kminkeller
03-09 01:51 PM
Thanks va_dude.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
I completely understand that EB2 and EB3 are determined by the job requirements. I know the current job that I am going to do requires 5 years of experience and a Bachelor or Master degree. that is why I am convincing my new employer for help which they agreed to.
I can imagine that i need to do all the labor and I140 as well. But can I apply for Labor without having an H1? as I have mentioned that my H1 had been voided after getting laidoff from my first company and am working on my EAD. Is it a good idea to switch EB3 to EB2 at this point? I have an set up an appointment with a lawyer this Monday. Thanks for the advice.
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krishmunn
01-05 12:55 PM
They cannot hold your PF no matter what. Send a Attorneys letter (in India) stating that it is illegal for them to hold the PF and they should pay it immediately. It has worked magic for a friend of mine who quit one of the largest IT employer.
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
As for OPs question on email being binding , it probably is not. To be a binding contract both party need to sign. When you say "Wipro didn't want me to stay longer" do you have any mail to prove that they indeed wanted you to leave earlier ? If you have that, they sure cannot do anything. As for Leave encashment, if it for leave earned in US, complaint to DOL using form WH4 (assuming you are on H1, not L1) .
voldemar
06-22 11:14 AM
Due to time contraints doctor sent me for a chest x-ray and skipped the TB skin test. Chest x-ray came back negative. Question: Is a TB skin test required if a chest x-ray is negative? No remarks were made as to why TB skin test was not given. Should suggest, to a reasonable person, that no active TB is presentI've got a RFE because of that. Now got TB skin test and will do X-Ray again if TB will be positive.
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lapisguy
07-25 05:42 PM
Hi,
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
I was going thru the chain of I-140 issues, my case is a bit similar but wanted some expert advice...
My employer filed I-140 in June but I did not get any approval yet so my employer ask me to wait until it approved then file for I-485?
Are there chances that if I file I-485 it would get rejected?
more...
TeddyKoochu
01-06 03:41 PM
Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that
"Evidence that the alien has judged the work of others, either individually or on a panel;"
This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.
The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.
Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).
In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.
Thanks for all the details. Greatly appreciate your advise. Looks like lot of information needs to be collected and without a research background I think its really a long shot to justify the time effort and resources.
GCwaitforever
04-15 01:05 PM
You are not loosing anything. Continue on H-1B with current salary as long as it satisfies LCA made for H-1B petition.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
You do not have to say anything to DOL. Your LC might be approved after the audit process. Then comes I-140, where the ability to pay comes into question. This could be difficult to get approved based on the situation you described.
If you have more time on H-1B, try to switch to different employer and restart the Greencard process.
more...
Sandeep
02-16 05:32 PM
Let us put it this way. Short term we can get some benefits of the 90 k visas that can be recaptured (140k according to the Ombudsman - 50k which went to Schedule A last year) But now 90k , regardless of whether it frees numbers for all countries, is going to be a short lived relief . With so many cases coming out of the backlog, there has to be some long term solution for this. All the comprehensive immigration bills had been talking of raising the per country quota by a couple of % but you have to also see that they are redistributing the allocations to EB1, 2 and 3. So I guess in the long run, there is no other option but to increase the overall quota
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estrela21
02-08 11:18 PM
Why would you marry in such haste & go through the trauma of not know whats going to happen i he goes to jail for the next 18 months?? why not wait until his jail issue is over ?? I am no one to judge you & mean no harm but have u thought this through ????
yes.... i did alot and he is my first everything... i am 21 and i am old style.. i can wait for my love... time doesn't matter. well in the end everybody is just looking for the same thing love...and difficulty everybody have and different ways,
i love him.. if you cant wait for your love than you do not love him, true love knows no boundaries. what if he was going to iraq for 18 months is that any different than prison. if he has a disease are you going to leave him to avoid pain or deal with it like an adult and accept how harsh reality is.
im not mad about your question im just explaining how i think.
yes.... i did alot and he is my first everything... i am 21 and i am old style.. i can wait for my love... time doesn't matter. well in the end everybody is just looking for the same thing love...and difficulty everybody have and different ways,
i love him.. if you cant wait for your love than you do not love him, true love knows no boundaries. what if he was going to iraq for 18 months is that any different than prison. if he has a disease are you going to leave him to avoid pain or deal with it like an adult and accept how harsh reality is.
im not mad about your question im just explaining how i think.
more...
gconmymind
09-29 03:35 PM
I also have soft LUD on 09/26 and 09/29...But i dont know what to read into it.
Hope there are a few more approvals today and tomorrow before dates retrogress...
Hope there are a few more approvals today and tomorrow before dates retrogress...
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genius
12-14 05:34 PM
My OPT expires around May.I believe the best way is to join some school rather than going for any other Visa Category?isnt it?
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
Btw ,I asked many lawyers about the OPT extension and they said there is a very little chance that USCIS will approve it unless you have a very very good reason.They are not fools afterall...
I have a Masters from here..and I will be on my F1 again.Offcourse as expected ,the H1B is going to run out in less than a month next year.
Any suggestions would be appreciated.
once again.I will aplly for H1B in April and my OPT expires sometime in May?
Does Kaplan provide courses that issue an I-20?
Thanks in advance!!!!
more...
rb_248
09-08 02:45 PM
Got the cards in the mail. My online case status says the application is still pending.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
Folks (those whose PDs are current this month),
Check with your attorney, in your mail boxes along with the online USCIS case status. You may get the good news in your mail box or from your attorney's office before your status is updated online.
