msyedy
02-02 11:33 PM
I have no hope that the retrogression will end.
That visa numbers will ever get current.
There will always be a lag of 2-10 years for ROW, and 10-100 years for India.
Now, can someone please explain to me, with some confidence, what will happen after I get a 3-year extension. What will happen at the end of three years? WIll I be able to get more extensions on my H-1? Or will I have to pack my bags. I suppose nobody has come across this situation yet, since retrogression started in 2005. But, come 2008 we will start seeing these cases. Again, this is for PERM filing in the 6th year of H-1, after the 5 year anniversary of the H-1, and having the I-140 approved before the 6th year anniversary, so that a 3-year extension can be filed.
Does anyone know what the law states? What INS states? Or what the lawyers say?????
I would appreciate it. I got some calculations to do (like, how do I pack my bags, how many bags to pack , when to pack etc..........)
go http://www.uscis.gov website and look for immigration rules and search for H1-B extension.
You will get all your answers.. That is the most trusted site
Bottom line............
You will keep on getting extensions. Dont worry, no one will ask you to leave until you loose your status.
That visa numbers will ever get current.
There will always be a lag of 2-10 years for ROW, and 10-100 years for India.
Now, can someone please explain to me, with some confidence, what will happen after I get a 3-year extension. What will happen at the end of three years? WIll I be able to get more extensions on my H-1? Or will I have to pack my bags. I suppose nobody has come across this situation yet, since retrogression started in 2005. But, come 2008 we will start seeing these cases. Again, this is for PERM filing in the 6th year of H-1, after the 5 year anniversary of the H-1, and having the I-140 approved before the 6th year anniversary, so that a 3-year extension can be filed.
Does anyone know what the law states? What INS states? Or what the lawyers say?????
I would appreciate it. I got some calculations to do (like, how do I pack my bags, how many bags to pack , when to pack etc..........)
go http://www.uscis.gov website and look for immigration rules and search for H1-B extension.
You will get all your answers.. That is the most trusted site
Bottom line............
You will keep on getting extensions. Dont worry, no one will ask you to leave until you loose your status.
wallpaper pratigya?
ivuser
02-08 10:06 AM
Hi,
There is a chance you may get extension of stay (new I 94), please note that the process is not certain.
I did not get extension approval for my parents.
Let us say for an example, my parents came to US on 01 Jan 2003 with a 10 years visa, up on entry they got 6 months approval to stay, that is till June 30 2003. Please note that this visit was the second visit to US, the first was in 2000 for 6 months.
In March 2003 we decided to request for extension of stay, as per conventional knowledge, we should not make the extension request too much in advance, it is recommended to apply 30 days before you permitted stay ends.
Applied extension on 01 June 2003, the USCIS may take 2 to 3 months to process those application. There is a website where you could monitor the status, every day we used to monitor that and found on 10 Aug 2003 stating that the extension is rejected. On 16 Aug 2003 we got a letter stating that extension is rejected and it is out of status now. Please note that there was no clear indication when the out of status time started, it is a big mess. I do know if an application is pending, it is legal and it is in status.
As per the law, if a visitor is out of status even for a day, the 10 years Visitor Visa is invalid, and could have issues for the visitor's GC process.
Only good part is, in most of the cases they do not invalidate the Visa. I have noticed in many cases the visitors had to apply for a new 10 year visitors visa and that was a big mess too.
The reason why I had to write the long reply is to give our IV members a chance to take an informed decision.
My take is, I would not recommend the extension process to any of my friends.
Thanks,
IVuser
There is a chance you may get extension of stay (new I 94), please note that the process is not certain.
I did not get extension approval for my parents.
Let us say for an example, my parents came to US on 01 Jan 2003 with a 10 years visa, up on entry they got 6 months approval to stay, that is till June 30 2003. Please note that this visit was the second visit to US, the first was in 2000 for 6 months.
In March 2003 we decided to request for extension of stay, as per conventional knowledge, we should not make the extension request too much in advance, it is recommended to apply 30 days before you permitted stay ends.
Applied extension on 01 June 2003, the USCIS may take 2 to 3 months to process those application. There is a website where you could monitor the status, every day we used to monitor that and found on 10 Aug 2003 stating that the extension is rejected. On 16 Aug 2003 we got a letter stating that extension is rejected and it is out of status now. Please note that there was no clear indication when the out of status time started, it is a big mess. I do know if an application is pending, it is legal and it is in status.
