Concurrent Filing - Using Cross Chargeability

Does anyone know if the part time (20 hrs/wk) employment can be counted for I140

I have experience working in the university and in a company as part time (20hrs/wk). My lawyer suggested that it could be counted as half of full time i.e. if I worked 4 yrs part time it could be counted as 2 yrs full time. Is that true ? any ideas?

I have an RFE on my I140 which my lawyers haven't sent to me. I am just speculating what it could be about. I have an MS degree with about 1.5 yrs experience after that. But I had about 4 yrs of part time experience earlier. My I 140 asks for MS+3 yrs. Do you guys think it could be a problem?
 
pururwa said:
I have experience working in the university and in a company as part time (20hrs/wk). My lawyer suggested that it could be counted as half of full time i.e. if I worked 4 yrs part time it could be counted as 2 yrs full time. Is that true ? any ideas?

I have an RFE on my I140 which my lawyers haven't sent to me. I am just speculating what it could be about. I have an MS degree with about 1.5 yrs experience after that. But I had about 4 yrs of part time experience earlier. My I 140 asks for MS+3 yrs. Do you guys think it could be a problem?
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Pururwa,
Were you working part time as part of OPT? What visa were you working under?
 
Radd,KC all...

what r the pros & cons of travelling on AP for 1-2 months?
My 1year ext beyond 6 yrs is being filed in the next 2-3 weeks
and the 6th yr ends in feb,2007
I want to avoid the hassle of getting the H1B visa stamped in the passport
from US consulate...

TIA,
 
I was working on F1

ks_cc said:
Pururwa,
Were you working part time as part of OPT? What visa were you working under?
Click to expand...
My international student dept. used to authorize my I-20 for that, I guess it was called CPT (curricular PT)
 
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Radd, KS, Gurus, pls help

I finally received the RFE from the lawyers. It is asking for the below:
1.) Ability to Pay
2.) Show my university experience as related exp.

At the univ, I did work on some of the tools/skills which are listed on the labor but not on all the tools/skills listed on the labor. How do I show that exp was related, any specific format I have to follow.

Please help.
 
check for post by UN ,unitednations...he has dwelt on the ability to pay issues
and he is very helpfull,he has his contact no's in his signature
 
pururwa said:
I finally received the RFE from the lawyers. It is asking for the below:
1.) Ability to Pay
2.) Show my university experience as related exp.

At the univ, I did work on some of the tools/skills which are listed on the labor but not on all the tools/skills listed on the labor. How do I show that exp was related, any specific format I have to follow.

Please help.
Click to expand...
Hi Pururwa
Definitely follow dbins suggestion for the ability to pay part. As far as university experience is concerned, highlight the tools and skills you've learned on that job and segue that into how that applies to the skills described on your labor. You'd need to work with your attorney on that, but if you send me a private message describing these skills (labor and univ exp), I might be able to try and make some matches for you...another set of eyes on the same won't hurt. On the bright side, this is a very common RFE from what I hear for a 140.
 
dbins01 said:
what r the pros & cons of travelling on AP for 1-2 months?
My 1year ext beyond 6 yrs is being filed in the next 2-3 weeks
and the 6th yr ends in feb,2007
I want to avoid the hassle of getting the H1B visa stamped in the passport
from US consulate...

TIA,
Click to expand...
Hi dbins
The pros are that you don't have to spend time in a consulate for getting the H1B stamped. From what I know, once you use your AP, its kind of like not getting your H1 extended and using your EAD to continue employment. This, from what I believe, immediately negates your H1, and your status from that point on is just applicant for adjustment of status to permanent resident. Now, thats not a bad status to be, but, if gosh forbid, something happens with the 485 application, you are then in no-man's zone, y'know what I mean? You dont have an H1 to fall back on at that point. Hence people suggest to continue being on H1 until the GC comes in and supplants it by default.
Again, check with your attorney to verify what I've said is correct.
 
