rockstart
10-29 09:32 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
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prashantkh
07-09 01:37 AM
Tom Tancredo is a very narrow minded individual with myopic vision, he seems to be in a state of denial. I think he wouldn't be able to further deteriorate the already messed up situation.
vjone
04-09 05:19 PM
OP has asked a simple question, If you can answer it in simple manner do it. If not do not even respond to it.
If you think you are real smart then act like one instead posting you irrelavant comments here.
If you think you are real smart then act like one instead posting you irrelavant comments here.
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kopra
08-18 01:57 PM
If she can come back before 1st Oct( i believe her employment will start from Oct 1st) , she should be OK as H1 status will be valid only from Oct 1 2008 onwards.
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
Hi Everyone,
Have a question
My wife came to USA on H4 (2007), we have applied for H1 this year(2008)and is it approved (we did not received the petition yet). She has to travel back to india for a month from (Sep 08 - Mid Oct08). I am concerned about the issues/status when she enters back in USA. Her H4 is valid till Sep-2009.
1) Can she go back on H4 visa and return back with the same H4 visa. Will she be having any issues at the Immigartion officer at port of entry. If so, what type of questions she has to face?
2)After coming back, will her H1 have any issues ?
What would be the best thing to do .. I am really worried about this status issues.
Can any one of you pls let me know how to face this .
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ivvm
10-07 08:54 PM
My I-94 has expired becoz it was issued up to my passport validity. If I have to renew it, is it a good option to cross border and get a new I-94, like going to Mexico or Canada. Please advice. I am not sure how to proceed. No one knows the procedure. Please if anyone knows, advice.
Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.
Since your I-94 is already expired, you need to consult an attorney. Assuming that it wasnt expired..you could have re-entered from Canada/ Mexico using your new passport, assuming you have a valid visa, and they would have issued you a new I-94 at the border crossing.
malibuguy007
07-21 11:31 PM
Take advice of another lawyer. I have a friend who did something similar and he is simply sitting tight (on advice of his lawyer). So I would not simply start the whole process from scratch before consulting a couple of other lawyers.
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coolpal
02-03 03:54 PM
I really hate to feed the troll...
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
But guys, please think before you post. Feeding trolls is a waste of time, fame and everything.
Mr./Ms. fairyangel, if you are really who you are claiming to be, then you are on the wrong forum. Your status is considered illegal, and people here don't support it.
pal :)
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GCNeophyte
09-17 01:47 PM
Buddy - on forum everyone will answer you what he thinks ths best and this is important thing for you. you should ask your lawyer.
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
short answer - i had been in your situation and what my laywer told me is this
doesnt matter EAD (expired or not) H1(valid or not), if you have valid AP and your 485 is pending you can enter USA on it. Date on I94 will indeed be expiry date of AP.
Secondly, you are all good to continue working on your H1b even after entering through AP.
this is just what my laywer said. you will hear more things but i would suggest again that check with your lawyer.
Good Luck !!
bank_king2003 was right on. you don't need EAD or H1, AP was issued on your pending I485, POE won't care but they will still verify (it typically takes around 60 - 90 mins), you need to wait Patiently in IO supervisor office @POE. My personal advice is don't act smart with IO in POE and give them excuses like i have connection flight to catch etc.,
more...
nixone
08-21 06:10 PM
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
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thakurrajiv
11-10 12:22 PM
I entered US using AP on this Sunday from Chicago.
AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
carry older passports if any.
I also carried I-485 notice and EAD but was not asked for it.
AP and passport were enough. They did ask for old H1 stamp which was on my older expired passport. So I will add :
carry older passports if any.
I also carried I-485 notice and EAD but was not asked for it.
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needhelp!
10-23 05:59 PM
: b : u : m : p :
Please fill the gaps...
Please fill the gaps...
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little_willy
02-23 11:59 AM
Oh really It's a Great news! I don't know this.So if we loose job and use cobra a family can get Insurance for about $250-$300 for 9 months.Do you have any link explaining this to get some more info?
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
http://personalinsure.about.com/od/health/a/aa021809a.htm
The First Part of The COBRA Stimulus Plan: Reduced Premiums
The COBRA stimulus plan basically has two parts. In the first part, The COBRA stimulus plan will be able to step in and help struggling families trying to pay their COBRA benefits. People who are currently enrolled in the COBRA plan will get a 65% reduction in their premium costs. This will be a huge savings to many families struggling to keep their COBRA benefits.
