shanti
08-03 10:36 AM
To be able to file EB2 the position has to belong to O*net zone 5. For instance if you are an engineer, open the link http://online.onetcenter.org/find/result?s=engineer&g=Go and click over the engineering that mostly suits you. If that position is job zone 4 then it is EB3 if it is job zone 5 then it is EB2. Then you have to check the salary for the area where you work, if your basic salary is superior to the minimum (level 1) of the position then you are fine.
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ImmiRam
09-13 02:31 PM
Excerpt from the IV Home Page:
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
"It is discriminatory to have laws that subject immigrants from 4 nations to more backlogs and the resulting hardship from such backlogs.
We do not allow employers to discriminate hiring based on their nationality or country of origin. Therefore, the employment-based immigration, which is a derivative benefit of employment, should also be free from rationing based on nationality or country of birth."
Based on abvove, my question is - can we take Legal route i.e move to courts ? or Immigration agencies are protected ?
LostInGCProcess
02-11 04:09 PM
I-485 RFE details.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
Needed evidences:
1. 2 Passport size photos in USCIS specs.
2. Form I-693 completed by civil surgeon.
We did submit all these requested I-693 and photos during the initial filing. My question is, does USCIS request for new I-693 if the original one submitted is older than one year or more?
Seems to me (I am taking a wild guess) USCIS must have "misplaced" the I-693 of your spouse. It is unfair to ask again to submit the I-693 especially if its going to cause another dent of $400 to your pocket. However, if the surgeon can issue another one without any charges and without any tests again, then go for it and re-submit.
Otherwise, call USCIS Customer care and inquire about it (as to why they are asking again for the medicals).
EDIT: This to answer your question "does USCIS request for new I-693 if the original one submitted is older than one year or more?"
The Rule is, Form I-693 must be submitted within one year of taking the medical examination.
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ita
08-13 08:08 PM
Even if your employer revokes (unlikely as he will have to bear legal expenses on an issue that he cannot win) your 140, it will have no effect. All you have to do is be ready with your new offer letter and maintain the labor wages in your new employment. In previous years desi companies used to reuse the labor by revoking the 140 once an employee quits. Now labor reuse also has been plugged by USCIS. You can peacefully go ahead and change your employment.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.
Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?
Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.
Thank you.
Any reason that you want to go back to your old employer? Why quit in the first place than...
I'm planning to go from consulting to Perm. If I don't like it I want to go back to Consulting. Would like to go back to the same employer as anyways my GC process is pending with him. Just trying to find out if I can keep that option open.
Will there be any issues if I use EAD to switch jobs and then decide to go back to the old employer?
Right now I've my H1 valid for 2 more yrs. If I use EAD to switch jobs my H1 will become invalid. Then if I decide to go back to my old employer what happens?Please advice me on this.
Thank you.
more...
chanduv23
02-14 03:58 PM
We want widespread support from all Physicians.
If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.
Please spread the message and get your organizations to participate actively in this campaign.
Please post you pledge for support on this thread
If you are a resident, fellow, preparing for USMLE, practicing, j1 waiver everyone, please join the IV Physicians group. We need a lot of support for this bill.
Please spread the message and get your organizations to participate actively in this campaign.
Please post you pledge for support on this thread
simon03
07-15 12:35 PM
I wish my company attorney could understand the basic ENGLISH instructions. Worst part, still doesn't admit his mistake and keeps pointing to the receipt issued by USCIS.
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
Btw, I took Infopass appointment and went today to ask what should I do....given USCIS has issued receipt notice
The officer responded similar to my attorney's response, stating given that USCIS has issued receipt, they are working on my appl and I may not need to send the fee..BUT he admitted that the fee was required..
In short, still not sure what to do....
more...
go_guy123
01-15 11:51 PM
Unless the country cap is removed from EB immigration - things will not change for folks from India.
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
Have you noticed that when it comes to giving amnesty, there is always a special clause that exempts illegals from country caps? Ever wonder why?
because most of the illegals are from a few handful countries mainly mexico
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greenmonster
11-30 08:05 AM
Hi,
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
I am on EAD with my GC sponsor, 485 pending - PD Dec2006. I was a Sr.QA Analyst while my Labor was filed. Those job responsibilities were submitted in labor along with generic titles like programmer analyst etc.
Now that I have planned a technology change, I am moving into SAP BI. As it is getting tough to get contract positions and lot of FTE opportunities. I am wondering what my options are. Having said that I am also anticipating my PD to be current in july/aug/sep 2011.
I was told by my employer that I could temporarily resign , take a FT with another company and join back within 6 months.
During this time they would continue with my green process.
In this situation while I am very close ( 6-9 months) for my PD to be current, what are my best options?
