gc28262
08-17 05:25 PM
Exactly but mere emphasis solely on educational qualification is unfortunate as after few years in job market, your skills & experience has more leverage than the degree and I am saying this based on my personal experience. In our group I was the one with least amount of formal education but still I got promoted 2 times ahead of Masters degree holders form US and foreign universities.
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
The issue here is, USCIS is a government agency. They are incapable of making a subjective determination of a person's capability. All they go by is the degree certificate which can be seen on a piece of paper.
As per INA/USCIS, many of the following won't qualify for EB2:
CEOs-Without-College-Degrees: Personal Finance News from Yahoo! Finance (http://finance.yahoo.com/career-work/article/107139/CEOs-Without-College-Degrees?mod=career-leadership)
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qualified_trash
11-30 01:35 PM
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.
maybe safer to go with your lawyer on this one :-)
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
I guess the USCIS letter also talks about change of status from F1 to H1 and not extension of an already valid H1 for 3 more years.
maybe safer to go with your lawyer on this one :-)
nchendica
09-25 01:02 PM
I reuquested my employer to file appeal for 140 denial, but they are not doing it and saying they didn't the denial notice by mail i.e. papaer copy.
We called USCIS several times and they have mailed copies several times.
Looks like my employer might have got it, but saying not received.
So I lost hopes on this and moved on to a different employer.
I have another backup labor (PD-Dec'2004) and filed 140 last year ~ Feb.
Now I moved to a different employer with this backup 140 and it is EB3 still pending with USCIS. Even though this is EB3, it has the Bachelors mentioned in the qualifications. So I am just doubtful on this one too.
We called USCIS several times and they have mailed copies several times.
Looks like my employer might have got it, but saying not received.
So I lost hopes on this and moved on to a different employer.
I have another backup labor (PD-Dec'2004) and filed 140 last year ~ Feb.
Now I moved to a different employer with this backup 140 and it is EB3 still pending with USCIS. Even though this is EB3, it has the Bachelors mentioned in the qualifications. So I am just doubtful on this one too.
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Lasantha
06-25 02:27 PM
MrWaitingGC,
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if ic an make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months eatly) before the expiration date on my current H1B.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
OK, now I see your problem. You did not tell us about the error on the I-94. This looks like a question for your attorney.
My H1B is valid till April of 2008. When i went for vacation and entered the country in March 2007, the guy at the border patrol did some mistake and put the date on I-94 as 16th sep of 2007 instead of April 2008.
I tried to get it corrected at the local CBP office but could not do it ... So i am planning to make a trip to Canada before my visa stamp expries to get a new I-94 which is valid till April 2008.
But since i have sent my passport for renewal, i am not sure if ic an make the trip bfr my I-94 expires.
And also i am not sure if i can file for extension of my H1B as it is more than 6 months ( it is about 10 months eatly) before the expiration date on my current H1B.
At this point i am helpless with out my passport. I hope i get it soon.
So what i wanted to find out is, is my status still legal after 16th sep 2007 if i file my 485 ...
OK, now I see your problem. You did not tell us about the error on the I-94. This looks like a question for your attorney.
more...
mojo_jojo
01-18 01:30 AM
its not that simple. were you here in 2000-2002 also? When the whole company is running into major losses complete department and locations get wiped out. Does not matter how critical a resource you are. If the people at the top decide to scrap the product, the team goes with it. Thats how companies like Nortel, Lucent etc manage to go from employment figures of 100K to 30K in a couple of years...
whoa
I did not know it can be that bad
r u working in the USA now?
:confused:
whoa
I did not know it can be that bad
r u working in the USA now?
:confused:
yabadaba
07-11 03:16 PM
whats going on today....all the law skirters are back...one is this thread the other is the labor substitution thread with 3 yr bachelor degrees....why dont u guys go back to immigration portal and get UN to help u with ur skirting the law issues
more...