Part 2: The Ability to Re-Enroll into COBRA
The second part of the COBRA stimulus plan will provide recently unemployed people the ability to re-enroll into the COBRA plan, even if they had denied coverage in the past. This will help a great amount of people who choose not to continue their health insurance through COBRA because they just could not afford it.
9 Key Details about the Cobra Stimulus Plan
1. Valid for people who were involuntarily terminated between September 1, 2008 and December 31, 2009
2. To be eligible annual income cannot exceed $125,000 for a single person and $250,000 for a couples
3. 65% of existing COBRA premiums will be subsidized by the U.S. Treasury Department
4. Subsidies will be available for up to 9 months
5. If you declined COBRA coverage after September 1, 2008 you will have the option to re-enroll into COBRA with the above subsides
6. Notices of the COBRA subsidies and re-enrollment information will be sent from the COBRA administrator (usually your previous employer)
7. Subsidies will be paid, via a refundable tax credit, directly to the COBRA administrators
8. Subsidies will terminate if the enrollee acquires a new health insurance plan through another employer or is eligible for Medicare
9. Subsidies will only apply to COBRA premiums paid after the effective date of February 17, 2009 and there will be no refund of premiums prior to this date
more...
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radhay
08-21 04:33 PM
Hi, I am in the exact same situation. USCIS approved my H1B but didn't issue I-94. Along with the H1B approval letter there was explanation why they can't issue me 'H1B status' and also suggesting me to leave country and apply for H1B visa at the consulate using the approved petition.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
I didn't leave the country as my lawyer suggested this is a matter of grey area and every thing rests on Immigration's officer's interpretation and judgement. Didn't want to take chance.
The solution? we filed 'nunc-pro-tunk' petition with the proof that it was a honest mistake on part of employer and I shouldn't be penalized for that. Now I am waiting for the USCIS decision.
I have an EAD and pending 485 so I am continuing to work. In your situation if you have 485 pending/EAD you shoud be OK.
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ken
04-09 12:33 PM
Thank you GC Struggle for your thoughts..
But I don't live/work in Miami,FL.
But I don't live/work in Miami,FL.
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sdrblr
02-03 12:26 PM
Sorry to hear about the issue. I dont think how you can file a legal malpractice against the attorney when he has rights not to give the details of 140.
140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).
I say appeal the denial open an MTR
140 as we all know is an employer application and the attorney is answerable to the employer who paid for it and who signed for it (forget about whether the beneficiary paid or not).
I say appeal the denial open an MTR
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gomirage
05-28 05:19 PM
If you will work for a Canadian Company within US, then you need a US work visa (H-1B for example). However, in this process you will not satisfy the residency requirements for your Canadian PR. Please note that you need to live in Canada for at least 2 out of 5 year period to maintain the PR.
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
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eb3retro
11-18 12:09 AM
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
do u have ur approved i-140?
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
do u have ur approved i-140?
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indianabacklog
08-06 07:37 AM
I-140 was approved on october 08, 2002
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.
Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.
and it was filed on may 20, 2003
i dnt think that my dad filed I-485.
Since the I140 was approved in October 2002 and the visa became current in August 2003, from my knowledge you had until August 2004 to file the I824. The CSPA seems to be very clear you have one year from the time the visa BECAME current so you would have been one year late in applying.
Be assured I know this aging out thing is awful my family is a victim of it too. I see no pleasure watching others suffer.
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B+ve
09-01 06:12 PM
I believe they go by RD if the PD is current. My RD is jul 2nd and my application reached them early AM on Jul 2nd.
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
Thank you all for the congrats !!
Hi priderock,
Congratulation for being greened !!!
Can you please share your Notice Date?
I believe they are approving cases with Notice Date earlier than their processing date(Aug 30, 2007 for Texas Ser. Center).
Thanks,
B+ve
kanta80
04-05 11:39 AM
Thank you very very much, sertasheep. I really appreciate your help.
Arvin_H1
08-19 02:33 PM
If you reappeal I think until the decision comes you are okay. But I'm
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
not sure if you can work. Need to check with an attorney.
If your job description need to match the degree you should be fine.
Did you submit a credential evaluation? I think if both of the above
things are okay, you should be through.
If I were you I will contact an attorney, like Sheela or Rajiv who
knows what they are doing.
babu
Thank you all for your advices.
As this is my H1 extension, my credential evaluation done with first H1 process itself. and, my I-94 also expired in Sept'07.
Does anyone know any good attorney that i can contact and take more suggestions on my issue..?
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