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
2. Temporary resignation and rejoining - is it really feasible?
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Please pour in your thoughts.
Thanks for your help.
Hello Guru's
Please help on this. Need your suggestions/ thoughts.
Thanks
more...
Munna Bhai
11-09 05:55 AM
Just a thought.... Don't waste your time with dishonest employers. I have wasted 2 years on my previous employer. I would have my PD 2001. My friend wasted 3 years. Now and me and my friend work for different companies, with very good relationship, having no problem interacting with lawyers or having our employers sign any paper CIS might ask. I had victim mentality until I realized that it's a market economy. You sell, your employer buys. If you don't like to deal with him, start looking for another "buyer". Don't rush. Find a good job, transfer your H1, and start everything afresh - I know it's hard, but that's a way to go. Don't be stuck to your employer for 5 years and later cry "my employer didn't want to apply for I-140, didn't give me latter for I-485", "my lawyer didn't respond to RFE, now I'm in trouble", etc. etc. CIS/DOL will give you enough headache even without employer's "assistance".
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
And, btw, I have waited 9 months for my PERM to be approved. No RFE, no nothing - just 9 freaking months.
I agree with Bestia but the only problem is finding a good employer and trusting someone. In this market everyone wants to take advantage of poor H1bs so kind of tricky to take any decision.
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ivgclive
03-11 01:05 PM
Hi, For some reason, their employment based insurance rejected their pregnancy coverage. Do you have a link that show that pregnancy is NOT a pre-existing condition in group insurances (Law website or any links?)
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)
Find out the reason why that "Employment Insurance" rejected the coverage.
My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.
Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.
her pregnancy is sometime around 6 months now and they will need insurance..
Thx for your help :)
Frequently Asked Questions about Portability of Health Coverage and HIPAA (http://www.dol.gov/ebsa/faqs/faq_consumer_hipaa.html)
Find out the reason why that "Employment Insurance" rejected the coverage.
My wife was enrolled into my employment-insurance only at 7th month (2006), she did not have 'pregnancy' coverage in her previous insurance. She was covered fully (from 7th month, I paid for the scanning, blood test etc, which was a total of around $1500 till then) for my second son.
Other options are expensive, will cost at least 10K-12K if you want to pay out of your pocket.
more...
smerchas
03-17 04:28 PM
Hi guys,
This is a strange one. I entered the US on my K1 visa about a month ago, so I have my I-94. The problem is, my future husband...we marry on 27th March, has just gone and got himself a fabulous job in Bangkok. I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months. We've spent the best part of the last year apart because of the damn K1 visa and I'm losing money, as I haven't been able to work (we were living in hong kong when we met). We are now both in Hawaii and I've been told I can work on the I-94, but that it expires and I need to apply for an EAD, which again could take months....so I'm stuck in the US, not being able to work, going stir crazy when my husband is in a different bloody country..!!
There has to be a way around this. We don't intend to come back to the states for a long time, but don't really want to abandon the AOS, as we'll have to go through all the visa process again. Has anyone had any experience writing an expedite letter for the travel permission..!!
This is ridculous...its like I've been kidnapped and cannot leave the US.....I'm outraged!!
Any help will be so much appreciated. Now, I wish my husband was not bloody american...hahaha. sorry people....!!
thanks
Smerchas
This is a strange one. I entered the US on my K1 visa about a month ago, so I have my I-94. The problem is, my future husband...we marry on 27th March, has just gone and got himself a fabulous job in Bangkok. I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months. We've spent the best part of the last year apart because of the damn K1 visa and I'm losing money, as I haven't been able to work (we were living in hong kong when we met). We are now both in Hawaii and I've been told I can work on the I-94, but that it expires and I need to apply for an EAD, which again could take months....so I'm stuck in the US, not being able to work, going stir crazy when my husband is in a different bloody country..!!
There has to be a way around this. We don't intend to come back to the states for a long time, but don't really want to abandon the AOS, as we'll have to go through all the visa process again. Has anyone had any experience writing an expedite letter for the travel permission..!!
This is ridculous...its like I've been kidnapped and cannot leave the US.....I'm outraged!!
Any help will be so much appreciated. Now, I wish my husband was not bloody american...hahaha. sorry people....!!
thanks
Smerchas
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chanduv23
07-09 12:48 PM
Interesting - CNN has Sanjay Gupta, Kiran Chetri etc... all highly skilled Asian Americans and still endorse Loo Doggs
more...
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snathan
04-30 12:28 PM
Not Yet...But murthy.com says they are considering to reinstate PP for I-140. Check murthy.com for more information on this
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sarika
07-26 02:13 PM
I got my receipt numbers for I 485,I131 and I 765.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
i got them by calling USCIS yesterday.
