kaisersose
12-07 11:54 AM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
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rajbgp2002
12-22 05:56 PM
If a person has filed I-485 at least 6 months back and got laid off from job,
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
How much time does the rule permit to find another similar job and use AC 21.
Is this similar to H1B grace period or say no grace period.
thanks
kingkon_2000
04-16 09:56 AM
Hi folks,
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Congratulations to you and family... seems like things are moving forward for us... Really happy for you...
Just got back from UK on Friday after a month of family time, medicals and our embassy interview! Wanted to let you all know that we were approved and happily back in the US!!
Congrats on the latest admin wins and movements in campaigns/projects. I wanted to say a huge thank you but not farewell to the many kind folks who kept my spirits high in the short time I have been with IV:
abhijitp, needhelp, digital2k, paskal, gsc999, waiting4gc, pappu, chanduv23, santb1975, nolaindian32, walking dude, ja1hind, logiclife and many more. All of you rock and America is very lucky to have such genuine and brilliant people like you. I wish you the very best for your own journey.
I will be around for sure, just have to concentrate on securing some work and life for a bit, finally!
my best :)
Congratulations to you and family... seems like things are moving forward for us... Really happy for you...
2011 Member of Bohemian Grove
wildcat1313
03-30 11:32 PM
Client lawyers have advised against it. So vendor can't do anything. I'm still trying to see if they can fax it directly to the consulate or send it in seal envelope to them
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
Everyone from HR Head to Technology Heads are involved and are doing the best to help me. And then I'm just a contractor whom they can always kick to the curbside.
more...
jasmin45
02-26 01:20 PM
If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
This is correct as per my understanding. As soon as your GC is approved you will need AP to re-enter US. IO at POE will have the information about your approved GC. I do not think he will allow you to enter on H4 after the GC Approval.
This is just my understanding. Check with a attorney to get precise information.
shana04
08-30 01:32 AM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
change employer and if he has not paid then complain him to DOL.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
change employer and if he has not paid then complain him to DOL.
more...
neodyn55
07-30 11:45 PM
If you don't know the answer, please don't reply. Just because this person asked about getting GC through his/ her baby, it does not mean the person is here illegally or if even this person is in the US. I friend of mine died in an accident in Mumbai and he is survived by his wife and two kids (the kids were born here in the US). His wife asked me the same question and after asking my lawyer, I had to tell her that there is no way she can apply for GC through her children unless her children turn 21.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
Oh don't be such a sourpuss. This is an internet forum, and the last I checked, there was no forum rule stating replies had to be relevant, to the point, and incredibly boring. What are you, a Hitler wannabe? No one's holding a gun to your head and forcing you to read the replies anyway. If it's that important, then the OP should ask a lawyer instead of posting in a free internet forum.
Lighten up.
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rnvd
10-31 10:10 AM
Hi Ramba,
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
The POE offier given I-94 based on the visa expiry eventhough i showed new H1b approval. I told office i am working for this new company.
more...
Lisap
02-25 02:50 PM
It says Nebraska is working on July 2007 does that mean they are that much ahead of Texas or are those numbers incorrect as well?
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Green.Tech
08-05 10:42 PM
HR policy says this....
"An employee who resigns before completing one year with G Inc from the date of obtaining the Green Card or during the application process will have to pay USD 7500 towards reimbursement of processing costs"
I am leaving them using AC21.... but I am paying this money...
I suppose its valid contract....
why mess-up you Labor......
Thanks for your comments. In your case, they are asking you to stay for at least a year after they begin your GC or else reimburse unlike other companies that say that you will have to reimburse no matter when you decide to leave the company.
I do understand the fact that there are contracts out there but my points are:
1) Can the company ask us to reimburse them for the labor cert fee (via a contract) - application and legal, especially since DOL requires the company to pay those dues?
2) Can the company ask us to reimburse them for ALL fee including application fee, which again is something that they are responsible for?
"An employee who resigns before completing one year with G Inc from the date of obtaining the Green Card or during the application process will have to pay USD 7500 towards reimbursement of processing costs"
I am leaving them using AC21.... but I am paying this money...
I suppose its valid contract....
why mess-up you Labor......
Thanks for your comments. In your case, they are asking you to stay for at least a year after they begin your GC or else reimburse unlike other companies that say that you will have to reimburse no matter when you decide to leave the company.
I do understand the fact that there are contracts out there but my points are:
1) Can the company ask us to reimburse them for the labor cert fee (via a contract) - application and legal, especially since DOL requires the company to pay those dues?
2) Can the company ask us to reimburse them for ALL fee including application fee, which again is something that they are responsible for?
more...
reddog
01-31 12:31 AM
YOu will have to wait till your PD gets current.
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centaur
02-09 08:39 AM
I brought this up in July 2006, about atleast filing a class action lawsuit, even if its thrown out of court, we have attention of the news media. Being a taxpayer we are entitled to use the court system. But, at that time I was practically boo-ed of the website to the extent, that I erased my comments and stopped coming to this website.
If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.
Grounds:
1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.
But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.
2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.
These are two very big grounds, another would be taxation without representation.
I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.
I think it will also bring CIR to debate sooner.
If we are in this together, I still think its possible. We talk about media attention, this is probably the best way to do so.
Grounds:
1) Discrimination based on country. I know about 7% quota, but a judge can put a hold on quota or refer it to more stidies or throw this issue. We dont know what the judge will think, its highly stupid for us to assume, that he will be against us from the start.
