485Mbe4001
06-13 02:24 PM
We had a discussion with our company lawyers about this. We wanted to know if it was possible to file for EB2 after a promotion. They told us the following and said we cannot change (dont know if its bs, you talk to your lawyer.)
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
a) EB is based on your previous job not the current one. So even when i have worked in my current company for 8 years, the current experience is not counted.
b) The new job/position should have activities more than 50% different to your previous position ( even tho i was eligible for EB2 then, i was suggested EB3, still suffering for that blunder). Unfortunately Software engineer is a position where the job activities include everybody uncle and more.
i think its a different story if you change your job, if you like your job and want to stay then there is little you can do.
Folks:
I am one of the frustrated ones under EB-3 (India) with a PD of Jul 2003. My case is as follows:
I had 3.5 years of experience + MBA from India when I joined the current Job in 2001.
I applied for my GC in 2003 and the lawyer said since my MBA was not relevant for the current job (software engineer) and since my experience before the current job was less than 5 years, I should apply EB-3.
Currently, I have 11 years of experience (out of which 7.5 is with the current employer from whom I have applied for GC) and I have moved to Business Development that uses my MBA quals.
Can I change to EB-2? What do I need to do? What are the risks?
Any/all pointers will be appreciated
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tabletpc
09-16 05:19 PM
My inputs may not help you , but I am posting it so that it could prevent others from making this mistake..
If spouse has EAD and AP, then using of EAD will not abandon H4 status nor it will jeoperdize the GC applicant H1b status.
A safe bet for dependet is to use EAD instead of getting H1b and going thru all stamping coplications. Being a spouse of GC applicant has lots of advantages...:D.
Now coming to your question, I think you should not depend on this forum for your solution. Contact a good attorney and take their advice.
Good luck..
We need experts advice in the following matter.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
If spouse has EAD and AP, then using of EAD will not abandon H4 status nor it will jeoperdize the GC applicant H1b status.
A safe bet for dependet is to use EAD instead of getting H1b and going thru all stamping coplications. Being a spouse of GC applicant has lots of advantages...:D.
Now coming to your question, I think you should not depend on this forum for your solution. Contact a good attorney and take their advice.
Good luck..
We need experts advice in the following matter.
Here is my situation, I have entered US on H-4 and after sometime I have applied for H1(Change of status) through a consulting company. I have worked for this company for 3 months.
jediknight
09-23 08:58 AM
From a Constitution standpoint, Obama believes the Congress should pass the law and his executive branch will implement it.
Unfortunately, thanks to the filibuster, the senate is broken and nothing important has gotten passed. The Health care bill was watered down to make it almost useless.
He seems to forget that he also has a role of a leader to move the country in the right direction even if it may be unpopular.
There are issues that have over 60% support (eg. Don't ask Don't tell, Legal immigration issues, Energy tax credit, etc.) that he can support via executive orders but refuses to do so from a standpoint of the Constitution.
So, we are at
the Left are frustrated because he has abandoned their core issues
the Independents are frustrated because of the Job market and benefits from Health care won't kick in till 2012, etc.
the very small moderate right does not like him because of differences in policies
the rest of extreme right hates him since they think he was born in Kenya or black guy should not be the president.
It will be interesting to see what this election changes :)
- JK
Unfortunately, thanks to the filibuster, the senate is broken and nothing important has gotten passed. The Health care bill was watered down to make it almost useless.
He seems to forget that he also has a role of a leader to move the country in the right direction even if it may be unpopular.
There are issues that have over 60% support (eg. Don't ask Don't tell, Legal immigration issues, Energy tax credit, etc.) that he can support via executive orders but refuses to do so from a standpoint of the Constitution.
So, we are at
the Left are frustrated because he has abandoned their core issues
the Independents are frustrated because of the Job market and benefits from Health care won't kick in till 2012, etc.
the very small moderate right does not like him because of differences in policies
the rest of extreme right hates him since they think he was born in Kenya or black guy should not be the president.
It will be interesting to see what this election changes :)
- JK
2011 Ivy Tattoo Poll + Link to RA
seetheavatar
09-16 09:12 AM
Even my spouse's GC which is approved on Aug 3rd which was sent back undelivered.
We called the 1 800 number and opened a SR.
But we didnt have any thing after that.
The case status went to initial review after that.
We called the 1 800 number and opened a SR.
But we didnt have any thing after that.
The case status went to initial review after that.
more...
GCAmigo
02-05 01:50 PM
The response doesn't address retrogression.. the focus is purely on illegal immigrants..
abhijitp
07-05 08:52 PM
Use the template and email reporters.
Emailed about 200 media contacts using this template, slightly personalizing it.
Emailed about 200 media contacts using this template, slightly personalizing it.
more...
abcdefgh
12-14 12:43 PM
isnt the ielts offered in very few places in the US?