Mailed on:June 28th
Received date:June 29th at NSC
Notice date:July 23rd.
more...
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USDream2Dust
09-24 10:13 AM
but we received an RFE Yday forwarded from my old address which I moved out 1 year ago and filed AR11.
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
also the RFE stated that there is no G28 representation on our case and worst thing was online status is still pending.
We had lost 13 valuable days because of address they used in RFE.
Good Luck.!!
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Blog Feeds
05-28 01:20 AM
They say that America is the land of opportunity, and therefore, so many people desire to Immigrate to this country.
Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.
When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.
The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.
When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.
Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.
My 2 cents.
More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)
Amid the news of an upcoming General Motors bankruptcy, the recession is not showing any signs of retreat. During these tough economic times, many institutions are trying to do their share to ease up the pain. US Citizenship and Immigration Services is not one of them. For USCIS this is business as usual.
When one applies for a US visa, whether it is for a Temporary work visa or for Permanent Residency, there is a fee charged for the processing of the application. These fees paid to the government range between $300 and $1365, depending on the type of application. While this is expensive, it is acceptable so long as it represents the actual costs of the service provided. Yet, there is a growing school of thought that USCIS currently charging fees way out of line with the actual costs.
The government should not be profiting from the fees it charges for its services. Permanent Resident and Temporary Visa applicants should not be used as cash machines for the American government. The government will already benefit from their tax dollars as they contribute to the economy. It is not right to ask immigrants to carry more than their share of the burden of paying for the general operation of government. Especially in this economic crisis.
When the government earns profits from application fees, this amounts to a form of extra taxation. Yet while other taxes in America have to be approved by Congress, visa application fees do not, making them a form of taxation without representation, and this goes against the basic principles of our democracy.
Asking individuals to cover the cost of their visa applications is fair. Using these applications to earn profits and not make any concessions in this recession is not. Immigrants are important contributors to the success of the American economy. They should be treated with respect, and not taken advantage of. We are all in this boat together.
My 2 cents.
More... (http://www.visalawyerblog.com/2009/05/the_government_should_reduce_v.html)
more...
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gc_buddy
12-03 02:44 PM
I agree. We should continue our efforrts with IV, PD_recapturing, ItsNotFunny, NK2006 and Chanduv
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
I agree on this. In the past , murthy lawyers have also claimed to have successfull MTR cases but that hardly created any awareness among USCIS about the AC21 law that they are not supposed to directly deny AOS if underlying I-140 gets revoked. Although we hope its good news but I doubt that this is going to make any difference to any future AOS applications whose I-140 get denied.
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GreeNever
07-07 12:56 PM
Not to throw in too many variants, but how about when on EAD? Does an EAD alter the situation?
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SL%%
03-02 08:10 PM
Thanks SL & Lost in GC process,
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.
For the second one, seems like desi3933 answered your question.
Sorry for not being clear in C & D. I am in US. The question I meant to ask is about the the time that I am not physically present in US i.e. If I went for vacction in India for a month, can that one month be included in my H1B1 extension since I was not physically present in US. In other words I would file for 1.1 year extension as opposed to 1 year
One the same topic, a friend of mine got a three year extension post 6 years of H1B. When asked, his lawyer informed, if you have an approved I140 then you are elegible for 3 years extension as opposed to 1 year. Is this true. Can some refer to the right CFR's
Thanks
Senthil
For the first one, I don't think that is applicable. As to what I know it doesn't matter whether you left for 1 day, 2 mos or whatever, your expiration still stands and cannot be change. No rollover or so hence Sep. 07, 2009 still stands for you.
For the second one, seems like desi3933 answered your question.
nayekal
02-17 01:02 PM
Nayekal, Thanks for your response.
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
I can't answer this question.
I believe you should talk to your lawyer about it.
What I meant to say is that my H1 is expiring on Sep 30th 2009 and therefore the earliest date I can apply for extension is April 1st. That's why I asked the question whether I can wait until April 1st for COS from H1 to H4 for my wife even though my wife's employment is ending on March 13th.
Also, is it necessary to have the proof of I-539 receipt by March 13th or few weeks difference is ok? Can you please let me know your experience in this matter.
Thanks...
I can't answer this question.
I believe you should talk to your lawyer about it.
milind70
06-21 01:30 PM
thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
USCIS may take 4 to 6 weeks to isues you grant extension.
If you are going that route please apply it right away.
Or else take a trip down to canada.
People on this forum have done it .
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
You should apply I 539 before the expiry of the I 94.Application before expiry is valid.
USCIS may take 4 to 6 weeks to isues you grant extension.
If you are going that route please apply it right away.
Or else take a trip down to canada.
People on this forum have done it .
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