As per the law, if a visitor is out of status even for a day, the 10 years Visitor Visa is invalid, and could have issues for the visitor's GC process.
Only good part is, in most of the cases they do not invalidate the Visa. I have noticed in many cases the visitors had to apply for a new 10 year visitors visa and that was a big mess too.
The reason why I had to write the long reply is to give our IV members a chance to take an informed decision.
My take is, I would not recommend the extension process to any of my friends.
Thanks,
IVuser

ind_game
05-16 03:15 AM
Thanks for the reply, I had checked this before posting. However this is for extension of status(EOS) or change of status(COS) of non immigrant status.
I-485 being adjustment of status to permanent residence the AAO appeal cant be similar to a EOS/COS nonimmigrant visa situation.
In the entire 51 pages I dont think this situation is addressed for I-485 denial appeal, Please let me know if this is not correct.
Thanks
Check this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5baa6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
The Immigration and Nationality Act (INA)1 permits change of an alien's immigration status in the United States (US) from nonimmigrant or parolee (temporary) to immigrant (permanent) if the alien was properly admitted or paroled into the US. The term for a change from temporary to permanent status is adjustment of status. The term change of status refers to a change from one temporary classification to another.
So, AOS is not COS even though there is a change in status........mhmhhm.......
I-485 being adjustment of status to permanent residence the AAO appeal cant be similar to a EOS/COS nonimmigrant visa situation.
In the entire 51 pages I dont think this situation is addressed for I-485 denial appeal, Please let me know if this is not correct.
Thanks
Check this link:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=5baa6138f898d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=4f719c7755cb9010VgnVCM10000045f3d6a1 RCRD
The Immigration and Nationality Act (INA)1 permits change of an alien's immigration status in the United States (US) from nonimmigrant or parolee (temporary) to immigrant (permanent) if the alien was properly admitted or paroled into the US. The term for a change from temporary to permanent status is adjustment of status. The term change of status refers to a change from one temporary classification to another.
So, AOS is not COS even though there is a change in status........mhmhhm.......
2011 Man Ki Awaaz Pratigya story
coloniel60
08-11 06:40 PM
IMHO, this is INSANE. No wonder, USCIS is going to take FOREVER to even issue receipt notices. A concerning mistake on original submission is one story but to reapply just because no receipt was issued is another!
You call it insane and I call it USCIS stipidity. I sent my application on June 11th and I see people who mailed their applications last week of June getting recipt notices and I am still waiting fo rmy checks to be cashed.
They should follow FIFO atleast for issuing receipt notices. If they don't then I am sure few more folks will be mailing their 485 applications for the second time the coming week.
You call it insane and I call it USCIS stipidity. I sent my application on June 11th and I see people who mailed their applications last week of June getting recipt notices and I am still waiting fo rmy checks to be cashed.
They should follow FIFO atleast for issuing receipt notices. If they don't then I am sure few more folks will be mailing their 485 applications for the second time the coming week.
more...
dskhabra
09-28 04:21 PM
IV tool to find the number in the queue is in much demand. When tool was provided in the Donor forum everyone was looking for the actual FOIA numbers. Now when real numbers FOIA/USCIS website are out people are looking for the tool : )
braindrain
05-25 04:18 AM
good joke ..but of late, I wonder if we will have any campaigns in the future or are we resigned to our fate ?
This is certainly not a joke based on my experience.
I travelled to India on May 1st and had to attend for H1B VISA renewal at Chennai consulate on May 4th. I did not have enough time to take any print outs in India and so decided to get all the documents printed and be ready to go to the embassy when I land in India. With all the rumors and embassies requesting more documentation, I started colecting all the documents for the last 9 yrs I have been in in the US and they weighed total of 5 lbs all together and since I was carrying them as part of the carry-on, the total weight exceeded the limits and had to request/explain about the US VISA documentation to the guy at the couter and he was knowledgable enough to understand the situation and allowed the documents.
When I went to the Chennai consulate, it took a while for me to get the security cleared, since they take out all of your documents w/o any commonsense and consideration for all the effort you put into organizing your documents. My advice to people going to Chennai consulate is not to waste time organizing your documents. You can do them when you are past the security. Once the secuirty was cleared, the interview process was smooth and the VISA was issued. Not a single document I carried was asked except for I-797, I-129 and LCA and the interview was for less an a minute.
