joydiptac
05-14 05:02 PM
Ok. I understand that if I state Master's + 3 or 5 years experience for Software Engineer position I need to answer NO to H14 "requirements normal for the occupation?" because it exceeds SVP. Agree?
Now the question is does it automatically lead to audit?
In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW
Now the question is does it automatically lead to audit?
In the present job scenario. I am sure quite a few Com Sc MS people are without a job. So having no skill specially required for this position may not make the cut easily.
FWIW
travellertvr
03-22 01:38 PM
I entered in the US on November 30, 2009 with H1-B visa valid till September 19, 2011, but passport expiration date was January 3, 2010. Customs and Border Protection officer put January 3, 2010 expiration date on my I-94. On December 11, 2009 I received new passport valid till December 11, 2014, but I-94 date has never been changed.
I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.
The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.
According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.
Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
I�ve applied for Green Card in 2010, labor certification has been approved on July 26, 2010, I-140 filed on November 16, 2010. My priority date is June 7, 2010.
The lawyer I�m working with on my Green Card noticed that I was out of status in June, 2010. She suggested extension of H-1B visa. This was done, and my new H-1B dates are 10/18/2010 till 01/03/2013.
According to my lawyer, new H-1B returned me back in status and working legally in the US, but it didn�t solve the problem of being out of status more than 180 days. And if I leave US now, there will be 3 year ban to enter back.
Please advise if that�s correct and if there is any solution to this problem? If I leave US now, will I be banned 3 years to enter, even though my H1-B and I-94 now have all valid dates?
Amma
10-09 05:38 PM
I am in.
rbms
03-06 05:26 PM
Two responses
more...
aj1234567
11-21 05:52 PM
hi-
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
What will happen if 140 still penidng agter passed 6months 485 recipt date,can i cahnge the jobs in this situtation also
Thanks
Aj
meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
more...
senthil1
12-06 05:12 PM
If you are in L1 with Manager or Above category then you can file EB1. There are some more restrictions for this. Because you converted to H1B you may not eligible. Check whether you have any loophole for this. If you are in H1B you should have a PHd and job requirement should be PHd.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
Of course any persons like sports, Research, arts with international level skills also eligible. Those people are very rare.
There are two ways to satisfy the requirements for an EB-1-1 immigrant visa. The first is receiving a major, internationally recognized award. Fortunately for those who haven�t won the Nobel Prize yet, the second set of standards is not as difficult to achieve.
The INS regulations (8 C.F.R. � 204.5(h)(3)) require that a petitioner fulfill at least three of the following ten standards:
1. Receipt of a lesser nationally or internationally recognized prize for achievement in your field. This could include a medical fellowship, a Fulbright award, or a Caldecott award.
2. Membership in associations in your field that require "outstanding achievement" of their members. This standard is relatively vague. Associations that are open to all members of a given profession can be considered, but associations that limit membership to only the most accomplished members of the profession are certainly more valuable.
3. Material published about you in major trade publications or other major media. The material must concern your work in the field. Publications could range from journals specific to your field, like The Journal of Otolaryngology, to major newspapers, like The New York Times. You are not limited to print; a story about you on "60 Minutes" might also fulfill this requirement.
4. Serving as a judge of others in your field either individually or on a panel. Sitting on the Nobel Prize Committee would fulfill the requirement, as would participating in the peer review process of a scientific article or acting as a member of a thesis review committee.
5. Original, scientific, scholarly, artistic, athletic, or business-related contributions of major significance in your field. This standard is wide open. Basically, the INS will base its judgment of your contribution on the letters of support that others in the field submit. So letters from recognized authorities in your field who consider your contributions original and significant will satisfy this requirement.
6. Authorship of scholarly articles in your field. This refers to articles that you wrote concerning your work rather than material written about you by others, as is the case with standard 3 above. Again, the publications can range from major trade journals to mass media. Although the regulations refer specifically to "articles," other forms of publication such as visual media should fulfill this requirement.
7. Display of your work in exhibitions or showcases. The regulations do not mention how prestigious the exhibition must be.
8. Performing a critical or leading role for organizations that have a distinguished reputation. This could be acting as curator for the Metropolitan Museum of Art or serving as an essential researcher for an important laboratory.
