IAspire
02-20 11:54 PM
Hi All
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
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santa123
06-21 09:27 AM
I think they are probing link of your Civil Engineering and Computer Analyst job. They are looking for specific computer oriented language courses that show you have formal education in that and that should corraborate your work experience letters. Its well known that getting EB2 for computer analyst etc oriented jobs is getting difficult. They are now questioning more and more as to why analyst oriented jobs should require Masters and #2 they are looking for links between Civil Engineering education and Computer oriented job that you are trying for.!!!
All the best.
Best Regards
Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
All the best.
Best Regards
Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
add78
10-02 09:48 AM
This is a little tricky.
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
A person is in a valid H1-B status when
1) He/She is a full time employee of the Sponsoring company AND
2) Receives regularly scheduled (can be weekly/bi-weekly/monthly) salary from the same sponsoring employer which exceeds the amount mentioned in the LCA filed.
Thus, the H1-B status depends on first, an ongoing and current (a.k.a. valid at given moment) employer-employee relationship that satisfies 1) and 2) above.
#2) above is a criteria for #1) above. The employment (a.k.a. employer-employee relationship) is the primary basis (#1) which is "fulfilled" by the regular salary (#2).
In case of a lay-off, the severance pay is determined by the company policy (BTW company cannot discriminate the severance criteria between H1-Bs and GC/Citizens), so the severance could be given to the "laid-off" employee in subsequent regular paychecks or a lump sum amount, depending on company policies.
But, the very fact that he/she will receive severance (no matter over next few regular paychecks or one time payment), implies the "severed" Employer-Employee relationship, which in turn makes the person "NOT" in a valid H1-B status. However, USCIS will give the person some leeway at their discretion to find a new employer who will sponsor his new H1-B (There is no such thing as H1-B transfer, every H1-B is a new application, it's just that the person will not be counted in the cap if he/she has already been counted)
Therefore, in a lay-off situation, it is always better to start to look for a new job with a new employer that will file H1-B for the laid-off person ASAP. The longer you wait, the more you jeopardize your status.
Hope This Helps.
If my answer helped you, please consider donating to Your Own Cause, i.e. IV.
IV = I+We
2011 Lulu, Final Fantasy X
austingc
07-02 03:19 PM
Folks,
How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?
My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
The flight (emirates) lands at 3 or 4 am.
Also, any recomendations for Hotels ? Ideally near the railway station.
Thanks in Advance !!
Regards,
try agoda.com. I always book through them and cheaper than yatra and makemytrip. Sometimes agoda's price is higher than yatra so you have to compare. Just choose a hotel and then compare the price with these three websites. In the last 2 years I Booked hotels in chennai through agoda at least 6 times and everytime the price was atleast 500 to 1000 rs cheaper than other websites. I am talking about 3 and 4 stars.
How are the taxi charges from Chennia airport to the town or station ? Do the drivers charge whatever they feel like or is it controlled?
My parents are leaving back from the US and will be landing in Chennai, they are not from Chennai....so not sure if I should try to book a taxi before hand...or the charges are controlled ? Also, do they have something like pre-paid taxi ?
The flight (emirates) lands at 3 or 4 am.
Also, any recomendations for Hotels ? Ideally near the railway station.
Thanks in Advance !!
Regards,
try agoda.com. I always book through them and cheaper than yatra and makemytrip. Sometimes agoda's price is higher than yatra so you have to compare. Just choose a hotel and then compare the price with these three websites. In the last 2 years I Booked hotels in chennai through agoda at least 6 times and everytime the price was atleast 500 to 1000 rs cheaper than other websites. I am talking about 3 and 4 stars.
more...
gotgc?
08-13 10:49 AM
bumping...
neverbefore
08-16 02:40 PM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
My experience at H1B stamping was that they canceled all my previously stamped visas and wrote/stamped "CWP" or "Canceled without prejudice" on them
more...
pa_arora
12-03 05:45 PM
Don't get excited too soon :)
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
I saw the following message when I logged into the USCIS case tracking system.
* Note on "Last Updated" date:
Your case may have a new "Last Updated" date and you may receive an Email Notification of your case being updated, without the status of the case changing. This is due to internal USCIS processing being performed on your Case. This will be reflected in the "Last Updated" date, but may not result in a different status message.
lol...where do u see excitement in my post? i know its atleast a year for me to see some green.
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EndlessWait
08-03 04:23 PM
i would also like to know..i think its doable but one has to withdraw the old 485 and can file the new only if the PD is current.
more...
redcard
03-03 01:42 PM
USCIS has withdrawn the 180 name check pending policy for name check.
http://www.immigration-law.com/
http://www.immigration-law.com/
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imh1b
07-30 12:15 PM
Every lawyer is a businessman. And every businessman has a success story to tell to advertise himself. And you are unknowingly doing viral marketing. Look up on Google what viral marketing it. Has any of these lawyers done viral marketing of IV or greencard backlog action items on their forums and newsletters? So why are you advertising them? You go around town asking lawyers if they did any case successfully Showing a Valid Employer-Employee Relationship. And you will mostly get Yes answer so that they get more business. So why promoting only one lawyer.
more...
snaidu
02-12 01:29 PM
How do cases get assigned to NSC or Texas?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
Is it possible to file 140 at a particular center? or is it based on jurisdiction etc?
