sayantan76
06-01 06:57 AM
Hey dont you think there should be some minim qualifications before you could be filed for as manager, for eg:- MBA or something like that? The so called friend of this guy is not a manager but is going to be made into a manager just for the EB1 purpose. How can they do that. I believe this is a Indian consulting company!!
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
I work for one of the largest companies in the world and my company has clear policies on work visas and who qualifies for a managerial visa and who does not! I do have an MBA degree and independently manage a $95 million business portfolio and have a small team as well.
It is the propensity on part of some companies to stretch the definition of whats allowed and whats not that creates an impression that there is rampant visa fraud and these visas should be done away with/ made more difficult to obtain.
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gcdreamer05
11-05 03:27 PM
After july fiasco, uscis and dol are very very cautious, in opening up the gates and calling everyone current. (They dont want another 1-2 million applications being sent).
It is defintely not going to happen in the near future.....
So even finding a pattern may not help as its not going to be current for all for EB3 atleast.
It is defintely not going to happen in the near future.....
So even finding a pattern may not help as its not going to be current for all for EB3 atleast.
linray
06-14 12:38 PM
Bolt,
Could you please update this post? Per the post, I got some points:
1. Your H1B extension denied and your I-94 card is expired
2. You filed H1B transfer again using premium processing
3. You got approval
Did you get a new I-94 card since your I-94 is expired?
Do you need to leave the USA for stamp?
Could you please update this post? Per the post, I got some points:
1. Your H1B extension denied and your I-94 card is expired
2. You filed H1B transfer again using premium processing
3. You got approval
Did you get a new I-94 card since your I-94 is expired?
Do you need to leave the USA for stamp?
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Almond
07-17 08:42 AM
bmneni,
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:
Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.
My understanding is that, you wouldn't have an 'A#' when you apply for I-485(if it's first time). If it is second time, then you have to mention the 'A#' assigned to you. Guys, please correct me if I am wrong.
You do have an A number-you're assigned one when you get your approved I140. I remember having to tell my lawyer on my own to put it on there (in front of me) he didn't even think to do it himself:mad:
Bmneni, if you enclosed a copy of that approved I140 you should be ok although from what I hear, to make it easier on the person processing your paperwork it'd be nice to put it on the other forms too. But if a copy of the I140 is there, I think you'll be ok.
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pitha
10-01 04:20 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
I don't think there will be any surprises for the next 9 months as India and China have very limited quota per year. Besides the overflow that happens during the last quarter, I guess it is going to be a snail crawl for EB2.
EB3 India - well, can hibernate for the next 3-4 years.
howzatt
04-13 01:56 PM
I already transferred my H1 on 1st week of March within 1 day and worked on a 3-4 week project ( real Project from a good client) but now we are not been able to nail the next Project and this new company is very accurate about H1 ( they should be also ) - they will cancel my H1 after the last Pay stub.
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
You are exempt from this year's quota even if your 140 is not approved. I was referring to your wife's H1 possibilities. I think your first priority should be get an employer who can transfer your H1. Alternately, you could request your current H1b sponsor to give you a few more weeks to sort out your situation. It sounds from your tone that F1 for your wife is the last thing you want to consider.
The IT market is not as bad as it seems(assuming you are in this field). With so many years of experience, I would use all my contacts to find a H1B sponsor. Believe me, there are still some good consulting firms out there. Good luck!
They are trying their best and i'm trying my best but things not working out on H1B. I definitely have way more fit Jobs on EAD and that's why I posted this in the weekend.
If some real employer can transfer my H1 It will be quota exempt because I've I-140 approval.
You are exempt from this year's quota even if your 140 is not approved. I was referring to your wife's H1 possibilities. I think your first priority should be get an employer who can transfer your H1. Alternately, you could request your current H1b sponsor to give you a few more weeks to sort out your situation. It sounds from your tone that F1 for your wife is the last thing you want to consider.
The IT market is not as bad as it seems(assuming you are in this field). With so many years of experience, I would use all my contacts to find a H1B sponsor. Believe me, there are still some good consulting firms out there. Good luck!
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MrWaitingGC
06-23 09:00 PM
My priority date is EB2 Dec 2003 and I can file my 485 in June.However my spouse who is on vacation will be returning back to US on Mid July.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.
Considering the huge load of application that will be filed by the beginning of July , is it wise to:
1) File my 485 application in June (I have all my documentation ready including medical) and add my spouse application later or
2)Wait for for spouse to return and file together on the 3rd week of July.
Does the time gap of a couple of weeks make a huge difference in the processing of my application.
any insights please....
If your case approves in a day your wife will be out of status. I am pretty sure this will not happen. But wait for her to come and apply so that it will be safe.
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horscorp
02-09 06:56 AM
Thanks a lot. I understand the process better now.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
Horscrop,
Yes, it is possible that USCIS would reject the extension because the PERM was not filed 365 days before the end of six years. However, a rejection on this basis is clearly contrary to both the language and intent of AC21, and I believe, could be successfully challenged on appeal.
Ann
PS-Am enjoying all the snow---so beautiful and peaceful.
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nviren
04-19 02:26 PM
I don't have the experience.
But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.
But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.
In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.
BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.
