cbpds
06-01 07:00 PM
Cant agree with you more, the below request should be dealt with separately instead of been clubbed with other major issues( akin to legal immigration clubbed with CIR), will need Congress approval though.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
Request IV to highlight this issue separately as it will surely help a small section hanging between H1 and EAD, who are not in the "safe" zone.
There should be boat load of people who have their I140 approved and stuck. Irrespective of the population, it is important that this be addressed. They are one job away from loosing status. By issuing a 3 year employer independent EAD before a PR number becomes available is worthy cause. By this way, everyone in the pipeline knows that someday their paperwork will be cleared for good and until then they have the EAD to keep them going. The very fact that an I140 has been approved for a petitioner and the intent to immigrate has been approved, should allow the petitioner the temporary relief of having the choice to work and live little better. The the only thing that is preventing your status validated is the availability of Visa number, which is more of a procedural/legislative issue. So, hope this request is pushed in one or another form.
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gg_ny
11-06 05:14 AM
Employers need to have already declared whether their sponsoring of H1B's result in use of available numbers or exempted from it. They need to substantiate, I believe, with tax documents among other things. The applicant, or USCIS does not decide the category; rather, USCIS can deny an application if it deems an organization, and/or rarely, a position, is NOT 'not for profit': Eg. fully non-profit RD wing of a commercial company rarely gets
designated as non-profit and the H1B's are mostly within the cap.
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
designated as non-profit and the H1B's are mostly within the cap.
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
sheela
07-11 06:08 PM
I am in the same boat. I spoke to my Attorney and she says, it is not an issue. They will ask for finger prints when they start looking at your case.
FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available
FP is a definite requirement before AOS is adjudicated. No fp will delay decision. Remember 'low-hanging-fruits' once visa numbers are available
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sam_hoosier
12-14 10:35 AM
Munnabhai,
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
I have recevied I-140 RFE on all of the above u mentioned 1,2,3. i have 3 years degree.Labour doesnt match with edu.i am hpoing to get reject :).thats what attorney saying.
Why are you HOPING to get rejected ? :D
But if you expect to get rejected, you should get a new case ready and file as soon as you know for sure that the first one ha been rejected.
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learning01
05-24 01:44 PM
Good job.
http://www.tulsaworld.com/images/2006/060523_A1_Still55192_a1immigrant.jpg
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
http://www.tulsaworld.com/images/2006/060523_A1_Still55192_a1immigrant.jpg
Fantastic job Salil. The idea of the poster was simply fabulous.
Keep it up!
S.
snowshoe
01-01 09:00 AM
I just returned from my 4 days cruise with a stop at Calica, Mexico. Here is my experience with the Customs and Border Patrol officer at the Port of Miami:
I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.
After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.
(while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).
I wish all of us a very happy new year.
I told him that we had applied for green card and handed him the original AP approval notices. He went through our passports to look at our visa stamps. He pointed out that the Visa stamps in our passports had expired, he asked me if I still work with the same company, I answered "Yes" and handed him our new H1 extension approval notices. He looked at the documents (guess looked at name and validity dates) and then took all the documents to another officer.
After returning to his desk he justed entered some data into their system (I think our passport numbers) and told us we were good to go. He did not take our AP notices and did not issue new I-94.
(while embarkation the Carnival staff had looked at our AP notices and hence had not asked for our old I-94s).
I wish all of us a very happy new year.
more...
gc_chahiye
07-26 11:17 AM
I would file for 485, but maintain my H1, and bring her here on H4. A PD of EB3-March-2005 is not going to get current anytime soon, I would not miss out on the option to use AC21 to switch jobs...
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chanduv23
09-15 10:12 PM
the ones I meet in DC. The ones I currently have, who did not make it to DC in spite of being aware about it, will no longer have me as a friend.
SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.
SAME HERE - THOSE WHO HAVE STOPPED CALLING ME BECAUSE THEY ARE AFRAID I WILL ASK THEM TO THE RALLY WILL NEVER BE MY FRIENDS ANYMORE.
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san3297
11-12 09:50 AM
I am waiting for transcripts from india. Once i get them i will post them along with original certificates and fedex return envelope. Will keep posting updates regards to this.
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manishcp
10-03 11:26 AM
To: All
I have same thing "UNKNOWN"
What are the steps are you guys taking to resolve this problem?
I have same thing "UNKNOWN"
What are the steps are you guys taking to resolve this problem?
more...
txh1b
08-25 02:25 PM
The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
This doesn't mean much. The case is still being processed and is not a sign to rejoice or consider that your AC21 request has been accepted. The title isn't a big deal but the job description on labor and new job has to be same or similar.
I would be wary of your switch from a developer to a Manager and that qualifying for a AC21 under same/similar.
Where I work, what a developer does is significantly different than what an Architect or a manager does.
This doesn't mean much. The case is still being processed and is not a sign to rejoice or consider that your AC21 request has been accepted. The title isn't a big deal but the job description on labor and new job has to be same or similar.
I would be wary of your switch from a developer to a Manager and that qualifying for a AC21 under same/similar.
Where I work, what a developer does is significantly different than what an Architect or a manager does.
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ImmigrationAnswerMan
06-30 12:09 PM
Apollon:
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
As you pointed out in your original posting, to qualify as the equivalent of a masters degree, thereby allowing you to apply in the EB2 category, the 5 years experience must be gained after the BA. So your experience gained prior to getting the BA does get credited toward the BA+5.