Yes only 12 to 15 places.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
Yes only 12 to 15 places.
http://www.ielts.org/searchresults/default.aspx?TestCentreSearchSubRegion=4a489b2a-083a-45de-a65e-6514bc133cb4
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gc_in_30_yrs
02-13 04:47 PM
Thank you very much for posting this information. I am going to send this letter by hand written in next two days.
more...
bigboy007
11-21 01:59 AM
there is no "Permanent" Job in us, I assume you are now atleast 5 years old or having masters degree... we already have these in place...
Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...
Why a asylee or gc lottery guy should be hired before a skilled person and he is not comparing apples to apples... no country limits and elimate backlog by recap anything else is waste of time ...
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tinuverma
02-09 05:28 AM
Thanks for the responses so far.
To the bro who suggested I rather stay here than go back..well I work as a consultant thro a vendor hence that is not an option (thanks to the new memo).
Given the market is so hot in India right now and here new policies are made to make our life tougher, only makes one's consideration to move back stronger.
I will call up SSN office today and check out how much more is remaining of the 40 Q for me...will try and do that.
On RONR, I will find out and post here when I have any confirmed updates - but one thing I know for sure is:
Tax year starts on april 1st in India. If one stays atleast six months starting that date, he is still considered NRI. Hence say if you deposit 40,000 USD in SBI on may 20th...and return after october 10th, you are okay. No tax in that year..but if you came back before the six month, then there is some tax that you have to pay.
NON - RESIDENT STATUS UNDER THE INCOME TAX / WEALTH TAX ACT:
Condition Status
1. He is not in India for 182 days or more during the relevant previous year. >> If yes, then he is a non-resident.
(so check the next condition.)
2. He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during the 4 years prior to the previous year. >> If yes, then he is a non-resident.
RESIDENT BUT NOT ORDINARILY RESIDENT (RNOR)
Condition
Status
1.
He is not a resident, as per the above provisions, for at least 9 out of 10 previous years prior to the previous year under consideration.
>>
If yes, he is RNOR
2.
His stay in India during the 7 previous year prior to the previous year under consideration should not be 730 days or more
>>
If yes, he is RNOR
http://www.nritaxservices.com/who_nri_fema.htm
To the bro who suggested I rather stay here than go back..well I work as a consultant thro a vendor hence that is not an option (thanks to the new memo).
Given the market is so hot in India right now and here new policies are made to make our life tougher, only makes one's consideration to move back stronger.
I will call up SSN office today and check out how much more is remaining of the 40 Q for me...will try and do that.
On RONR, I will find out and post here when I have any confirmed updates - but one thing I know for sure is:
Tax year starts on april 1st in India. If one stays atleast six months starting that date, he is still considered NRI. Hence say if you deposit 40,000 USD in SBI on may 20th...and return after october 10th, you are okay. No tax in that year..but if you came back before the six month, then there is some tax that you have to pay.
NON - RESIDENT STATUS UNDER THE INCOME TAX / WEALTH TAX ACT:
Condition Status
1. He is not in India for 182 days or more during the relevant previous year. >> If yes, then he is a non-resident.
(so check the next condition.)
2. He is not in India for 60 days or more during the previous year and he is not in India for 365 days or more during the 4 years prior to the previous year. >> If yes, then he is a non-resident.
RESIDENT BUT NOT ORDINARILY RESIDENT (RNOR)
Condition
Status
1.
He is not a resident, as per the above provisions, for at least 9 out of 10 previous years prior to the previous year under consideration.
>>
If yes, he is RNOR
2.
His stay in India during the 7 previous year prior to the previous year under consideration should not be 730 days or more
>>
If yes, he is RNOR
http://www.nritaxservices.com/who_nri_fema.htm
more...
ivar
11-12 02:43 PM
Is there a conspiracy, first there was delays in the processing of the EADs, now there is delay in the production of the EAD cards...
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
Why every discussion has to end with donate - why donate? What IV has done so far? Where the money goes? EB2 vs EB3... etc. Stop hijacking threads.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
Are there more RFEs happening too?
My EAD renewal took almost 90 days to get approved, and my employer was ready to let me go if I did not get the approval before my EAD expired. Just made it with 2 days to spare.
Why every discussion has to end with donate - why donate? What IV has done so far? Where the money goes? EB2 vs EB3... etc. Stop hijacking threads.
By the way, the title of this thread is of no good. Don't give such title to generate clicks, your post is not a media news site to give misleading titles to generate clicks. "Whats happening with EAD delays" would have been more appropriate.
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texcan
08-23 02:19 AM
TSC applied july 2nd..still waiting..no update not even checks cashed.
more...
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sheela
10-07 06:57 PM
Are there any restrictions on accepting salary-hike or salary-drop after 180 days. If so, upto what % increase/decrease is okay while changing jobs.
Please, share your thoughts.
PS:Just before filing my AOS I had promotion offer but HR/attorney said title and salary needs to be same as in LC or else it may jeopardise gc process. The max salaray increase allowed to me was 8%.
I understand after 180 days we are free to accept 'similar' jobs but how about salary increase or worst si, if salaray drops
Please, share your thoughts.
PS:Just before filing my AOS I had promotion offer but HR/attorney said title and salary needs to be same as in LC or else it may jeopardise gc process. The max salaray increase allowed to me was 8%.