I will be travelling back on May30th through JFK and again with 5 lbs on documents, sorry its 5.01 lbs since I have my new US VISA in my passport now :). Hope everything goes well at the POE.
This is certainly not a joke based on my experience.
I travelled to India on May 1st and had to attend for H1B VISA renewal at Chennai consulate on May 4th. I did not have enough time to take any print outs in India and so decided to get all the documents printed and be ready to go to the embassy when I land in India. With all the rumors and embassies requesting more documentation, I started colecting all the documents for the last 9 yrs I have been in in the US and they weighed total of 5 lbs all together and since I was carrying them as part of the carry-on, the total weight exceeded the limits and had to request/explain about the US VISA documentation to the guy at the couter and he was knowledgable enough to understand the situation and allowed the documents.
When I went to the Chennai consulate, it took a while for me to get the security cleared, since they take out all of your documents w/o any commonsense and consideration for all the effort you put into organizing your documents. My advice to people going to Chennai consulate is not to waste time organizing your documents. You can do them when you are past the security. Once the secuirty was cleared, the interview process was smooth and the VISA was issued. Not a single document I carried was asked except for I-797, I-129 and LCA and the interview was for less an a minute.
I will be travelling back on May30th through JFK and again with 5 lbs on documents, sorry its 5.01 lbs since I have my new US VISA in my passport now :). Hope everything goes well at the POE.
more...
jb1909
10-26 12:22 PM
I also received an RFE recently and it was for photos and copy of ID. I had sent these to USCIS after I e-filed, but it seems they lost it.
2010 Pratigya on STAR Plus.
gapala
05-13 05:15 PM
Guys look at what is going on around us.. .. .(this impacts immigrants... just a cover)
Consumer spending is down.. shops are closing down.. for that matter entire malls are closing down across the country.
Housing market is a mess... with prices still bubbled up in majority of the areas in the country.... what they call down 40% decline is nothing but correction after that rediculous increase at 20000 a month for several months until mid to end of 2006.
Insurance and Banking is F'ed up due to gambling and greed.
Auto industry is in deep s**t.. trickle down to parts manufacturers / dealerships.
Social security is in trouble
401K has disappeared....
Equity market plunged
Government run Medicare is in trouble..... (in view of government run universal healthcare that they have already proposed)
Unemployment is all time high..
Airlines facing slump...
And now... today's headlines.. cragslist shutting down "erotic services"... Does that sounds like more job losses? :D:D:D ... feel sorry for folks (customers and service providers):D
Jeez...times are tough.... take it easy guys..
Consumer spending is down.. shops are closing down.. for that matter entire malls are closing down across the country.
Housing market is a mess... with prices still bubbled up in majority of the areas in the country.... what they call down 40% decline is nothing but correction after that rediculous increase at 20000 a month for several months until mid to end of 2006.
Insurance and Banking is F'ed up due to gambling and greed.
Auto industry is in deep s**t.. trickle down to parts manufacturers / dealerships.
Social security is in trouble
401K has disappeared....
Equity market plunged
Government run Medicare is in trouble..... (in view of government run universal healthcare that they have already proposed)
Unemployment is all time high..
Airlines facing slump...
And now... today's headlines.. cragslist shutting down "erotic services"... Does that sounds like more job losses? :D:D:D ... feel sorry for folks (customers and service providers):D
Jeez...times are tough.... take it easy guys..
more...
ram04
09-29 10:34 PM
Hi, I'm a Georgia (Fulton County) high school senior applying for college soon for the fall 2008 semester.
My family is on the H series visa and has been for the past 7 years. My father has filed for I-485 in August of this year, but it is still pending. Our priority date is somewhere late 2004, september I think.
Since I'm unsure whether I'm gonna be an eligible non-citizen (green card) for financial aid by the time I apply, would Georgia laws require I pay out of state or is there any chance of me getting in state?
We have lived in Georgia since July 2006.
Any help would be appreciated.. thank you..
-Dhruv..
Dhruv,
If you were here and did your schooling in GA school, you are considered as in state.
Please be aware instate does not mean you get all the concessions and aid which are applicable to citizens. Mostly Aid and asst ship depends on your university profressor and related department staff. If they like you and you maintain your grade then you will be getting most of the aid you wanted till you complete your studies. I know some who got aid with H4 status. I have enquired about all these for my daughter's admission in GA Tech.