Experience gained with your current employer can be used if another employer is sponsoring you. You do not have to be working for the new sponsor for them to sponsor you, since the PERM and I-140 are for prospective employment.
You said that this was for an engineering position. Not all engineering positions require a masters degree. In order to qualify under the EB2 category, the employee must have a masters or the equivalent, AND the position must have an actual minimum requirement of a masters or the equivalent. So just because you have a BA+5 does not necessarily qualify you for the EB2 category.
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deecha
07-26 09:21 AM
Hello everyone,
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
I got to know about this website recently and I wish I had known it earlier.
Anyway, I need advice/conformation
I got married recently outside the US. However, I did not come back with my wife b/c of a couple of reasons. And I cannot bring her here in the next 3 weeks. (My H1B is getting renewed...)
The company's lawyer is advising me not file for I-485 and wait till I become current again and apply with my wife then. (I am EB3 and my PD is March 2005)
After reading this web and others, if I go ahead and apply now the following are the choices that I have later. Please confirm if I am right or wrong
1. Get every document ready for my wife at all times and apply for I-485 immediately after I become current. As long as they receive her I-485 before they approve mine, she is going to be fine. She will be fine even if they receive her I-485 a day before they approve mine.
2. If my I-485 gets approved before my wife’s I-485 get there, under section 245(k), she has 180 days to send in her I-485 as long as PD is current. And there is no penalty and no other problem with this. She can stay in the country and wait for her I-485 to approve.
3. If I though that it was a grave mistake to apply for my I-485, I can withdraw it before it gets approved and reapply later with my wife’s when I become current again. No problem with this other than paying the fees again.
4. My wife and change her H4 to F1 any time she wants to as long as she goes to school full time. She could be on F1 and apply for I-485 when I become current (I feel uneasy on this one).
Please, let me know if what I listed above is right. These are the only choices that I have ready about. If there are more choices please, let me know that too. I have to make a decision by the end of tomorrow. Thank you all!
If I were you, I would file for my I-485 anyways and then get the wife in on H4, when the H1 extension was approved, as you would still be on H1 status (as long as you did not use the EAD). Have her I-485 ready and as soon as she comes back, send her I-485 in ASAP.
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asanghi
01-24 11:43 AM
I just can't believe how many times this topic has come up, and yet keeps coming up.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
We have had long heated discussions on this topic many times, and always come to the same conclusion and that is to push for filing I-485 without visa availability. This topis has so oft debated, there is no merit in kicking it up again.
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prmetta
11-23 04:05 PM
I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..
any help is appreciated..
thanks
:)
Easy method on a automated basis is ICICI.
https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.
any help is appreciated..
thanks
:)
Easy method on a automated basis is ICICI.
https://m2inet.icicibank.co.in/m2iNet/m2iNetLoginForm.jsp If you register through this you can set the Recurring Transactions. From the bank you set in there will go without interruption on a timely manner. My mortgages in India will go the same way.
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maacho
02-13 01:47 PM
H1B or not to Be is the question ?
join IV for the answers ;)
join IV for the answers ;)
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jasmin45
07-27 01:42 PM
what about H4? I believe no job description is required...rt? I mean once H4 gets EAD. Pls reply
After EAD is approved, H4 can work anywhere in any job.
After EAD is approved, H4 can work anywhere in any job.
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Anders �stberg
June 16th, 2005, 11:03 PM
Thanks for the interest and comments guys! I think I'll keep the pictures as is for now, they are dark but at the same time that brings a mood to them. Nik, your picture look a little bit too bright to me but it's a nice try. Maybe I could try some selective dodge to bring out the eye and some other details without brightening up the whole scene.
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Maverick1
09-26 12:25 PM
Hi All,
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
NSC received my I765 applications on June 21st. I am still waiting for my EAD. I have seen many people from NSC got their approval for the same time frame. Is there anypone in the same boat. Is this something I should be worried about.
Thanks!
I have been following the data for a while and I see a surge in EAD approvals. There are boatload of approvals from 9/24 and 9/25 (Some still pouring in).
If your case reached June21 (Not Jul 21st ?) , you can request an appointment at the local office and they can request a temp EAD card for you. Or since 90 days is over , you may call the 1 800 number.
Hi,
I filed (along with Wife and son) at NSC on july 2nd.
Got the Receiptts with Date Aug-28 for 485 for all of US.
Also Finished the Finger Printing on 25-Sep-2007.
When can I expect my receipts for EAD and AP?.
Anyone in the same boat?
Thanks,
alex...
AS I stated above there are quite a few approvals lately, but there are a bunch still waiting .
Question for those who got EAD and AP : Did your LUD on these applications change on line when your EAD/AP is approved ?
b.rich
06-06 12:19 AM
take it all offff... is azzy tryin to seduce us?;D jk.... nice job sofar, very colorful.
nogc_noproblem
10-23 08:50 PM
Thanks Vivek (Walking_Dude) for taking effort and arranging this. Nice meeting all of you at Troy.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
Interestingly, when we got introduced our self I found that couple of guys are from my apartment complex where I live for the past three years but never met them before. Another two guys from nearby apartments which are in walk able distance.
It is for sure that the State Chapters are good networking opportunity for everybody. Definitely it will help each of us one or the other way. Let us keep it going.