Legal
07-19 04:53 PM
You dont have to do anything. Just sit and watch the fun with USCIS. They will come up with solutions and get it passed with congress and they know better than any one else that they are in trouble without solutions. Lots of LAWSUITS will follow in next few months if they dont do their job on time.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
If I interpret correctly you are saying because USCIS will not like to work on so many EADs and APs year after year AND SO they themselves will seek increase in annual GC numbers to clear up the mess. I wish your predictions would turn out to be true.:)
However, if enough EB GC numbers are not available, USCIS can not be repsonsibe for this. They have corrected the one mistake they did with the visa bulletin fiasco. I don't see any other basis for additional lawsuits.
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Dhundhun
06-04 05:28 PM
Dhundhun,
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
I hold high regard for your postings...but in the 765 manual, I could not find any such rule that you just mentioned..Here is an excerpt from Pg 9 of
http://www.uscis.gov/files/form/I-765instr.pdf
If your response to Question 16 is (c)(9) ....
Otherwise, if you filed your I-485 adjustment application with
a USCIS Service Center, you must file Form I-765 at the
Nebraska Service Center or the Texas Service Center,
depending on where you live (see the following addresses)......
Are you sure ?? :confused:
I have recently moved from Ohio to Pennsylvania and am about to file for renewal. Thanks....
Where to send application? This is part of instructions describing Federal Code Section "8 CFR 274a.12" and where to send.
We understand that http://www.uscis.gov/files/form/I-765instr.pdf is main reference.
This document also summarizes where to send EAD application: http://www.visapro.com/US-INS-Forms/Form-I-765.asp.
for (c)(9) I-485 pending
-- #1 Either Service Center with jurisdiction over your residence (NSC or TSC)
-- #2 or Local Office - depending on where your case is pending
The #1 is consistent with http://www.uscis.gov/files/form/I-765instr.pdf. I am confused about it #2 and perhaps my interpretation is not correct. NSC and TSC is not Local Office. As long as case is with NSC and TSC, we may need to send I-765 based on juridiction.
I have other observation also: http://www..com/discussion-forums/i765-1/121036147/last-page/
People are filing based on #1 and #2 above and it has been going OK. Seems that USCIS is able to process regardless.
more...
anilnag
03-22 04:33 PM
I am seeing layoffs are on rise in IT sector these days in California. I am in a good business district area in southern California and most of the companies have frozen new hirings and lots of others are laying off.
Job sites are showing many openings but even if you apply the percentage of calls you get have reduced drastically. Hanging on to wht you got if you can seems to be the only option these days..
Job sites are showing many openings but even if you apply the percentage of calls you get have reduced drastically. Hanging on to wht you got if you can seems to be the only option these days..
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pd_recapturing
10-19 02:02 PM
Gene77, Thx for sharing this info. Now I remeber that I have previosly seen this info in one of the IV posts. In any case, I will have it run through my attorney and see, what they say. I will keep you updated.
more...
krishmunn
03-18 10:46 AM
It is not 1 month , it is 21 days to be precise.
Your attorney messed up with Labor, was sleeping from Feb 25 (Labor approved) to March 4 (129 mailed). Why is that a fault of CIS ?
Your attorney messed up with Labor, was sleeping from Feb 25 (Labor approved) to March 4 (129 mailed). Why is that a fault of CIS ?
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sodh
07-12 03:56 PM
Please consult with an immigration attorney, to make sure your stay is legal. if your i-94 expired, unless you get the revised I-94 with the valid dates, your stay is illegal. If it is more than 180 days, then you are in deep trouble. Consult with an attorney and prepare to leave.....
180 days is the limit you can stay legal even after your H1-B expires provided you have applied in time for the extension and ofcourse if your extension is not rejected.
180 days is the limit you can stay legal even after your H1-B expires provided you have applied in time for the extension and ofcourse if your extension is not rejected.
more...
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ashkam
02-07 11:13 AM
H1B extension November 13 2007 receipt date, still pending. No LUDs except for an address change.