As other members suggested bottom line is - it all depends on School and related professor.
Hope this helps.
- Ram
My family is on the H series visa and has been for the past 7 years. My father has filed for I-485 in August of this year, but it is still pending. Our priority date is somewhere late 2004, september I think.
Since I'm unsure whether I'm gonna be an eligible non-citizen (green card) for financial aid by the time I apply, would Georgia laws require I pay out of state or is there any chance of me getting in state?
We have lived in Georgia since July 2006.
Any help would be appreciated.. thank you..
-Dhruv..
Dhruv,
If you were here and did your schooling in GA school, you are considered as in state.
Please be aware instate does not mean you get all the concessions and aid which are applicable to citizens. Mostly Aid and asst ship depends on your university profressor and related department staff. If they like you and you maintain your grade then you will be getting most of the aid you wanted till you complete your studies. I know some who got aid with H4 status. I have enquired about all these for my daughter's admission in GA Tech.
As other members suggested bottom line is - it all depends on School and related professor.
Hope this helps.
- Ram
hair My favourite serial #39;Pratigya#39;
nixstor
10-24 10:41 AM
Guys,
I spoke with Erin this morning and told her that I liked the article and about our situation. She is willing to cover our story, how ever she has a full plate now. I guess after elections would be a good time. I sent her an email underscoring some of the issues. If any one of you would like to write to her please send me a PM for her email address.
I spoke with Erin this morning and told her that I liked the article and about our situation. She is willing to cover our story, how ever she has a full plate now. I guess after elections would be a good time. I sent her an email underscoring some of the issues. If any one of you would like to write to her please send me a PM for her email address.
more...
NKR
09-30 09:02 PM
I hope they have assigned visa numbers to all of the cases that received an LUD today, that way even if the dates retrogress all of those applications will be processed.
hot launch of #39;Pratigya#39; in
BMS1
10-30 05:06 PM
He is by no means fringe on the Hill i.e. in Legislature. He founded and chaired (until a few months ago) a caucus in US Congress named Immigration Reform Caucus whose focus include A) addressing the explosive growth in illegal immigration, B) reversing the growth in legal immigration. This caucus is still active and is currently chaired by Congressman Billbray. It boasts of a membership by 110 Congressmen (of whom 102 are Republicans - A majority of the total 202 Republicans -).
more...
house Pratigya success party
Saralayar
04-11 11:34 AM
Hey all,
Got a soft LUD on my I140 today (140 was approved on Jul 2006).
EB3 ROW - PD Oct 2005
Jul 2nd AOS filer.
Had some LUD movements after FP's but everything was holding still since 12/18/2007.
It probably means ........ who knows!!!
My assumption is, if it is going to be AOS, then there should be a LUD on I-485. But why just on the approved I-140?. I am curious.:confused:
Got a soft LUD on my I140 today (140 was approved on Jul 2006).
EB3 ROW - PD Oct 2005
Jul 2nd AOS filer.
Had some LUD movements after FP's but everything was holding still since 12/18/2007.
It probably means ........ who knows!!!
My assumption is, if it is going to be AOS, then there should be a LUD on I-485. But why just on the approved I-140?. I am curious.:confused:
tattoo Awaz Pratigya as they want
sunny
09-05 02:09 PM
Try getting it from India.
more...
pictures Mann Ki Awaaz Pratigya
kris04
11-04 11:26 AM
Got my GC during September and my sponsor couldnt find a job right now. He is saying, they are going to revoke I-140?. Is this normal?. Will it affect me in any way?. Thanks.
Dont worry about it, you're employer's effort is fruitless, ask your sponsor to fire you from job, this will make you are intended to work for your sponsor and they laid you off. I had a chance to talk to my attorney after my GC approval to find ways to swirch employer, this is what he said, "I should work for the sponsor atleast 6months to a year, but if they fire you or layoff from the job then one should be fine".
Dont worry, enjoy your freedom, just ask you're sponsor to contact you if they have job else dont contact you.
HTH
kris
Dont worry about it, you're employer's effort is fruitless, ask your sponsor to fire you from job, this will make you are intended to work for your sponsor and they laid you off. I had a chance to talk to my attorney after my GC approval to find ways to swirch employer, this is what he said, "I should work for the sponsor atleast 6months to a year, but if they fire you or layoff from the job then one should be fine".