I understand after 180 days we are free to accept 'similar' jobs but how about salary increase or worst si, if salaray drops
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Lou_Sifffer
04-17 11:12 PM
First, Don't call me Dude. If I'm not allowed to call you Sparky, you can call me Lou, or Mr Sifffer.
Just because this is a design forum do not assume everything here is related to design.
Assuming is wrong. You assume way too much.
Just because this is a design forum do not assume everything here is related to design.
Assuming is wrong. You assume way too much.
more...
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LostInGCProcess
11-10 04:30 PM
LostInGCProcess,
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.
For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.
I suggest you consult a good immigration attorney.
The only reason I want to still enter on H4 is that my H4 is stamped until 2010, hence why not use it and save money and hassle on AP entry. As you have said that working on EAD immediately invalidates the H4 status. This is OK for me, but at least I have avoided the AP procedure stuff. Plus the primary applicant is on H1 and hence we both can enter on H1 and H4 respectively rather than one entering on H1 and the other on AP. Let me know if this clears your doubt and if so, can you think this would work out. Also, if you can, please respond to my other questions
Thanks,
There is no hassle when one enters on AP. You can continue to be on H1 and enter on H visa, and your wife can work on EAD and enter US using AP.
For all the questions that you have posted, the simple logic to follow, is once you use EAD, your H4 is invalid. Once you travel abroad and want to re-enter with H4 status, you are basically stating that you are going to comply with the immigration rules pertaining to H4 status. And then after entering you want to use EAD, then it would invalidate H4.
I suggest you consult a good immigration attorney.
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sracharla
08-22 08:27 PM
Hi,
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
I got my EAD today...Even i received my Wife EAD also...Mine is sent to NSC on july 2nd...I received EAD's from Texas Center...I think my application was transferred to Texas...I have approved I-140 from Texas...Are receipt numbers for EAD, 485, AP are in serial? I haven't received receipts yet...I filled G-28...my attorney did not receive my receipts...I don't know what is going on...
more...
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sanju_dba
08-04 12:19 PM
Kumar1,
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.
where can i validate this
"Yes, extended H1-B is no longer valid after that. You simply can not fall back on that."
My attorney said, h1 will last till its expiration but cannot be renewed after 485 denial.
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grupak
11-20 06:46 PM
My plan is making the following
Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor
Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.
Any other thoughts from your side would help.
Suggestion: Let Corporate America handle H1B quota. They don't need our help. Tying up H1B with GC is only hurting us. We are in IV for GC issues.
Movie - A full length feature with characters that represent our life (includes H1 to GC process) in US with humor
Documentary - A professional documentary on our issues like H1 quota problems, GC backlog processing etc.
Any other thoughts from your side would help.
Suggestion: Let Corporate America handle H1B quota. They don't need our help. Tying up H1B with GC is only hurting us. We are in IV for GC issues.
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bestia
08-14 03:53 AM
hopeful gc for this insight.
we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?
....
I would suggest creating some /dev/null thread, so anybody can just post irrelevant stuff there. If people want just chat, let them chat...
we have been through this numerous times now on threads that can no longer be counted. may i request you not to create new threads for discussions that are already taking place in every conceivable corner of this forum?
....
I would suggest creating some /dev/null thread, so anybody can just post irrelevant stuff there. If people want just chat, let them chat...
EkAurAaya
11-28 07:27 PM
Got the approval notice today :) "Welcome to the United States of America" - ironically i have been in this country for a decade now! finally the "welcome" :)
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
It has been a very long journey!!! and a very frustrating one for the last few years... but the feeling that I now get is really liberating... first thing I did was thanked God for ending the seemingly endless wait that me and my wife (she didn't care as much) were in.
I'm already thinking of the things I want to do after this new found liberation... it includes showing the middle finger to those who have taken undue advantage of my status :cool: :D and i'm not taking it anymore... I'll be a new person starting Monday!
Just so there is no confusion... my PD was Feb 2003 EB3 but my wife's PD was EB2 April 2004... we got our freedom through her application. If anyone needs more info on how/what/when - i can share that (it had its up's and downs - mainly downs, but all's well that ends well)!
Lastly as a token of my real support to the cause of IV I will be donating a small amount. I have donated in the past... I have participated in conversations in the past... I was not so active on other fronts but I truly believe in this organizations effort to help the community. And God willing each one of you will get this freedom soon! God Bless!
Winner
05-01 03:37 PM
Winner, Could you or somebody please inform the blog owner of the issue (I am not visting that site again :eek: :mad:). I lost a day due to the virus, don't want anyone else to experience that... this was a pretty nasty virus. Be warned & very careful out there guys!!
Sorry, I did not know about the virus when I posted the links. I did not have any issues both from my home computer and work computer. Anyways, as soon as I learned that some of you are having issues, I did remove the links.
I've also posted a comment on the blog re: virus.
Sorry, I did not know about the virus when I posted the links. I did not have any issues both from my home computer and work computer. Anyways, as soon as I learned that some of you are having issues, I did remove the links.
I've also posted a comment on the blog re: virus.