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immiadvise
12-30 03:11 PM
hi All,
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
i'm new to this forum.please advice on my situation.
I was on F1 earlier and now I am on H1b from jan 2007.
I am the first person for whom company filed H1B and got approved.
I am the only person on my companies payroll and only person on their H1B. Is that going to be a probelm if i go for H1B stamping to mexico?
If i go for stamping to mexico, What sort of questions i will be asked?
Please help me ...
Thanks
more...
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Anders �stberg
June 2nd, 2004, 12:11 PM
A little update; I was asked to send some of these pictures to Sveriges Ornitologiska F�rening (main ornithological society), and the pics are now on their home page (http://www.sofnet.org) with a short story (http://www.sofnet.org/index.asp?lev=2125&typ=1) . No biggie, they accept user contributions, but flattering just the same. I can now sort of say I've been published! :) Maybe the link to my home page can lead to something (uhh, no pun intended).
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lostinbeta
10-05 01:12 PM
Hey Ilyas. Thanks for the compliment:)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
I think Black, Grey, and Orange are like the best colors together. It is actually the color scheme I am going for on my next version of my site. Oh yeah, and I give you permission to steal anything from me Ilyas:) (that is unless it is personal property)
more...
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natrajs
09-03 10:09 PM
My Fall classes are starting on Sep 8th, after that I am planning to meet International Student Association people. If the event is planned on eve then I will be able to attend
Let me know
Let me know
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f_b_2007
07-19 12:38 PM
Btw, NBC might not do anything with it at all, but NSC on the other hand might..
PS: I know its a typo, so just kidding here..
Oops! ;-) yeah... dont think NBC will care much about my EAD :D
And yes.. i want to get EAD asap! ... I read it starts counting from the moment it gets to NSC.. but different versions abound..
tnx.
PS: I know its a typo, so just kidding here..
Oops! ;-) yeah... dont think NBC will care much about my EAD :D
And yes.. i want to get EAD asap! ... I read it starts counting from the moment it gets to NSC.. but different versions abound..
tnx.
more...
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buehler
04-30 11:38 PM
eyeopeners,
Make sure that you work for your new employer only on a h-1. That way your spouse can be on h4. As for using AC21, in your case it is for continuing your I-485 processing and not for working for a different company. Make sure that you file your wife's 485 as soon as your dates become current. Hope that clears your doubts. (Also Don't use your email id as your user id. That is a sure shot way of getting plenty of spam)
sundarpn, you don't need any documents from your previous employer to file your dependent's I-485.
Make sure that you work for your new employer only on a h-1. That way your spouse can be on h4. As for using AC21, in your case it is for continuing your I-485 processing and not for working for a different company. Make sure that you file your wife's 485 as soon as your dates become current. Hope that clears your doubts. (Also Don't use your email id as your user id. That is a sure shot way of getting plenty of spam)
sundarpn, you don't need any documents from your previous employer to file your dependent's I-485.
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Jaime
09-06 04:14 PM
Not only India, also Britain and many more want to benefit from the high-skilled workers that the U.S. is already kicking out so they can let in more illegal Salvadoran maids:
"UK Plan to boost immigration from India"
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India
"UK Plan to boost immigration from India"
http://www.hindustantimes.com/StoryPage/StoryPage.aspx?id=315176ec-5112-45fd-8a32-fe2c2ec6f027&ParentID=8494411a-1803-4f2f-9dfd-458359027dc2&&Headline=UK+plan+to+boost+migration+from+India
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stucklabor
03-11 12:12 PM
Thanks buddy. That was the answer I was looking for.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
No probs, we owe as much for all the hours you have put in with the EB number analysis.
But why don't you still talk to your lawyer about the blank line 14? In my case my educational qualifications were listed and so on.
nixstor
12-02 10:30 PM
This is not an AD moron. I am not looking to hire anyone. I am asking about NON-IMMIGRANT VISA advice. Since the forum is titled Immigration Voice > Immigration Information > NON-IMMIGRANT VISAS, I don't think my post can be THAT far from the right section.
WTFever,
This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.
www.murthy.com
www.immigraton.com
www.immigration-law.com
HTH
WTFever,
This forum is intended for Highly Skilled Immigrants who are on Non Immigrant visa and are caught in the green card log jam. Discussion topics here are predominantly related to Employment based GC. You might not get a CORRECT answer here as your situation is not some thing common for people on this forum. You should talk to a lawyer and get advice for your situation.
www.murthy.com
www.immigraton.com
www.immigration-law.com
HTH
paskal
12-08 11:31 PM
Dear friends,
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
We are hoping to here from members in MN, there is much to be done yet...let us build on the energy from these last days.
Please visit the Chapters thread in the members only area and post your info and ideas in the MN chapter thread. Thanks!
OR use this thread if it is just more convenient....
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