belmontboy
12-02 06:39 PM
Hi Experts,
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Did he also mention that to qualify for EB1 you have to be from Mars? :D
The question i've is:
I heard from my Immigration Lawyer that,from November 01, 2008, any person who works in Information Technology (IT) and who has Advanced Degree from USA like Master's is eligible for EB3 Category only and not EB2 category. Please confirm if the above statement is true or not.
Thanks,
Abhi
Did he also mention that to qualify for EB1 you have to be from Mars? :D
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EkAurAaya
11-28 07:27 PM
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
maverick_neo
08-14 02:31 PM
Yes
Exactly why I want to wait for AP, fear of H1B visa rejection
Exactly why I want to wait for AP, fear of H1B visa rejection
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kunallen
01-18 10:23 PM
Hi, all,
I think my situation is a little complicated as follow: while I am still in F1 status and visa (2.5 months before graduation), one company filed I-140 petition for me on EB3(May. 2006), I applied for OPT EAD card and got it approved on Sep, 2006. Then my previous I-140 got approved on Dec. 2006. And now I am using my OPT EAD working in another company, and will start my H1B application with the current company soon.
I am wondering if the previous I-140 application with previous company affects my current H1B application with my current company? Since it was filed while I was in F1 status(even before OPT EAD approval), some said it is not allowed...
I am really concerned about this now... please advise ..
Many many thanks
Edit/Delete Message
I think my situation is a little complicated as follow: while I am still in F1 status and visa (2.5 months before graduation), one company filed I-140 petition for me on EB3(May. 2006), I applied for OPT EAD card and got it approved on Sep, 2006. Then my previous I-140 got approved on Dec. 2006. And now I am using my OPT EAD working in another company, and will start my H1B application with the current company soon.
I am wondering if the previous I-140 application with previous company affects my current H1B application with my current company? Since it was filed while I was in F1 status(even before OPT EAD approval), some said it is not allowed...
I am really concerned about this now... please advise ..
Many many thanks
Edit/Delete Message
more...
dixie
02-05 08:18 PM
USCIS cannot generate visas out of thin air, nor can it waive the per-country cap. Its job is to implement the law, not to make them. It does, however, have the ptoential to do a LOT of harm, thanks to its notorious inefficiency. It is a telling statement on our current sorry state of affairs that USCIS is the least of our concerns at the moment.
Sometimes I think that rather than writing to these politicians ,we should write to USCIS.This retrogression is caused by them.They didn't wait for any bill to be passed for this retrogression.There is no use of talking to politicians,they don't care.
I know that USCIS will not care either but USCIS did it out of nowhere ,till sep2005,everything was fine for them and suddenly in oct 2005,they put us in backward direction.Now after a year and a half ,we are at the same spot,waiting for the visa bulletin and staying depressed for a day or two after seeing it.
I don't know .I am so mad at everybody.
Sorry for the ranting.
Btw,i have already sent emails to USCIS and chicago tribune regarding this .
Sometimes I think that rather than writing to these politicians ,we should write to USCIS.This retrogression is caused by them.They didn't wait for any bill to be passed for this retrogression.There is no use of talking to politicians,they don't care.
I know that USCIS will not care either but USCIS did it out of nowhere ,till sep2005,everything was fine for them and suddenly in oct 2005,they put us in backward direction.Now after a year and a half ,we are at the same spot,waiting for the visa bulletin and staying depressed for a day or two after seeing it.
I don't know .I am so mad at everybody.
Sorry for the ranting.
Btw,i have already sent emails to USCIS and chicago tribune regarding this .
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h1b_slave
01-03 08:09 PM
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if IV feels it is not asking for too much in one bill.
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
more...
EB-VoiceImmigration
07-12 03:23 PM
Currently Active Users Viewing This Thread: 598 (71 members and 527 guests)
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Valle
10-26 04:32 PM
Thanks Paskal, I fully understand now with the example of the Scarlett Letter. I need to get busy and get another waiver then. Maybe I wasnt very clear on my first post about my stauts. I had had only a first J1 from 2002 to 2005. I wanted to stay so I got a waiver that time, and I tried to get a H1B, but I couldnt get it due to expired documents that I could not get renew from my country so my H1B was denied. Now some years later I decide to come back and the only fast way to come was with another visa J1. So as you explained I need to get my case number and start my process all over again. ONce I get the waiver I will look for a new sponsor and star the H1B process all over again. I cant be very open about this because if my present sponsor realizes that I am doing waiver and everything else I may loose my J1 because I signed a contrat to work for them for 3 years and then go back home. I think it is very unfair, but that is how things work around here.
Thanks so much for your advice. Good luck to everyone in this same boat!