Thanks a lot KS & dbins

ks_cc said:
Hi Pururwa
Definitely follow dbins suggestion for the ability to pay part. As far as university experience is concerned, highlight the tools and skills you've learned on that job and segue that into how that applies to the skills described on your labor. You'd need to work with your attorney on that, but if you send me a private message describing these skills (labor and univ exp), I might be able to try and make some matches for you...another set of eyes on the same won't hurt. On the bright side, this is a very common RFE from what I hear for a 140.
Click to expand...

I will get back to you as soon as I hear back from the lawyers, which may be tomorrow or day after. They are preparing a list of what they need from me and from the company in order to satisfy this RFE. Thanks again.
 
dbins,

The feedback I have received so far is that AP and H1 sort of exists in parallel and you dont necessarily lose h1 upon re-entry. I am using AP next month so I will know in concrete in a month :)
 
KS, anybody?

ks_cc said:
Hi Pururwa
Definitely follow dbins suggestion for the ability to pay part. As far as university experience is concerned, highlight the tools and skills you've learned on that job and segue that into how that applies to the skills described on your labor. You'd need to work with your attorney on that, but if you send me a private message describing these skills (labor and univ exp), I might be able to try and make some matches for you...another set of eyes on the same won't hurt. On the bright side, this is a very common RFE from what I hear for a 140.
Click to expand...
Finally I received the RFE. They have requested:
1.) A2P: company's annual report, 2004 or 2005 tax returns, and my 2005 W-2.
2.) Univ Exp: They have said that the "Teaching Assistant" job did not have the same job duties as listed on the labor. However that exp was for only 9 months part time.

For the other part time univ research assistantship, they have said that it wasn't stated on the exp letter if it was part time/ full time. Now since they haven't raised questions about job duties on this one, would it be sufficient to get a letter from the univ stating that it was a part time employment. To my surprise, even if CIS assumed it to be part time, I was meeting the 3 yr exp requirement (since I worked full time at another job for about 20 months + this part time 3 yrs gave me 18 months of full time exp), then why did they even ask to clarify if it was part time /full time.

any suggestions?
 
LUD on my I 485

Hey guys,
I have an LUD on my I 485 .....on 08/18/2006

so ....Am I all set or What??????

I have cold feet now...Hope its approval tomorrow or very soon...

KS_CC:- I hope your research goes right.....
 
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pururwa said:
Finally I received the RFE. They have requested:
1.) A2P: company's annual report, 2004 or 2005 tax returns, and my 2005 W-2.
2.) Univ Exp: They have said that the "Teaching Assistant" job did not have the same job duties as listed on the labor. However that exp was for only 9 months part time.

For the other part time univ research assistantship, they have said that it wasn't stated on the exp letter if it was part time/ full time. Now since they haven't raised questions about job duties on this one, would it be sufficient to get a letter from the univ stating that it was a part time employment. To my surprise, even if CIS assumed it to be part time, I was meeting the 3 yr exp requirement (since I worked full time at another job for about 20 months + this part time 3 yrs gave me 18 months of full time exp), then why did they even ask to clarify if it was part time /full time.

any suggestions?
Click to expand...

Hi Pururwa,
What I would do is have the university issue you a letter stating the part time employment including dates and most of all job responsibilities. I would request the university to perhaps highlight the most pertinent job duties as relate to your labor cert. I'm willing to bet that they would more than likely be receptive to helping you out with this since universities deal extensively with USCIS as far as student visas/OPTs etc are concerned.
 
Brittany Spears said:
Hey guys,
I have an LUD on my I 485 .....on 08/18/2006

so ....Am I all set or What??????

I have cold feet now...Hope its approval tomorrow or very soon...

KS_CC:- I hope your research goes right.....
Click to expand...
Brittany,
This is great....I hope I am correct as well and you get approved very shortly. I would definitely cross your fingers that this LUD is them preparing to approve the case. I presume there was no change in the message. Keep your eyes peeled over the weekend, it has been my experience that all approval emails have either come on a Saturday or a Sunday. Temper your expectations though...but I am quite certain that you're on a cusp of approval, be it this weekend or next.
What about your spouse? Any change in LUDs for that case?
 
485 approved

Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On August 18, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.


