nlssubbu
02-08 02:34 PM
I was in your situation during my GC process. I was in EB3 queue going nowhere, but waited for couple of years. When my division sold out to a new company, I was promoted and with the new job, I could qualify for EB2. I then port it from EB3 to EB2 and with the wait really proved to be fruitful.
GC journey has lot of ups and downs like any journey in life need not get frustrated regarding this. Find various other avenues and ways to get over with it!
Thanks
GC journey has lot of ups and downs like any journey in life need not get frustrated regarding this. Find various other avenues and ways to get over with it!
Thanks
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sanjaysharma
05-06 12:31 PM
In Kansas there is a strangely different rule. They give in-state but show the balance amount between in-state and out of state as scholarship given to the individual in a separate 1098 T tax form. This increases your taxes slightly and the individual cannot claim education credits in the tax return.
garybanz
10-04 10:11 AM
My AP and EAD both came to me directly.
I guess it depends on what we fill in our forms
I guess it depends on what we fill in our forms
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gg_ny
07-10 03:21 PM
Your situation is slightly different than many I have come across. If your qualifications, research work, project etc have unique qualities, then you may still have a fighting chance. But you may have to do a lot of homework: find out NIW holders in your / related engg field, ask a few lawyers: do not believe right away if somebody promises they could, try to enroll in as many professional associations as possible, enlarge your skill portfolio etc.
BTW, is any degree of you from US?
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
BTW, is any degree of you from US?
I have a Ph.D and 2 M.Sc in Aerospace and Mechanical Engineering. I got my H1-B and I also have been employed for 3 months now. My company policy required 3 years before sponsoring me. I do not want to wait that long to start applying. How can I tell if I am qualified for EB-2 with National interest waiver? Is that the only way for me to get GC?
I also want to mention that I have 5 proceedings papers but not journals. I also do not have any citations for my proceedings papers.
Please advice me what is the best senario for me and if I have any chance to apply for EB-2 with NIV.
Thank you
more...
kumar4875
06-20 11:24 AM
Saw your message. Thanks.
If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.
Thanks Pappu.
I am having a good attorney .He is desi , He is reputed , have good experience , he has got good web site also. He is waiting to see what is there in the denial notice.The denial update on website is 18th.so it may take another 3 weeks for him to receive the notice.
In the mean while I am trying to get an employer to file a Labor as future Employee.since only 6 months left on H1b , I dont know what options are left for me.:confused:
since the I-140 is not clered, my priority date canot be captured.
6years( 4 years for labor , almost 2years for I-140) of waiting and $12000 gone to drain.:mad:
thank you very much for suggestions
If that is the sole reason for denial, consider filing an appeal and think of a backup plan. Get a good lawyer if you do not have one.
Thanks Pappu.
I am having a good attorney .He is desi , He is reputed , have good experience , he has got good web site also. He is waiting to see what is there in the denial notice.The denial update on website is 18th.so it may take another 3 weeks for him to receive the notice.
In the mean while I am trying to get an employer to file a Labor as future Employee.since only 6 months left on H1b , I dont know what options are left for me.:confused:
since the I-140 is not clered, my priority date canot be captured.
6years( 4 years for labor , almost 2years for I-140) of waiting and $12000 gone to drain.:mad:
thank you very much for suggestions
BharatPremi
04-18 04:10 PM
got Interview Notice with PD March EB3 India
Can you explain how come your EB3 category is having a tag "RIR"? The reason I am asking is that at one end you claim your PD is March 2007. And in that case you must have been approved through new labor process PERM and PERM does not have RIR and NON RIR criteria. RIR/Regular (non - RIR) is used to be a junk language of old labor style filing.
Can you explain how come your EB3 category is having a tag "RIR"? The reason I am asking is that at one end you claim your PD is March 2007. And in that case you must have been approved through new labor process PERM and PERM does not have RIR and NON RIR criteria. RIR/Regular (non - RIR) is used to be a junk language of old labor style filing.
more...
johnimmi
01-08 10:39 AM
Her visa stamp was expiring on 15Feb07 and she entered US in Dec'06 and she was carrying the extended H4 I-797 valid till 2009. The officer at POE gave the I-94 valid only till 15Feb07. I did lot of research and found the last action on I-94 invalidates the previous ones. So her I-94 was valid only till 15Feb07. I went to the local CBP office and the officer understood what I'm talking about. He took copy of I-94 and issued a new I-94. He faxed it to some company which keeps the I-94 database.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
So if possible it's better to go in person and explain. My 2 cents.
