that.
I've heard of this behavior at PoE especially for Mexico and Canada.. I think we need to remind and ask for stamping.. even if they say its okay...
I landed in Canada in 2004 and came back in 2 weeks... My original I-94 had expired.. but I 'd new one on my new H1 approval.. So they gave me a new I-94.. My wife's I-94 was valid.. so she didn't get a new I-94... But her passport was stamped... May be because it was first trip...
I agree with gokhale35 to provide evidence from CC... but if its older than a year.. most CC bills won't be available... lease copy may be possible... I think affidavit plus letter from employer may suffice.. But a lawyer would be your best bet anyways...
Good luck... should be resolved soon.. and you'll get GC soon...
Where's mine :-(
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OLDMONK
07-23 12:13 PM
Dont know whether it matters.
But R. Mickels.
But R. Mickels.
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CyberCucina
02-09 04:26 PM
The swarm creeps me out! I like Perlin circles.
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Hermione
09-25 01:15 PM
Take an infopass appointment and talk to an officer. There have been rumors that you may get the answer over the phone, but I never experienced it.
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vgayalu
06-04 04:15 PM
Any guess for the next Visa bulletin priority dates please?
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reddymjm
05-05 04:27 PM
You will get your GC before your AP and EAD for sure. You missed the 2 year EAD and AP man. ;)
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forgerator
08-20 02:31 PM
YOU NEED TO PAY FEE BEFORE SEP 1ST. SO GO TO SOCTIA BANK BEFORE 32-AUG AND PYA FEE. Take the Receipt with you when you attend interview.
Thats the mean I get.
How do I go about doing that when I can't even set foot on Canada? I am predicting I will get my canadian visa by end of August (usually takes 2 weeks for me to get).
Secondly how do you explain this:
going forward, the MRV fee will have to be paid prior to scheduling appointment. But then to pay the MRV fee I have to be in Canada. But then to be in Canada, the canadian consulate need the appointment letter. It's a catch 22 .
Thats the mean I get.
How do I go about doing that when I can't even set foot on Canada? I am predicting I will get my canadian visa by end of August (usually takes 2 weeks for me to get).
Secondly how do you explain this:
going forward, the MRV fee will have to be paid prior to scheduling appointment. But then to pay the MRV fee I have to be in Canada. But then to be in Canada, the canadian consulate need the appointment letter. It's a catch 22 .
more...
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Ann Ruben
10-24 11:08 AM
While there is no requirement that experience letters use language identical to language used in the PERM application, substantive inconsistencies can be a problem. If the PERM appication requires experience in XYZ technology, then the experience letter must mention XYZ technology. If, on the other hand, the PERM application simply requires experience as a systems analyst, then it doesn't matter whether XYZ technology is mentioned in the experience letter.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
So, to determine whether your experience letters are adequate, you should first review Section H
of the PERM application and make a list of the employer's stated requirements. Next, compare that list to the content of your experience letters. If the letters do not clearly and explicitly cover everything on the list, note exactly what skill, knowledge or experience is missing.
Then, assuming your prior employers are not willing to amend the letters already provided, identify others (colleagues, co-workers, clients) with actual knowledge of your work and request notarized statements from them to supplement the letters you already have. In addition, if you completed academic or technical course work related to the missing skill or technology, obtain letters from the professors or instructors and/or course descriptions + your transcripts/certificates.
This basic analysis becomes more complicated if, in addition to documenting prior experience, you are seeking EB2 classification based on "five years of progressively responsible experience". In that situation, not only must the letters document that you possess specific skills, knowledge and experience, they must also document the progressive trajectory of your career.
A FINAL NOTE: If at all possible, experience letters and related documents should be obtained and provided to the employer/lawyer PRIOR TO preparing and filing the PERM application.
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justin150377
07-01 02:38 PM
Since AILF has already issued a preliminary notice about a class action law suit if USCIS rejects applications under a revised bulletin this is a preliminary poll on how many of us would join the law suit? I for one will join the law suit. Understand that you will have to reveal all details about yourself and application in the lawsuit and those details will be transparent to DOS and USCIS.
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skynet2500
07-09 12:35 PM
DOS issued one more bulletine today on 9th July 2007 !!!!!!!!!!!!!
Please post the link. What is new anyways in this?
Please post the link. What is new anyways in this?
sxv7392
12-11 01:22 PM
I really appreciate what the CORE team is doing. I just found out about this a few weeks ago and I see lot of thing happening. I am willing to help in any way possible. I need some direction..............................
jonty_11
12-26 11:44 AM
Just allowing filing of I-485 while You are retrogressed, is a boon, so u can get EAD and are allowed to change Jobs in the Same profession
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