Dont worry, enjoy your freedom, just ask you're sponsor to contact you if they have job else dont contact you.
HTH
kris
dresses Will Pratigya sing for Krishna
Brightsider
09-07 09:38 AM
Hope things have becoming clearer.
Hate to sound discouraging, but any issue of prolonged absence can create problems.
I say 'can', only because of the vagaries at POE.
Even after getting the green card, it is not advisable to stay away for more than six months a year.....although people have done it.
Once the green card has been received, you guys can take a re-entry permit, which allows staying away for a longer period of time. I am not sure, but I think it is valid for two-years.
You had been asking about the pre-green card stage and I know I have been talking about the post-gc one.
My two cents on the pre-gc issue is go to a good lawyer....even if you have to pay top dollar. Apart from the advice, you will also have legal back-up, should you choose to send your daughter to India.
Lastly, have you considered having your daughter study for pre-requisite courses here while your green card journey reaches a destination. Then you can take a re-entry permit and breathe easy.
Best of luck.
Hate to sound discouraging, but any issue of prolonged absence can create problems.
I say 'can', only because of the vagaries at POE.
Even after getting the green card, it is not advisable to stay away for more than six months a year.....although people have done it.
Once the green card has been received, you guys can take a re-entry permit, which allows staying away for a longer period of time. I am not sure, but I think it is valid for two-years.
You had been asking about the pre-green card stage and I know I have been talking about the post-gc one.
My two cents on the pre-gc issue is go to a good lawyer....even if you have to pay top dollar. Apart from the advice, you will also have legal back-up, should you choose to send your daughter to India.
Lastly, have you considered having your daughter study for pre-requisite courses here while your green card journey reaches a destination. Then you can take a re-entry permit and breathe easy.
Best of luck.
more...
makeup pratigya. Behenein
ineedhelp1986
01-26 11:00 AM
hey Bhasky25 ....thanks!!!
now m feeling better :)
m so eagerly waiting 4 my EAD....i have job offer in ma hand :confused:...so dont want to loose jst bcoz EAD.
one more question:
If i gets my EAD in february...i joins my job....and going for vacation in India for 10 days(on 27 th may)...so could you plz suggest me the next steps for EAD in this situation??
once again i really appreciate u...Thank you!:)
now m feeling better :)
m so eagerly waiting 4 my EAD....i have job offer in ma hand :confused:...so dont want to loose jst bcoz EAD.
one more question:
If i gets my EAD in february...i joins my job....and going for vacation in India for 10 days(on 27 th may)...so could you plz suggest me the next steps for EAD in this situation??
once again i really appreciate u...Thank you!:)
girlfriend Watch Pratigya 2nd March 2011
amsgc
09-18 02:34 PM
Hi Milind and others,
Thank you for your response.
How does one apply for extension of stay beyond Oct 31 under these circumstances? Which form is used and is there an option to do premium processing?
My guess is that it is the same form - I-129, and one should be able to do premium processing.
Anybody here who is familiar with the process? Please advise.
Thanks.
He has a stamped H1 till Oct 31 2008 . He is an H1 extension of I 1797 till Oct 31 2011. There are two things one can do.
-Go to CBP and try to convince that you did not show the 797 with validity till Oct 2011 by mistake /error or stress so please correct the I 94.
-Else if the above does not work take a small trip and travel outside and return back before your visa stamp ends(Oct 30 2008) , while at reentry show you visa stamp as well the 1797 with validity till oct 2011 , the POE has to issue you I 94 till oct 2011.
-or else just take an appointment in the home consulate and go for stamping
But make sure in any cases u must leave the country before Oct 31 2008 .
Thank you for your response.
How does one apply for extension of stay beyond Oct 31 under these circumstances? Which form is used and is there an option to do premium processing?
My guess is that it is the same form - I-129, and one should be able to do premium processing.
Anybody here who is familiar with the process? Please advise.
Thanks.
He has a stamped H1 till Oct 31 2008 . He is an H1 extension of I 1797 till Oct 31 2011. There are two things one can do.
-Go to CBP and try to convince that you did not show the 797 with validity till Oct 2011 by mistake /error or stress so please correct the I 94.
-Else if the above does not work take a small trip and travel outside and return back before your visa stamp ends(Oct 30 2008) , while at reentry show you visa stamp as well the 1797 with validity till oct 2011 , the POE has to issue you I 94 till oct 2011.