I am in a similar situation. "guyfromsg" , you are correct about the 'last action rule'.
1) My old Visa(stamped on my passport) was from Oct 1 2005 - Oct 1 2008.
2) In 04/07, I moved to a new employer. New I797(and its corresponding I-94) is from 04/2007 - 04/2010.
3) Travelled outside US. Before returning, I didn't stamp a new Visa because my old Visa was still good. When returned in Jan 2008, at the POE , the officer issued a new I-94 and stamped the expiry date as Oct 1 2008. He mentioned that since the old visa was expiring on 2008 and because I didn't have a new Visa stamped (even though I had a new 797A) , he can't stamp the I-94 with the '2010' expiration date.
4) My attorney just raised a red flag. He mentioned that the 'last action rule' goes against me. The last
action in this case was 'issuance of a new I-94'. So, the best approach is to get it corrected at the
local CBP - Deferred Inspections Office. He is working on getting some paper work ready.
However, another way to get by this issue would have been to file for a H1-B renewal before my
new I-94(the one issued at the POE) expired.
My attorney explained that according to the new immigration laws, the CBP officer should have stamped the expiration date from the 'LATEST' 797A. Most of the times, the officer will just detach your
I-94 from the latest 797-A and stamp it. This way no one(foreign national + Customs) needs to maintain multiple I-94's. However, not all officers are updated with the current immigration laws and policies. Now I'm waiting for some response from the CBP. I will update this thread once I get some positive feedback.
Thanks for all the great info in this thread guys!!
regards
John.
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InTheMoment
07-11 05:36 PM
It is perfectly legal. Before throwing out ignorant allegations like "skirting the law" and all that, do your homework first. I am sure I did mine thoroughly well!
> Went thro' a trained certified tax agent and confirmed thro' IRS directly.
> Made sure substantial presence test is passed and made sure foreign
income level of dependents is below that set by IRS.
> Sent visa and pp copies of dependents as well as airline tickets (as proof
of presence) alongwith the form W-7 for requesting ITIN's along with tax
returns.
> Used dependent deductions for two FY's returns successfully and all the
more --> legally.
> Went thro' a trained certified tax agent and confirmed thro' IRS directly.
> Made sure substantial presence test is passed and made sure foreign
income level of dependents is below that set by IRS.
> Sent visa and pp copies of dependents as well as airline tickets (as proof
of presence) alongwith the form W-7 for requesting ITIN's along with tax
returns.
> Used dependent deductions for two FY's returns successfully and all the
more --> legally.
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msp1976
04-21 07:11 AM
how about www.taxpayinghandcuffededucatedslaves.org
what about www.hitechslaves.com
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
what about www.hitechslaves.com
You guys really have to give a deep thought before you suggest names that contain the word slave....
The argument goes like this : America is a great country. We do not want slavery. Slave labor would undercut citizen salaries. Slave labor should be abolished..Hey..These people call themselves slaves...Let's abolish H1B program...H1b must be abolished...
Now see where the argument ended up...Think completely what you are getting into...
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vandanaverdia
09-20 06:14 PM
YES!! I agree... We went to make a point... and one doesnt have to be an American citizen to be able to sing one too....
Pankaj did a great job... And it was awesome to hear him sing. So much so that even Congressman McDermott commented that he sand better than the congressman himself.
Three cheers to Pankaj.
Pankaj did a great job... And it was awesome to hear him sing. So much so that even Congressman McDermott commented that he sand better than the congressman himself.
Three cheers to Pankaj.
more...
ntpatil
11-11 12:56 PM
We are in exact same scenario, but was thinking that H4 holder has to enter using AP to continue to use EAD after "vacation" . So is it like, Use H4 for travel and EAD to work, instead of , Use AP for travel and EAD to work? This will be of great help to many people who are scared to use AP or not want to face the extra half hour at immigration counters.
Exactly, that's the reason I posted my questions. I am content to know that my questions have answered many concerns of others.
Exactly, that's the reason I posted my questions. I am content to know that my questions have answered many concerns of others.