But it will get media coverage and media will definitely comment on numbers of indians/chinese and simple ignorance of whoever came up with this quota. And also the fact that these are doctors, engg stc and in high tax-brackets.
2) Emotional trauma, spouse not able to work and such. Thats a human rights issue, which is even bigger than immigration. It will start another debate.
These are two very big grounds, another would be taxation without representation.
I know immigration is a privilege, butas long as it gets media attention and average american starts realizing the difference between legal and illlegal.
I think it will also bring CIR to debate sooner.
more...
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flipflop
12-03 04:23 PM
there are lot of threads abt this topic. search it.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?
Can you go out of US and come back before previous AP expires?
What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?
Thanks and appreciate any replies.
read form I-131 instructions, where it clearly says, AP appl. is considered abandoned if you leave US before its approval. this is for sure.
How about a case where AP renewal is pending and previously approved AP has not expired?
Can you go out of US and come back before previous AP expires?
What happens when you are out of US on previous AP and "AP renewal" is approved? Is that considered abandoning I-485?
Thanks and appreciate any replies.
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monkeyman
02-26 11:26 PM
If you have filed for I-485 and you have your receipt # (starting with LIN) and you have a copy of the encashed check or the proof of the financial transaction (could be you, your employer or lawyer) and the online status says I-485 Adjustment of Status pending, then you have nothing to worry about. If you had moved or changed your address it may have been misplaced. But you have nothing to worry about if the checks are cashed and you have the Receipt #.
more...
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nishant2200
04-08 04:10 PM
I think they moved very cautiously because of porting. Porting seems to be much more serious than we all thought maybe. Also as well as since it's just may, they traditionally don't open floodgates until late.
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mps
09-27 05:56 PM
this topic is interesting....i do buy/sell stocks usin zecco / BoA etc...which are sites where i can do day trade..im interested to venture into it...
suggestions??
If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !
(Don't trade with money you need for housing, food, & clothing)
suggestions??
If you are trying to trade based on last tick (as most of the day traders do) then online brokerage us useless for you ..consider direct access trading services ..Goodluck !
(Don't trade with money you need for housing, food, & clothing)
more...
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tabletpc
11-29 02:48 PM
Guys,
Can anyone help me with these information..
1. To whom should we write the check for the applciaiton fee..??
2. The applicaiton forms give the amount in canadain dollars, should we convert that to US dollar and make payment or any other options.
3. The aplication needs to be sent to buffalo right...?
I did get some informaiton online..but kind of confusin. So thought of getting it clarified here...
Thanks in advance...
Can anyone help me with these information..
1. To whom should we write the check for the applciaiton fee..??
2. The applicaiton forms give the amount in canadain dollars, should we convert that to US dollar and make payment or any other options.
3. The aplication needs to be sent to buffalo right...?
I did get some informaiton online..but kind of confusin. So thought of getting it clarified here...
Thanks in advance...
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cjain
11-13 03:10 PM
From the Aytes memo:
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
Question 1
How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer:
If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-485 that has been pending for 180 days or more, the following procedures should be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on it’s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If a request for additional evidence (RFE) is necessary to resolve a material issue, other than post-filing issues such as ability to pay, an RFE can be issued to try to resolve the issue. When a response is received, and if the petition is approvable, follow the procedures in part A above.
Hope this clears stuff up. RFE's are generally issued for ability to pay issues. If all's clear on that front, there should simply be no issue
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seba
09-24 03:29 PM
GreenTech, that's a good question. I am considering to transfer to offices in Asia or Europe next year and then attend B-school in the US after 2 years. That way, once I graduate, I will also at least have the option to get another 6-year H1 in the US.
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
thepaew, thanks for the advice. I have been thinking about this for a while, and my options are:
1) Start the GC process now and wait until I get the GC. Then think about B-school after I get the GC (I am not interested in part-time programs).
2) Forget the GC process and transfer to Europe or Asia next year and then attend B-school in the US after a few years.
Personally for me, having an MBA in 5 years is more valuable than having a GC in 5 years, so I am leaning towards option 2 above. However, if I don't get into B-school, then that's another story... I would probably transfer back to the US on L1 and start the GC process. At that point, I would apply under EB2 anyway with my Bachelor's and 5+ years experience.
Thanks again everyone for the replies and advice. And yes, of course you are not lawyers, but your help is still very useful. During my H1 renewal process, I got more useful info from here than from my company's lawyer!
wellwishergc
04-08 07:45 PM
Yes, it is possible.. However you can apply for extension for one year only. If your I-140 is approved, you can apply for extension for 3 years.
I suggest the following:
1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
3) Else apply for I-140 extension for 1 year based on your approved Labor
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
I suggest the following:
1) Apply for your I-140 at the earliest. There is a possibility that your I-140 will be approved before end of May.
2) If I-140 gets approved by end of May, apply for H1B extension for 3 years
3) Else apply for I-140 extension for 1 year based on your approved Labor
Is it possible to get 7th year extension on the basis of approved LC and pending I-140. My approved LC is PERM filed in March 2006 and approved a week ago. My 6 years oevr in Sep 2006.
Anybody in the same situation?
akhilmahajan
07-01 04:31 PM
It all depends upon the school. You just need to show them that your 485 is pending and you have AP with you, you have used it or not does not matter. But the most important thing is to convince the school. One of the senior members, had posted their own experience and it has helped me a lot to get the FAFSA approved for my spouse. Let me know if you have any questions. I will also try to find that thread.
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