This is what my attorney had to say:
The USCIS online status system is maintained by contract workers and is often inaccurate.
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ananth_ramkrishnan
10-14 10:51 AM
I went for visa stamping in aug 2008 to mumbai consulate and was wearing a t-shirt and trousers. I did not have any problems and the person reviewing was cool and asked very simple questions and did not care for my dress.
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webpromo
03-25 09:50 AM
they gave the xerox copies of the passport , and hold my passport , I never heard any one in this situation , they are so stupid and racial ,and I don't think they make sense , read this this is real situation in US this is true , because I the victim of this
Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)
Guide to US Deportation (http://www.asifism.com/guide-to-us-deportation/)
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indianabacklog
02-24 12:57 PM
it was for visa stamping
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
Visa stamping is not necessary to remain in the US so wondering why a CPA would consider this a necessary work expense.
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Berkeleybee
02-14 01:21 PM
Thanks for that Iptel.
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
Will include it in our lawmaker materials list right away and incorporate it into our presentation as soon as I can.
best,
Berkeleybee
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learning01
04-06 10:28 PM
In the evening, problems: a meltdown over process.
Two issues:
1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.
Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.
Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.
2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.
Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)
Two issues:
1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.
Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.
Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.
2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.
Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)
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viper673
06-07 12:37 PM
Yes pending 485 at TSC.
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
The IRS can't produce transcripts older than 3 years.
There's a form you can fill out and pay $39/return and takes up to 60 days, but even on this one it says: "records older than 7 years may not be available as it's admissable by law that they be distroyed".
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sujan_vatrapu
01-22 02:30 PM
Why should we fight about every issue that is posted? Cant we debate it like mature people? This tendency to fight (and get emotional) over irrelevant issues will not help us any better.
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
i totally agree, we should always listen to people with different opinions which makes us more rational, i also agree with your point that we should not compare NRIs with general population here, parenting in every culture has its pros and cons, we should look at each of it and take out good,
Most of us in this immigration thread are academically oriented. And I believe that this can be attributed to the way in which we were molded in our early life. Most of our parents would stress academic excellence over athletic and artistic abilities. They made all our choices all the way to college and maybe beyond. They would always trump every argument with the statement, "We know what is best for you."
That said, I think the comparison between western and eastern parenting in US is not completely fair. The section of Indians & Chinese immigrants in US are educated and were probably at the top of their classes in their respective countries. They excelled academically and it helped them (us) immigrate and be part of the successful strata of this country. We cannot compare these immigrants with the Western population as a whole. We should compare eastern and western parenting techniques among parents with similar backgrounds.
Successful American families produce successful kids. This is also true for families of all races. Each set of parents have their own method.
Getting greencard is not everything. We have lives beyond the greencard. We have (or will have) kids and have a responsibility towards raising them to give them the best possible skills (academic, artistic & social) to thrive in their lives. And a mature discussion in parenting methods is useful.
I urge everyone of you to make your arguments and highlight relative merits & de-merits. You may also argue whether this discussion has merit or not. But no name calling.
Nag
i totally agree, we should always listen to people with different opinions which makes us more rational, i also agree with your point that we should not compare NRIs with general population here, parenting in every culture has its pros and cons, we should look at each of it and take out good,
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conchshell
07-29 05:39 PM
By now its almost evident that the CR's for retrogression, per country limit. and STEM related degrees are actually are not going anywhere. Understandably it was CHC (Congressional Hispanic Caucus) and republican leadership that blocked the road to legal immigration relief.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
Its almost beyond my analytical power to find out why CHC blocked our way? CHC treated us as hostages to get their demands. They were successful with their threat that either it will be amnesty to illegals or absolutely nothing.
So this though struck my mind: what is our stand as far as illegal immigration is concerned. Even though we may not support/recommend further illegal immigration, what is our stand on granting amnesty to illegals already living in this country.
So do we:
1. Completely oppose amnesty to illegals immigrants currently living in USA
2. Support amnesty to illegals immigrants currently living in USA
3. Support amnesty to illegals immigrants currently living in USA, as long as they do not stand ahead of legal immigrants in the queue.
4. Support amnesty to illegals immigrants currently living in USA, if CHC and other similar organizations support us for our much sought immigration reforms.
5. Only support Guest Worker Program type of thing, which allows people to enter on work visas and further backlog the employment based GC queues.
Is it going to help us if we shake hands with CHC and other similar organizations, if they support us? I mean if we can't defeat them why don't we join forces with them to get what we want. Please remember that legal immigration reform bills always try to piggy back on CIR (Comprehensive Immigration Reforms) type of bills where illegal immigration/amnesty is focal point of discussion, rather than other way around.
ItIsNotFunny
12-02 01:34 PM
Imagine if someone has a cancer and he goes to a doctor and doctor tries all kinds of medicines and it does not work. He does get some relief in the pain though. So do you think the patient should ask for refund for all the money spent?
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
Likewise broken immigration system needs to be fixed and everyone tried hard for one year. We did get some relief from our pain due to 2 year EAD and namechecks memo. But the cure/bill did not pass. So do you think it means we should ask for a refund? And do you think anyone will even talk to us in DC next time if we act so cheap for the $5s some of us paid.
Why dont you have the courage to ask your lawyer for a refund because you dont have a greencard yet. Can you do it? If not then I think it is irratational to even think about it?
You are right about doctor, patient... But I am not sure whether lobbyist did what they say they did. I am sure Core members are keeping track of their activities but zero output was quite disappointing. Some point of time it even makes me think that they were charging us for hours they spent in Starbucks.
Libra
08-10 02:58 PM
thanks another_one
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