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gccovet
05-12 01:49 PM
You said you live in NJ, you supposed to have sent you EAD renewal documents to Vermont Service Center as per the USCIS link provided below:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73bbb6f2cae63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
What I understood from my lawyer is to send the renewal documents to address at the bottom of I-485 notice. I may have understood wrong.
Regards
GCCovet.
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=73bbb6f2cae63110VgnVCM1000004718190aRCR D&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1 RCRD
What I understood from my lawyer is to send the renewal documents to address at the bottom of I-485 notice. I may have understood wrong.
Regards
GCCovet.
more...
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up_guy
10-06 01:16 PM
Ask him.
Very Good reply :)
Very Good reply :)
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485Mbe4001
07-31 07:01 PM
According to my lawyer, " dont worry, USCIS routinely redistributes cases between offices to adjust its workload." (confirm with your lawyer too)
more...
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sargon
12-21 05:38 PM
I was not bragging. I was just thinking out aloud, so to speak. Economic ups and downs like this this are a normal part of economic cycles in a capitalist economy. My observation is that IT industry is not as badly affected as other sectors. I have not seen people sitting without jobs for extended periods. I mean, some people do loose jobs but they get something else within a couple of weeks. That is pretty much normal functioning of markets.
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dpp
11-19 10:30 PM
I have got FP appt notice 7 days back. I am July 2nd filer, filed at NSC, but transferred to CSC and then back to NSC. Also, got AP and EAD approved long time back from CSC.
I had seen a similar thread for NSC->CSC->NSC filers, but can't seem to find it anymore---did anyone whose cases got transferred to CSC receive FP notice?
I am a July 2nd filer, EAD/AP approved from CSC, case transferred back to NSC back in early Sept--still waiting for FP notice for over 4 months now.
PS: I am not desperate for FP notice---and i know it's going to be several years wait--just want to get the FP done and move to an apartment with lesser rent :-)
I had seen a similar thread for NSC->CSC->NSC filers, but can't seem to find it anymore---did anyone whose cases got transferred to CSC receive FP notice?
I am a July 2nd filer, EAD/AP approved from CSC, case transferred back to NSC back in early Sept--still waiting for FP notice for over 4 months now.
PS: I am not desperate for FP notice---and i know it's going to be several years wait--just want to get the FP done and move to an apartment with lesser rent :-)
more...
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dilbert_cal
10-06 08:10 PM
From Matthew Oh Website:http://www.immigration-law.com/
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
Cases Pending Other Agency Action: 136,763
4,905: Other Agencies Investigation Result Waiting
130,091: Interview Completed but Waiting for Name Check Clearance
.
What about the 130k cases waiting for FBI name check - I'm surprised nobody is looking at it. If this is all EB related (worst case scenario), we are looking at around 240k cases of EB category. Well, I already had an email which screwed up my mood today and now this...... time to dump it all and first enjoy the weekend :-)
Afterall, GC is just one of the many factors in life and the more you keep it at the lower priority end, the more you can enjoy TODAY :-)
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Sunx_2004
08-14 02:37 PM
With due respect, Can you please tell me why it will fail?
Because it doesn't have a good reason. Please don't waste your money.
Because it doesn't have a good reason. Please don't waste your money.
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dealsnet
08-18 09:53 AM
Try EB3. Don't spend time and money for EB2 with 3 year degree.
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
It is waste. You will learn this in a hard way.
Gurus,
Sorry for not mentioning in my first post earlier... Just now I received a copy of the Letter which my company received from the USCIS. It is mentioned as "NOTICE OF INTENT TO DENY (NOID)".
Reasons:
- Section 203(b)(2)(A) of the Act states
- 8 C.F.R 204.5(I)(3)(ii)(C)
These are related to the Education for 3 yrs degree..
- What is the next step ?
- What is the chance of a positive result?
Thank you,
Regds,
Raju
truthinspector
09-19 10:28 AM
Can we utilize the US Citizen children to campaign for our cause. We can highlight our cause better that way. We shall certainly get more attention. We also must make sure to highlight that we are LEGAL immigrants.
This reason is preposterous at best.
GG_007
This reason is preposterous at best.
GG_007
nogc_noproblem
05-12 05:15 PM
I am not sure about this. May be you can call them and confirm so that any potential delay can be avoided.
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
Does that mean I am screwed? My package got delivered this AM at Mesquite, TX as per the tracking receipt.
Will Texas forward my application to vermont or do I need to send the package seperately to Vermont?
Thanks much!