Thanks so much for your advice. Good luck to everyone in this same boat!
more...
piyu7444
04-19 12:49 PM
You will get a letter in mail and then you should get all the documents listed there.............Also some of the items listed will make no sense to you as yours in Employment based GC and the letter is a standard letter which USCIS uses for family based gc also.....
It will also have one point that bring documents if you were arrested,convicted etc........dont get scared if you never got in trouble....
Prepare for the interview....read your job description which was used for LC and you should know if word by word as that was 1 question officer had asked me and I could answer it very well but was surprised that I was asked a question related to what technology I work and what are my job duties......
Good Luck. Everything will be fine and it will take 30-40 min max. :)
It will also have one point that bring documents if you were arrested,convicted etc........dont get scared if you never got in trouble....
Prepare for the interview....read your job description which was used for LC and you should know if word by word as that was 1 question officer had asked me and I could answer it very well but was surprised that I was asked a question related to what technology I work and what are my job duties......
Good Luck. Everything will be fine and it will take 30-40 min max. :)
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waitnwatch
04-21 02:18 PM
Do you realize that this thread is from 2006.
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
Hey folks,
The proposed bill to give green card to PhDS does not include all the PhDs. PhDs listed as STEM(Science engineering technology majors) are only eligible through this bill in current form. Graduates from pharmacy, medicine, veterinary medicine, animal science are not listed as STEM. I am sure there are many more majors not listed as STEM. I think we should write a letter to congressmen about this anomaly. And I encourage non STEM PhDs to represent their concern so that we can unite and represent our concerns to the congress men. immigrtion service department has listed the subject codes fall under STEM.
You have to browse through the following link to see code for your major. http://nces.ed.gov/pubs2002/cip2000/ciplist.asp.
once you know the code for your major you can go to http://www.ice.gov/sevis/stemlist.htm to check weather your program is listed there as STEM.
good luck
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sunelhulikere
07-31 11:07 AM
I am in the same Boat. My PD is May 26 2004. Mine and my wife's case was transffered to Des Moines Iowa on March 19th 2008 and says its for additional processing. I applied for EAD renewal on June 11th and no approvals yet. I called uscis and they say that my ead would not be approved until the additional processing on my 485 is completed.. I am guessing it would be an interview.
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mhtanim
10-06 06:51 PM
That's just it; isn't it. I'm here legally paying taxes, immigration and all that other good stuff. This last year many illegals who filed 2006 taxes and were awaiting refunds did not get the refunds due to their immigration status! Many things are on the change and when 4 of you are on TIN#'s it is easy to get pulled. What they audited us for was stupid totally illogical! Prove we were married, that the kids lived with us and we lived together in same house. That was it. Why would you file jointly if you did not live together in the first place. IRS office confirmed, then 2nd one re-confirmed it was flagged by INS and it wasn't even hidden well. So, that was August and we filed 07/05 the audit was for 2005 returns. They have all paperwork, but haven't heard anything back yet. That is a good thing too. I crammed every bit of evidence I could into that sealed file before sending it off. The officer who confirmed receipt of it was laughing harder with each turn of the 50 odd documents of proof that I had sent. She said I don't think we can deny that you live together and the kids live with you!!! Please don't worry about it. You should receive a letter in about 30 to 40 days with the outcome.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.
After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.
Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.
That is it and I shall wait for the letter to arrive signing it off.
Cheers,
LRIndy.
Working in the accounting/financial industry, I have to deal with the IRS time to time. From my experience, I can tell you that IRS care about their customers and if you say something, they will actually listen to you. Their customer service is actually pretty helpful.
After all you have provided them, if they still cause you more trouble, hire a local CPA and the CPA will work with you to resolve any issues with the IRS. CPAs are usually less expensive than lawyers.
Hearing your case, it sounds to me that your's was just a random case. I don't think they will bother you anymore. Good luck.
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pd_recapturing
08-28 08:14 AM
I am also in same situation. Two 140s (eb2 and 3) both have same PD. Have beed trying for interfile from last one year. I do not know if my case is eb2 or still in eb3. I enquired from Congressman and she told me that my case is assigned to a IO on 6th Aug so its in eb2. She is not listening to anything else after telling me this information. I have infopass on 2nd Sep. lets see ...
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vjone
04-06 03:26 PM
HOUSTON: A federal jury has found five people guilty of conspiring to obtain fraudulent work visas for nearly 90 Indian nationals in exchange for at
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
least $20,000 per visa, the US Attorney's Office said.
Mahendrakumar "Mack" Patel, 55, Rakesh Patel, 36, Alberto Pena, 38, Bernardo Pena, 38, and Marte Othon Villar Sr, 48, encouraged and induced the illegal immigration of Indian nationals in exchange for tens of thousands of dollars per visa, a statement from the US Attorney's Office said yesterday.