-or else just take an appointment in the home consulate and go for stamping
But make sure in any cases u must leave the country before Oct 31 2008 .
hairstyles of Mann Ki Awaaz Pratigya
mrane1
08-16 02:32 PM
Hi ,
I e-filed on May 22 but EAD approval yet .
Can you tell me when your wifes case was e-filed? And if have opned any SRs or put in an expedite request?
Please let me know .
Thanks
indian111
My wifes EAD was filed on May 5th. She went for photographs and FP on June 6th... Received EAD on August 10th. NSC service center. We did try to file a SR but the rep said it was still under NSC's date... We were able ti file SR for 485 ofcourse... this will be the 3rd SR with no result!
I e-filed on May 22 but EAD approval yet .
Can you tell me when your wifes case was e-filed? And if have opned any SRs or put in an expedite request?
Please let me know .
Thanks
indian111
My wifes EAD was filed on May 5th. She went for photographs and FP on June 6th... Received EAD on August 10th. NSC service center. We did try to file a SR but the rep said it was still under NSC's date... We were able ti file SR for 485 ofcourse... this will be the 3rd SR with no result!
ragz4u
02-09 02:00 PM
A lot of people were anxious and wondering what was happening behind the scenes here at IV. Now that we have announced our tie up with not just any strategic firm, but one of the best, the onus lies on all of us to spread the word.
I can understand if some of your friends asking you 'IV talks about a lobbying firm, but where is it?'. Well, now you have an answer! Go and convince them that we are not just talking, but walking the talk too. Convince them to volunteer and contribute to our common cause.
Also, do not forget how important the employees of our partner firm are in the US Political arena.
Just for an example, Ed Gillespie is the person responsible for the nominations and confirmation of Justice John Roberts and Samuel Alito.
He was the RNC chairman. Though it may not be a good comparison, in Indian terms, its like Sonia Gandhi (president of INC)!
I can understand if some of your friends asking you 'IV talks about a lobbying firm, but where is it?'. Well, now you have an answer! Go and convince them that we are not just talking, but walking the talk too. Convince them to volunteer and contribute to our common cause.
Also, do not forget how important the employees of our partner firm are in the US Political arena.
Just for an example, Ed Gillespie is the person responsible for the nominations and confirmation of Justice John Roberts and Samuel Alito.
He was the RNC chairman. Though it may not be a good comparison, in Indian terms, its like Sonia Gandhi (president of INC)!
amitkhare77
12-17 03:27 PM
You are right, GC is for future job but this particular future job should be different than his current job in order to qualify for EB2 (if his current job was not already qualified for EB2). In the labor application there is a question number 23( page 6 ) which says "Is the alien currently employed by the petitioning employer?". so it does matter which position the candidate is working and which position you filing the green card? you can not file for a future job (i.e. VP) under EB1 category considering the fact that the candidate working today as developer will eventually become VP. you can file a GC under EB1 category as future job for a guy sitting in India who is currently Senior VP in some big shot IT company. once he receives his GC he can come and join the company.
this is the biggest problem about this GC process. you basically stuck with your Job desc. even if you get promotion, the day you get approval and there is RFE abot your job desc, you still have to show your original job desc and not what you doing today. it does not sound right but this is the reality.
also if you are already employed with filling company then you need to submit the W-2/pay checks at the time of filling I-140. so YES his current job does matters
Green card filing is for future job. Nothing related to his current H1B job. Company need to give the future position for him with Masters degree as a requirement for that position. Present salary and postition doesn't matter. IT IS FUTURE JOB.
He cannot use present company experience, but no need of experience with masters as a requirement for enty level EB2 'type' jobs.
this is the biggest problem about this GC process. you basically stuck with your Job desc. even if you get promotion, the day you get approval and there is RFE abot your job desc, you still have to show your original job desc and not what you doing today. it does not sound right but this is the reality.
also if you are already employed with filling company then you need to submit the W-2/pay checks at the time of filling I-140. so YES his current job does matters
Green card filing is for future job. Nothing related to his current H1B job. Company need to give the future position for him with Masters degree as a requirement for that position. Present salary and postition doesn't matter. IT IS FUTURE JOB.
He cannot use present company experience, but no need of experience with masters as a requirement for enty level EB2 'type' jobs.

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