Comments for H-1 Cap Blog http://www.h1cap.com Hammond Law Group, LLC Fri, 16 May 2008 05:21:47 +0000 http://wordpress.org/?v=2.3.1 Comment on Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree by LEAH H. http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-38 LEAH H. Mon, 24 Mar 2008 22:52:06 +0000 http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-38 Pls enlighten me.. Does it mean that if a nurse has more than 10 yrs continues experience qualify on this EB2 category? thank you.. Pls enlighten me.. Does it mean that if a nurse has more than 10 yrs continues experience qualify on this EB2 category?

thank you..

]]> Comment on Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree by nash http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-22 nash Thu, 13 Mar 2008 23:28:21 +0000 http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-22 Let me get this clear please,will this mean that nurses who finished the BSN course and with more than 5 years of experience as a nurse can apply on this EB2 category? Thank you very much! Let me get this clear please,will this mean that nurses who finished the BSN course and with more than 5 years of experience as a nurse can apply on this EB2 category?

Thank you very much!

]]> Comment on Welcome to our new H-1b blog by leah uk http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-21 leah uk Sat, 08 Mar 2008 17:58:50 +0000 http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-21 how to know, if I-140 is "current" pls? what does current means? thanks how to know, if I-140 is “current” pls? what does current means? thanks

]]> Comment on Welcome to our new H-1b blog by leah uk http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-20 leah uk Sat, 08 Mar 2008 17:49:13 +0000 http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-20 hi. if you have a current I-140 now, are you allowed to file I -485 with I-765 despite retrogression ? response pls.. thanks hi. if you have a current I-140 now, are you allowed to file I -485 with I-765 despite retrogression ? response pls.. thanks

]]> Comment on Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree by Chris Musillo http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-16 Chris Musillo Thu, 06 Mar 2008 21:32:37 +0000 http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-16 Here is the decision: http://www.bibdaily.com/pdfs/AAO%20EB2%20Wada.pdf Here is the decision:
http://www.bibdaily.com/pdfs/AAO%20EB2%20Wada.pdf

]]> Comment on Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree by Leslie Karam http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-15 Leslie Karam Wed, 05 Mar 2008 21:53:58 +0000 http://www.h1cap.com/2008/03/04/immigration-appeals-court-approves-eb2-case-for-an-individual-with-a-3-year-degree/#comment-15 Can you share a copy of the decision with AILA attorney. Please fax or email. Fax: 952-854-2033 Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree 04 Mar Posted by: Michael Hammond in: H-1(b) News The AAO, one of the Courts of Appeals in the immigration system, recently approved an EB2 I-140 for an individual with a full MS degree that had been attained following a 3 yr. Bachelor’s program. This is a major victory as the USCIS Service Center (particularly the Nebraska Service Center) had been issuing denials in such cases and had in fact, created their own policy, commonly referred to as the “6 year rule”, requiring that an individual have 6 years of education to gain EB2 approval when using the Masters degree standard. In the AAO decision, the Court ruled that if a credible education evaluator evaluates the Masters degree as the equivalent of a US Masters degree that the preceding education is not relevant. We praise the AAO for its decision striking down yet another, in a long line of Service Center policies that have no basis in any statute or regulation but, are simply overreaching examples of a bureaucracy run amok. It is not believed that there will be in effect on EB2 cases where the basis of the labor certification is a Bachelor’s plus 5 years of experience and the individual holds a 3 year bachelor’s degree. It should also be noted that the Service Centers routinely choose not to follow AAO decisions and your individual case may need to be litigated in order to achieve the desired result. Can you share a copy of the decision with AILA attorney. Please fax or email.

Fax: 952-854-2033

Immigration Appeals Court Approves EB2 case for an individual with a 3 year degree
04

Mar

Posted by: Michael Hammond in: H-1(b) News

The AAO, one of the Courts of Appeals in the immigration system, recently approved an EB2 I-140 for an individual with a full MS degree that had been attained following a 3 yr. Bachelor’s program. This is a major victory as the USCIS Service Center (particularly the Nebraska Service Center) had been issuing denials in such cases and had in fact, created their own policy, commonly referred to as the “6 year rule”, requiring that an individual have 6 years of education to gain EB2 approval when using the Masters degree standard. In the AAO decision, the Court ruled that if a credible education evaluator evaluates the Masters degree as the equivalent of a US Masters degree that the preceding education is not relevant. We praise the AAO for its decision striking down yet another, in a long line of Service Center policies that have no basis in any statute or regulation but, are simply overreaching examples of a bureaucracy run amok. It is not believed that there will be in effect on EB2 cases where the basis of the labor certification is a Bachelor’s plus 5 years of experience and the individual holds a 3 year bachelor’s degree. It should also be noted that the Service Centers routinely choose not to follow AAO decisions and your individual case may need to be litigated in order to achieve the desired result.

]]> Comment on Welcome to our new H-1b blog by john http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-14 john Tue, 04 Mar 2008 23:18:33 +0000 http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-14 corrections, I was referring to I-485 when I said I-145. Ty! corrections, I was referring to I-485 when I said I-145. Ty!

]]> Comment on Welcome to our new H-1b blog by john http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-13 john Tue, 04 Mar 2008 23:06:24 +0000 http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-13 OK. Thanks for clarifying! Another question, If one plans to move from a cap exempt employer to another cap exempt employer, how long will the worker/individual be able start working to another new cap exempt employer? Thanks! By the way, in filing for AOS to GC from an h-1b visa, can one file the I-140 even with the retro going on and then just file the I-145 when the retro gets lifted? Thanks! OK. Thanks for clarifying! Another question, If one plans to move from a cap exempt employer to another cap exempt employer, how long will the worker/individual be able start working to another new cap exempt employer? Thanks! By the way, in filing for AOS to GC from an h-1b visa, can one file the I-140 even with the retro going on and then just file the I-145 when the retro gets lifted? Thanks!

]]> Comment on Welcome to our new H-1b blog by Chris Musillo http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-12 Chris Musillo Tue, 04 Mar 2008 13:41:20 +0000 http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-12 John- That isnt true. The CIS' interpretation that exempt (non-cap) and conventional (cap-subject) H-1Bs are different NIV classes for the purpose of counting purposes. In other words, if you tranfer from an exempt H-1B to an employer who doesn't meet the exempt standard, you must apply for a cap-subject H-1B. John-

That isnt true. The CIS’ interpretation that exempt (non-cap) and conventional (cap-subject) H-1Bs are different NIV classes for the purpose of counting purposes. In other words, if you tranfer from an exempt H-1B to an employer who doesn’t meet the exempt standard, you must apply for a cap-subject H-1B.

]]> Comment on Welcome to our new H-1b blog by john http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-11 john Sat, 01 Mar 2008 14:25:08 +0000 http://www.h1cap.com/2008/01/30/welcome-to-our-new-h-1b-blog/#comment-11 hi, Experts advise needed. Can a h-1b non-cap visa be transfered to a regular h-1b cap employer? Is it true that to be able to move to another facility(from a non-cap employer to a regular cap emp) the new employer has only has to file the transfer petition and one can begin to work to a new employer even without waiting for the transfer approval? hi,

Experts advise needed. Can a h-1b non-cap visa be transfered to a regular h-1b cap employer? Is it true that to be able to move to another facility(from a non-cap employer to a regular cap emp) the new employer has only has to file the transfer petition and one can begin to work to a new employer even without waiting for the transfer approval?

]]>