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jthomas
05-26 10:47 PM
Do you work for a TV manufacturing company or watch lots of shows like a couch potato. I can understand you like to watch some channels but cannot imagine spending hours to make a quote
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
You could buy a TV but you will not know when you will get it. It could be shipped the next week, the next month, next year or never.
The credit card may not be charged, may be charged twice or a valid CC may get rejected.
Somebody who buys a TV from USCSIS a 2 years after you do, he may get it sooner than you do.
USCIS has no way of knowing how many TVs have been ordered and how many of them are in stock.
In case you do not receive your TV in two years, USCIS acknowledges that there is a long wait time for some and does not do anything about it. USCIS thinks acknowledgment of wait time is more than enough that it has done for the customers. Customers did not deserve this but USCIS did a favour to them being a good "Customer Service" company
There would be an online survey after you buy it which would never get submitted 99% of the times.
In case it did get submitted, somebody will read one out of 10,000.
After reading it he will throw it in the trash can.
If you get a defective TV (which is quite likely), you have a chance to file appeal by paying the same amount of money for the TV again so that your case can be re-opened.
I wonder how many customers would USCIS have eventually ??? Any guesses ??? :-)
more...
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zCool
04-02 12:12 PM
Pls see below for answers
My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know
1. How many days is required to get a H1b transfer receipt.
-- upto 1 or 2 weeks if it's Premium
-- Upto 2 or 4 weeks for regular. Looking at your case, your lawyer probably already has receipt Number.
2. What happens if my H1B expires before i get a receipt.
-- Nothing, you will get a receipt sometime , so long as you get a receipt that will have date of receipt as you originally sent it. If you are afraid your company didn't actually send it, then
3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
That decision has no relation to pending h1. You can choose to go to EAD anytime. Looking at your situation, you are probably better of on EAD. Your wife will eligible for citizenship in 18 months then she can apply for naturalization, I think even now you can probably apply as spousal category so really no reason for you to be on h1 ..(Not entire sure abot this.. check with family immigration lawyer)
PD Oct 2006
I-140 Approved
I- 485 July Completed 180 days.
EAD and AP
My H1b is going to expire on April 17th. I had found a new job and they had applied for my H transfer on March 27th. I would like to know
1. How many days is required to get a H1b transfer receipt.
-- upto 1 or 2 weeks if it's Premium
-- Upto 2 or 4 weeks for regular. Looking at your case, your lawyer probably already has receipt Number.
2. What happens if my H1B expires before i get a receipt.
-- Nothing, you will get a receipt sometime , so long as you get a receipt that will have date of receipt as you originally sent it. If you are afraid your company didn't actually send it, then
3. Should i go on EAD or continue on H1B. My wife is a green card holder for last 3 years 6 months.
That decision has no relation to pending h1. You can choose to go to EAD anytime. Looking at your situation, you are probably better of on EAD. Your wife will eligible for citizenship in 18 months then she can apply for naturalization, I think even now you can probably apply as spousal category so really no reason for you to be on h1 ..(Not entire sure abot this.. check with family immigration lawyer)
PD Oct 2006
I-140 Approved
I- 485 July Completed 180 days.
EAD and AP
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senthil
06-15 06:23 AM
july 04 -- What a day to loose my independence :-)
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wishes for your marriage and there-after
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satyab7
04-04 06:53 PM
I agree with all the folks who have written in support of Core Team. IV Core Team is doing a great job and I hope all will support it.