Thanks,
But I am planning to go for visa stamping. I was seriously contemplating to go to New Delhi consulate. My district is Mumbai. It would have saved me a logistic step of sending docs to VFS Mumbai in advance, also the appts seemed to be readily available.
But after going thru the posts at immigrationportal.com forum, I have decided to go to my own district. Don't want to take the risk of that 221g or admin review and run around messing my already tight schedule.
In your case, you already have an appt. If it is very difficult to reschedule it, you may want to take a chance and go to Mumbai. If you can reschedule it easily and fits your itenarary, do think of going to your own district.
BTW, if you think that IV is a help in your immigration journey and have not contributed yet, please contribute to the cause. You can find the required details on the homepage.
Thanks,
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piyu7444
04-21 10:52 AM
What if this was a situation with someone who was NOT working for a NON-PROFIT but for any other FOR PROFIT corp?
Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?
Can I still use the peition which was approved for 3 years?
Will I be counted in CAP and will have to go through lottery?
I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??
Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......
Suppose I worked for a FOR PROFIT employer for 2.5 year and have .5 year left on h1b and then I file for 3 year extension of h1b. Once I get approval I move to EAD and work on EAD and then after 1.5 year I want to come back on h1b .........CAN I DO IT?
Can I still use the peition which was approved for 3 years?
Will I be counted in CAP and will have to go through lottery?
I am sure I will have to leave US and go to home country to get a h1 stamped but just want to make sure that it is a NEW h1 or just the old one which I can use.........??
Please help me as I have been trying to find a CLEAR answer on the board and was not able to get a straight answer. I have asked my lawyer also and she is researching it.........I will post her findings too.......
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GcSTART1
07-02 04:40 PM
I don’t know if you already know this but
follow the link to find how many have been approved based on the receipt date how ever no reference if they are EB2 or EB3 but certainly they are very arbitrary, they are all randomly picked certainly not FIFO
http://www.immigrationwatch.com/router.jsp?action=mrt&table_name=IMMI_MRT_LINI140&batch_index=1&order_by=rd&total=70
follow the link to find how many have been approved based on the receipt date how ever no reference if they are EB2 or EB3 but certainly they are very arbitrary, they are all randomly picked certainly not FIFO
http://www.immigrationwatch.com/router.jsp?action=mrt&table_name=IMMI_MRT_LINI140&batch_index=1&order_by=rd&total=70
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asdfgh
11-28 12:02 AM
I had LUD on I-140 on 11/25 as well. 140 was approved late last year.
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GreeNever
02-08 03:46 PM
... I'm reminded of a popular interview in which a well-noted singer was asked as to how he managed to wed a stunning model. All that he had to say was "I just asked" ..
Hey, U never know..so let's just do it ;) ..
Hey, U never know..so let's just do it ;) ..
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nmdial
03-11 12:34 PM
I filled the form a week back and checked, "does not apply". Hope that helps.
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perm2gc
10-04 06:47 PM
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
Good info..thks
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JazzByTheBay
08-21 11:35 AM
1) Are there any issues traveling on AP under the following circumstances??
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
- there's no current H1 stamp, although H1 extension for 3 years has been approved
- AP is expiring within 2-3 days of planned return?
- New AP is filed/pending, Receipt Notice received
- Employer is a Fortune 500
2) I've read previously that they ask you if you've changed employers since filing I-485. Anybody familiar with scenarios where employers have changed??
3) Docs I need to carry, besides... :
- H1 Approval notices?? (All of them since day 1?)
- I-485 Receipt Notice
- I-140 Approval Notice (do i need this?)
- Current AP Approval Notice
- Pending AP Receipt Notice
- Paystub??
- Letter from employer??? (do I need this?)
more...
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harsh
03-20 01:10 PM
sure seems like it. As with L2 visa holders, this would allow H4 spuses to apply for work permit.
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ksrk
07-07 06:14 PM
Thanks for reply, if you don't mind, do you have the USCISs' announcement link about this pre-adjudication ? Does it say those who pre-adjudicated will not get any future RFE/Denials ?
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
Unfortunately, there is no such guarantee. All any claim of pre-adjudication could mean is that if there were a visa number available (and we know there aren't any for EB2-I or EB3-I at this time) as of the day the case was pre-adjudicated, the applicant could be issued his/her green card.
When a visa number does become available, the adjudicating officer will review the case again before issuing the green card. Since these are employment-based immigrant visas, at any point the officer could request evidence that the employment position, that is related to this application, still exists.
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hur11
01-22 07:26 PM
http://www.murthy.com/news/n_inseb2.html
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
Can somebody advise me wht should i do, should i apply new application or not ? does this mean that i cannot apply for LC nor I140 for the rest of the year for eb2 ? I have Master's and have over 6 years of exp.
homers
04-09 08:49 AM
As long as your H1-B application is still being processed, you should be IN STATUS.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
For your passport renewal, you can write a cover letter to the Indian Embassy explaining that your visa extension is being processed and provide them a copy of the acknowledgment notice. That should be enough for establishing your legal presence for passport purposes.
stones
06-30 11:31 PM
have you been employed by Company B? If so, for what dates do you have paystubs?
I have paystubs from November, 2008 to June, 2009
I have paystubs from November, 2008 to June, 2009
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