9. Commanding a high salary in your field. The regulation requires that your salary or remuneration be high in relation to others in the field, so a teacher need not make as much as a professional football player.
10. Commercial success in the performing arts. This can be demonstrated by box office receipts from your films or plays, sales of your record, or selling your video documentary to a network for a notable sum.
Satisfying three out of the ten criteria does not guarantee that the INS will grant you EB-1-1 classification as an alien of extraordinary ability. The INS looks for quality as well as quantity. As in so many other aspects of immigration law, comprehensive documentation of your qualifications is all important.
eilsoe
10-20 07:51 AM
What makes Painter different from Photoshop?
I've never tried/seen Painter before...
Any odds'n ends in Painter that Photoshop doesn't have?
I've never tried/seen Painter before...
Any odds'n ends in Painter that Photoshop doesn't have?
more...
glus
12-08 10:50 AM
I think AP can also be mailed to a person who is not in the U.S. If that's the case, you could re-apply for AP once your old expires. Please verify with an attorney.
meridiani.planum
07-30 06:24 AM
I have a unique problem with possibly getting a green card too early. Please let me know how I can make this situation better. My priority date in EB2 India is in Jan 2006, which means potentially I could get my green card in 2-3 months.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
I plan to get engaged in December 2008 and married in December 2009 to an Indian born Australian citizen. As far as I can see, her chargeability would be from India.
What are my options to make my life easier and to be able to successfully bring my future wife to the US the easiest possible way. So far, I have 2 options:
1. Use the special E3 work visa for Australian citizens.
2. If I dont get my GC within the next few months, do an early court marriage and invoke the following-to-join spouse when she is ready to come to the US.
If you follow #1 while you will have your GC immediately your wife will need to maintain her E3 visa until your PD is current again.
more...
ksairi
08-17 02:06 PM
Most folks here would have used a lens to double check their APplns before mailing it.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
If your friend wants to know ask him to join IV , why are you proxying for him > He shud be more worried than you. Pls talk to a professional lawyer on this situation, I am sure none of the folks here can advise on this,
If you do not know - that is fine , you should not confirm that no body in this forum can answer that.
Every body knows that lawer can advise, who ever browisng this forum they are browsing for the cause if any body know it they can answer right.
My friend - infact he his my room mate got an appointment with attorney after two weeks , becuase of the rush until 17th August, even he can able to contact the attorney over the phone.
He has requested me to post and search in the forums to get any possible answer before 17th so that he can re file . but the now that option is closed.
He his very busy with few productions issues at the site and he can not browse few sites from his office- including this immigrationvoice. he is already a member of this forrm, I am just trying to help him.
If you can not help your roomtae - how can you volunteer to unknown Immigration voice members.
Please don't give this kind of suggestions- every body knows. we are here for the cause. If you don't know that is it queep quiet. try to do research try to help if you willing for the cause. Ok.
thomachan72
01-05 05:02 AM
@sanju_dba - Sorry to disappoint you. We did think about making a documentary, but in the end we all figured that a lot more people might be interested in a narrative feature film. Perhaps we are wrong, but it was just a decision that our team collectively made.
@waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.
Thanks again for the comments.
I am sure everybody here will watch this one and hopefully we can get some senators also to watch this. Its great that you actually did this before somebody on the other side made a movie.
@waitingnwaiting - Thanks for your honest feedback. You are right about a lot of things. All I can say is, I've been in this country for over 10 years still waiting for a green card like a lot of people. I just wanted to do something to make more people aware of the issues. I'm passionate about film making so I figured way I can do it is to make a film about stories based on my personal experience. Now, I don't know how the audience will perceive the film or if it will change their mind. But one thing's for sure, we all have given our best to this film and attempted to tell stories that have affected our lives.
Thanks again for the comments.
I am sure everybody here will watch this one and hopefully we can get some senators also to watch this. Its great that you actually did this before somebody on the other side made a movie.
more...
clockwork
02-02 06:51 PM
I do not know anyone personal. My company uses fragomen and the lawyer assigned for my case sounds knowledgeable.