KS_CC /others,
I got my above mentioned approval email for me and my spouse on 19th august 2006. Though my sons 485 has also the same LUD but his message is still old(RFE recd) .No message change for him though..ANywyas I am ok with it .

KS_CC :- You are just too good..May be you should consider getting into immigration business....

SO finally Cross Chargeability worked for me...
MY husbands born in India and I too am an Indian citizen born in a non retro country... SO my birth country worked for us.....I am really grateful to myy parents who also never ever thought that my birth country would ever ever be useful for me in our future...

THis site was great...especially this forum...YOu guys are just too good....
I will pray really hard that you all get the same approval very very soon..
 
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congratulations, enjoy now

Brittany Spears said:
Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On August 18, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.


KS_CC /others,
I got my above mentioned approval email for me and my spouse on 19th august 2006. Though my sons 485 has also the same LUD but his message is still old(RFE recd) .No message change for him though..ANywyas I am ok with it .

KS_CC :- You are just too good..May be you should consider getting into immigration business....

SO finally Cross Chargeability worked for me...
MY husbands born in India and I too am an Indian citizen born in a non retro country... SO my birth country worked for us.....I am really grateful to myy parents who also never ever thought that my birth country would ever ever be useful for me in our future...

THis site was great...especially this forum...YOu guys are just too good....
I will pray really hard that you all get the same approval very very soon..
Click to expand...
 
Thanks KS.

ks_cc said:
Hi Pururwa,
What I would do is have the university issue you a letter stating the part time employment including dates and most of all job responsibilities. I would request the university to perhaps highlight the most pertinent job duties as relate to your labor cert. I'm willing to bet that they would more than likely be receptive to helping you out with this since universities deal extensively with USCIS as far as student visas/OPTs etc are concerned.
Click to expand...

Hey, I can certainly get another letter from the univ, thats no problem I guess. But I just want to make sure that CIS doesn't have a problem with univ emp. itself at the first place. They didn't raise any concerns for the other similar part time exp that I had at a company while doing MS.

If they had problems with the univ emp at the first place they could have rejected it right away rather than issuing an RFE.

Could you or anybody tell me if univ 20hrs/wk employment is considered a part time employment and can be counted towards required exp for I140 ?

Please help, I would appreciate any pointers that you may suggest. I am really upset and frustrated that my case hasn't been approved yet even after having a Masters from a good univ.

Thanks.
 
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Congrats!!! New Hope for the entire CC Group

Hi Brittany Spears,

Congratulations!!! Enjoy your freedon.

Apologies for not posting many postings in this thread earlier even though I have always followed it keenly. Kudos to radd, ks_cc, etc for making it such an active and supportive forum.

Your approval gives a lot of hope to the entire CC Group. I was beginning to think that Nitin Verma's approval was a one-off thing. Great News for all of us.

1. Did you or your lawyer ever make any inquiries etc to USCIS regarding your case to expediate the process / to confirm that CC was being applied to the case?

2. Please confirm that your husband was the primary applicant and you were the dependent born in a non-retrogressed country.



Brittany Spears said:
Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On August 18, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.
Click to expand...
 
Brittany Spears said:
Application Type: I485, Application to Register Permanent Residence or to Adjust Status

Current Status:

On August 18, 2006, after approving your application, we ordered you a new card. Your card will be mailed to you as soon as it is ready.


KS_CC /others,
I got my above mentioned approval email for me and my spouse on 19th august 2006. Though my sons 485 has also the same LUD but his message is still old(RFE recd) .No message change for him though..ANywyas I am ok with it .

KS_CC :- You are just too good..May be you should consider getting into immigration business....

SO finally Cross Chargeability worked for me...
MY husbands born in India and I too am an Indian citizen born in a non retro country... SO my birth country worked for us.....I am really grateful to myy parents who also never ever thought that my birth country would ever ever be useful for me in our future...

THis site was great...especially this forum...YOu guys are just too good....
I will pray really hard that you all get the same approval very very soon..
Click to expand...

OMG!!! This is absolutely FANTASTIC. I am overjoyed for you. Very very happy! You've really made my weekend. Heartiest congratulations and savor this moment!
 
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