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abhishek101
02-08 11:43 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
1. You can walk to your local SSN office and ask them about the lockdown on SSN.
Ideally if you are near 40 quarters of SSN contribution I will stay here few quarters longer to make it to 40 quarters. This way even if you are in India you will get some money when you retire ( few 100 dollars are not bad). ( I know about SSN and its problems but still there will be something there)
2. There is nothing in 401K laws that says you can withdraw the money before you turn 59.5, but you can try to establish a case of hardship and see. The predefined cases are here
401khelpcenter.com - Hardship Withdrawals Give Access to Your 401k Savings, But at a Cost (http://www.401khelpcenter.com/401k_education/hardship_withdrawal_article.html)
2.1 The Penalty is not 40% it is only 10%, (usually the way it goes in 30% tax + 10% penalty gives a total of 40% loss). But as someone suggested you can withdraw it in phases and not pay the taxes, in that case you will only pay the 10% penalty. I will consult a tax attorney to get more information on this.
also r2i websites are great help.
Good Luck
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sumanitha
01-06 03:36 PM
Once you got a filing a can donate a fraction to IV..
Way to goooooooooooooooooooooooo....
I am on H-1B and wife on H-4. We did not get our stimulus payment last year since she does not have SSN.
For people who did not receive stimulus payment last year can claim it this year. So for people like me whose wives are on ITIN, can get $600 back this year or so I think. The way to do this can be:
First file Married filing separately, claim $600 credit and then amend it to file married filing jointly. IRS will not ask stimulus back. Let me know your thoughts on this idea. I wish I could get $1200 but hey even $600 is better than nothing.
Any thoughts??
Way to goooooooooooooooooooooooo....
I am on H-1B and wife on H-4. We did not get our stimulus payment last year since she does not have SSN.
For people who did not receive stimulus payment last year can claim it this year. So for people like me whose wives are on ITIN, can get $600 back this year or so I think. The way to do this can be:
First file Married filing separately, claim $600 credit and then amend it to file married filing jointly. IRS will not ask stimulus back. Let me know your thoughts on this idea. I wish I could get $1200 but hey even $600 is better than nothing.
Any thoughts??
eb3_nepa
06-16 01:29 PM
I am not saying we shud do anything forcefully. I am saying, that if we have to show IV's face as being multicultural and since we Have members from all over the world sharing ideas on here anyways, might as well show the media that aspect.
In my opinion, if general public/law makers see faces from all over the world complaining about the GC system, it would have more impact.
If a core member/moderator can comment on this, that would be greatly appreciated.
In my opinion, if general public/law makers see faces from all over the world complaining about the GC system, it would have more impact.
If a core member/moderator can comment on this, that would be greatly appreciated.
skd
08-26 11:15 AM
Friends I think a great injustice is being done to NSC filers , their applications are taking months for ead and ap, while TSC filers are getting ead adn AP as soon as they get receipt, do you think this will improve for NSC in future, at this time looks like august NSC filers will haveto wait till the end of the year for EAD,ap, which is sad.
Grass is always Green on other Side
NSC People think Texas people are good that they are getting EAD along with receipt
TSC people think NSC people got there receipt almost 3-4 weeks before NSC people
I am talking mostly about 2nd July filers
But if you sit down and think if you are getting EAD 2-3 weeks later doesnot matter. But Atleast NSC people knew before 17th August refiling cutoff that wethere there application made it or not.Texas peoples fate was waiting hanging in balance.
I have a example My friend filed 2nd july at NSC center, His application came back on 13th August with in-complete papers and He refiled in 15th , SO he is golden.
But most Texas People (99% you can verify with various polls on IV) did not have any clue where there apllication is by 17th August deadline.
By the way I am Texas Filer
Grass is always Green on other Side
NSC People think Texas people are good that they are getting EAD along with receipt
TSC people think NSC people got there receipt almost 3-4 weeks before NSC people
I am talking mostly about 2nd July filers
But if you sit down and think if you are getting EAD 2-3 weeks later doesnot matter. But Atleast NSC people knew before 17th August refiling cutoff that wethere there application made it or not.Texas peoples fate was waiting hanging in balance.
I have a example My friend filed 2nd july at NSC center, His application came back on 13th August with in-complete papers and He refiled in 15th , SO he is golden.
But most Texas People (99% you can verify with various polls on IV) did not have any clue where there apllication is by 17th August deadline.
By the way I am Texas Filer