GoGreen
07-18 10:39 AM
Yes, You need to file it along with the receipt notice so that they can associate it with your 485.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
Thanks, So the bottom line is, you cannot apply for an EAD without a I485 receipt, but you can apply for 485 and EAD together.
more...
som_yad
08-15 05:12 PM
Just for curiosity. Which service center your 140 was applied. and is it EB3 or EB2 ?
johny120
08-24 08:52 AM
So just to be clear:
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
What most of you on this forum are suggesting is that I should apply for EAD/AP right away and also maintain my H1.
Do I need to go through my lawyer to apply for EAD/AP or I can apply it on my own? What is the USCIS fees for the same?
TIA
more...
Dhundhun
11-30 02:13 PM
There are cases getting RFEs for photos / even if photos are sent, for not sending letter explaining reasons for AP and for not sending copies I485 receipts.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
There are several approved cases without letter or I485 receipts.
But when I did paper based AP renewal, I made a packet of the following and recommend making similar packet:
Packet with top right (application for AP A#...)
.... I131 Application
.... Envelop (on cover describing that it contains photo and check)
........ Two pictures with name and A# on back
........ $305 check in favor of U.S. Department of Homeland Security, USCIS
.... Copy of I485 Receipt Notice
.... Copy of previous AP
.... Photo Ids (all)
........ Copy of Biographic Pages of Passport and
........ Copy of DL and
........ Copy of EAD
.... A Letter stating reason for AP, expecting delays in GC due to swing in PD, nine years of wait.
Refer to http://immigrationvoice.org/forum/showthread.php?t=18737 at the end of first post also.
In this approach, there is little chance of getting RFE due to missing items and photos also will remain safe inside the inner envelop, until required.
Update: Received both APs in less than 2 months.
lostinbeta
09-05 02:26 AM
I agree that it is trendy, but sometimes it is fun to mess around with trends, learn them, then edit them in your own way.
I don't follow much tutorials. Pretty much everything I use in my images are self done. I probably end up doing it the hard way, but oh well.
I don't follow much tutorials. Pretty much everything I use in my images are self done. I probably end up doing it the hard way, but oh well.
sys_manus
01-28 09:48 AM
I can understand the amount of anxiety and stress you must be undergoing... Especially with EB3 future in near term looking bleak. I sometimes feel its is kind of very unfair for people in EB3 boat. Try EB3 -> EB2
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
As they taught in survival school.. improvise.. improvise with what ever you have. Instead of looking at VB and feeling dismayed start looking around you.. tools you have the means you have.
When it happens it happens... do whatever you can do and leave the rest to take its course. Don't worry about things you don't have control on.
Life goes on...
PS: Ignore any smartA replies... they just aggravate you sense of feeling bad.
I am an optimist. A hopeful person. I like to and want to see the positive side of things. However, the current political climate and economic state of the nation makes me skeptical.
Much has been said and (not) done so far about immigration reform. The murphy's law half of my brain is starting to get queasy. I've been in this mess for 6 years now and dread the doomsday scenario that immigration reform doesn't go through this year. If it does not, I think we're all completely effed up for the next 3-4 years, at least until after the next elections. I hope to be wrong on this, by a long shot.
My question to some of you is - what will you do if skilled reform doesn't happen this year?
My career has been stagnating, rotting away almost. I've been working on a startup idea in my spare time for a while now. Of course, these sort of ventures need time and full-time effort to take-off. I have often entertained the thought of leaving my job, returning back to India, or finding some way, by hook or crook, of doing my own thing, and reviving my career. Having lived here, first as a grad student, and now as a wage slave, for the past 9 years, returning is not an easy option. If reform does not happen, I don't see anything but darkness for a pretty long time.
What will you do?
TomPlate
01-09 03:29 PM
All will become current. Donate guys.
Dhundhun
10-24 01:55 PM
Rates vary for 4 months, 6 months and 1 year return tickets. Decide as per your convenience.
Why someone would give red dot for this?
I think, site is being attacked by terrorists, want to annoy everyone. Admins, find out guys and take appropriate actions.
Why someone would give red dot for this?
I think, site is being attacked by terrorists, want to annoy everyone. Admins, find out guys and take appropriate actions.
No comments:
Post a Comment