The jury found that Alberto and Bernardo Pena, twin brothers from Brownsville, along with co-defendants had encouraged and induced 87 individuals from Gujarat to unlawfully enter US on temporary H-2B visas, knowing that the Indian nationals did not intend to work for the company that was used to get visas for them.
The brothers also knew that the visa-seekers did not intend to return to India when their 10-month visas expired, a statement said.
Pena twins also travelled to India to assist the Indian nationals with the application process and visited and corresponded with the US Consulate in Mumbai.
Two other co-defendants -- Mack Patel of Ft Worth and Rakesh Patel, a Houston pharmacist -- pleaded guilty for recruiting Indian citizens who were willing to pay $20,000 to $60,000 in exchange for visas to enter the United States
Link : http://economictimes.indiatimes.com/articleshow/4359174.cms
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vbkris77
09-23 08:06 PM
i'm not campaigning for obama...... simply trying to set the record straight.....
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
the title of this thread implies that obama is not doing admin fix.... its not always about the campaign & votes, sometimes its about the truth and the truth is that republicans leaked the draft admin memo and wrote letters to oppose admin fix.... but now everyone here is blaming obama..... i'm simply defending the absent.....
most people pass judgments based on incomplete or incorrect headlines...... i'm merely saying that there is more to the news than just the headlines.... & this is related to immigration.... unless u think that the only valid immigration question is - when will i get my gc......
it's a fact that he favors unions more. If tomorrow unions say no to hispanics he would kick most out...
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TimeSaver
07-13 06:11 PM
Looking at all the things, it looks like August bulletin would be the best bet USCIS have with some cutoff dates but keeping the already filed apps.
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Naruto
10-05 07:15 PM
Is there a relation between immigration process (485) and IRS?
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
If a person owe money to IRS , does he/she have a problem with his/her immigration process? I'm not talking fraud ....! I'm talking owing taxes to IRS
The reason i'm asking is because some lawyer do ask for W2 forms, some do not. That means there is a relationship between immigration and IRS.I just have no idea how it works.
Thanks
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immi_twinges
07-14 06:47 PM
There are lots of threads on the same topic.
Its very confusing to follow.
We should combine every thing to a single thread
Lest be organised... Just because you can make a new thread just dont make it. Search before you make a new thread.
Be organized:) be prepared
Its very confusing to follow.
We should combine every thing to a single thread
Lest be organised... Just because you can make a new thread just dont make it. Search before you make a new thread.
Be organized:) be prepared
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485Mbe4001
07-31 07:01 PM
According to my lawyer, " dont worry, USCIS routinely redistributes cases between offices to adjust its workload." (confirm with your lawyer too)
sbind_77
10-18 10:54 AM
I got my FP done on 10/05. My 485 status changed from Approved to Initial Review on that day. I believe it's auto status change. I have my approval notice and Permanent Resident stamp on my passport. I booked infopass appointment on 11/01 to know inquire about this change.
karthkc
02-29 11:26 AM
please don't post information you are not sure of. unless employer withdraws H1 there is no way USCIS can know of this. (Employers are not legally bound to file for H1 withdrawal) Also I would like to know the source of your 'zero tolerance' policy in regards to H1. In fact they forgive upto 6 months of 'unauthorized' employment when processing I-485. (http://www.murthy.com/news/n_nscuna.html). If they wanted to have 'zero tolerance' they would have forced employers to withdraw H1 or atleast inform USCIS of layoff.
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!
Also you say "one should inform USCIS before I-485 is approved'. Again this is wrong information.
Please do not start fear mongering based on incomplete information.
This is not fear mongering. You DO NOT have a grace period for H1B termination as you do on F1-OPT or anything similar.
The right way to stay in H1 status is to get a transfer BEFORE the termination date on your H1B.
In reality however, USCIS may not look at it from a zero tolerance policy while ACTUALLY adjudicating the case. They may approve the transfer if the paystubs are "RECENT" enough or may send an RFE. The usual criteria for recent is two weeks or sometimes upto a month. Anything longer is at your own risk.
The 6 month period hoolahous refers to in the link is for "UNAUTHORIZED EMPLOYMENT" meaning working for an employer other than your H1b sponsoring entity usually the H1B petition is still valid. I believe that is not the case here.
If you would like to stay on H1 status, my suggestion would be to apply for a transfer with another employer before the end date of your current job.
If that does not work, you always have the option of using EAD to get another job, but in the meantime your status should be fine as you have filed for your 485 and you will be in AOS.
As always, check with an attorney for your specific situation and use your best judgement.
Good Luck!