breddy2000
03-09 09:09 AM
Wow,
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
at first glance it seems 245(i) is kicking in real hard.
Look at EB-3 numbers for Mexico, Phillipines, Pakistan, South Korea, Guatemala, Brazil, Equador, Peru, Poland, El Salvador, Bolivia, Ecquador,
Compare this with H1-B data and you'll see what I mean.
Also EB-1 seems unusually high at ~37,000
EB-1 is even higher than EB-2
isn't that unusual?
I think most of the EB1 category for India is being used up by the L1-A visa holders who are Multinational Executives.
The place I work has so many people from Big Indian companies and they have applied in EB-1 category and got their GCs in less than a Year.
I strongly feel L1-A visa holders shud not be put in EB-1 category.
What do you think.
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Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
willigetagc
08-18 11:22 PM
I did B.E in Computer Science Engg, 4 yrs Course.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.
Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
I have no idea why USCIS gave that reason. Actually, my company's attorney told that "USCIS denied H1B, because i don't have Computers background and am working as a Programmer Analyst".
That's all i know at this moment. I don't know whom to trust at this point.
There should have been an evaluation of your degree by some "expert" here certifying that your degree is equivalent to a 4-year degree in CS here. I remember my first H1 petition had such an attachment.
Check with your lawyers quickly. Also, do whatever you can to protect your status. If you get some illegal status on your records now, it will be a nightmare when you apply for a GC. Then they will check all your entry/exit dates.
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pranju
05-25 05:43 PM
My passport is expiring next year how early i can apply my renewal,
I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.
Any idea?
I want to go to india to get my visa stamped, i donot want to get it stamped in my old passport.
Any idea?
more...
alterego
03-16 10:43 AM
I am not sure why folks make such a big deal about this. Just because one or two people had a nasty experience with an officer does not mean traveling on a valid AP document is a significant risk. For that matter if you try to reenter on H1b you could have problems. I have reentered the US on about 10-12 occasions over the years. On J1, On H1, On AP. Funny enough my worst experience was on H1b (that too just a mean officer demanding my petition documents..........not sure what he meant to this day) anyway.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
So the moral of the story is that travel out of the USA always involves a small element of risk, but that should not deter one from living their life.
As for the people who move on and work for another employer using A21, here too you are within the law, and if you are worried about it you can keep a copy of AC21 or a letter from your lawyer and your current employer along with your paystubs and your approved labor/140/filed 485 with you. Of course, you never present all that to the officer unless asked. And be polite and courteous, remember it is a privilege to enter this country, once we are citizens it will become our right.
Interestingly, one time when I mentioned that I reside in Michigan, the officer corrected me to say I was staying there and could use reside once my 485 was approved. To me it was semantics, but hey..........
Life is too short for stressing over things like this. You were granted AP for a reason.............to travel, unless something untoward happens with your 485 during this time(unlikely) not much is likely to go wrong at entry.
Happy travels folks, quit worrying so much and live your lives.
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Sakthisagar
11-09 01:21 PM
Good Media trick indeed,...infosys is giving money for this too???
If you see the cribbing happening just a visit from The US President to India.
If you see the cribbing happening just a visit from The US President to India.
more...
crystal
11-05 10:30 AM
Similar thing happened to my AP notice. I got all the notices properly including EAD. But my AP approval notice was sent back by USPS as undeliverable. USCIS sent the AP back to my lawyer along with USPS undeliverbale notice without any upate on the online status. Lawyer sent whole package back to me. I could see that address is correct. I have placed recepient names in the mail box long back so thats not the issue. USPS undeliverable notice was pasted on top of the returned mail. That was strange.
As I enquired further one of my friend wife FP notice also sent back like that , luckily his lawyer also got another one.
I am going to meet USPS personnel soon to find out what exactly the issue .
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
As I enquired further one of my friend wife FP notice also sent back like that , luckily his lawyer also got another one.
I am going to meet USPS personnel soon to find out what exactly the issue .
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
2010 A-sin” tại nhà Bin Laden
eadguru
11-01 04:56 PM
Hi eadguru
I too got query for AP to send clear copies of all data pages of PP,
where did you make color copies and how much it would be ?
Do we need to take all pages from the passport !
Thanks
I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.
I too got query for AP to send clear copies of all data pages of PP,
where did you make color copies and how much it would be ?
Do we need to take all pages from the passport !
Thanks
I did it in Kinkos, I took all data pages in color and empty pages in black and white. It cost me around $15. (For two people). I also included all I 94 Cards.
more...
baburob2
04-07 04:51 PM
Is H1/H4 renewal in Mexico also existing instead of homecountry?
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jaocanada
09-05 11:34 AM
Anybody traveling to DC from Pittsburgh?
more...
pvganesh
10-28 01:17 AM
Thanks again for your advice..
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
I have experience as 'systems analyst' continuously but job duties/responsibilities increased over last 7 years; during this time received multiple trainings, certifications, outstanding performer awards and traveled other countries for work etc. Will these help in proving 'progressive experience? My PERM requires Masters or 60 months of experience in any of the positions; programmer or IT analyst or systems analyst. Would it be sufficient in this case, if we can reflect progressive job duties in experience letters.
I have seen in many forum posts that affidavits from co-workers at client location (not colleagues) are valid, is this really true?
I'm planning to have a consultation with an attorney for a second opinion on this and discuss the strategy, how this petition should be filed, do you recommend?
Thanks in advance.
PVGanesh
hot A-sin” tại nhà Bin Laden
shirish
09-11 06:37 AM
Thankx for the info.
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
did you send ur 485 application directly to TSC or was it transfered to TSC?
EB2 - India - July 2005
RD - 7/26/2007
ND - 09/27/2007
Hard LUD on I-485 on 9/3/08 saying that RFE was sent on 9/2. RFE recvd on 9/8. Last date to reply RFE by 10/6.
Hope this helps
more...
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forgerator
08-20 02:18 PM
goel I know that, I have already done that twice in previous stampings at Canada. Each time I went a day before to the Scotia branch prior to my appointment. What concerns me is this statement.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
If you have already scheduled to attend an appointment through NVARS, please pay your MRV fee prior to September 1, 2010
My appointment is for Sept 8. To pay MRV fee prior to Sept 1, I need to be physically in Canada at a Scotia bank branch before Sept 1. Today it is Aug 20, and I still havent gotten my passport back in mail yet with Canadian visa stamped on it. My scheduled arrival in Canada is Sept 7 so I can take care of Scotia bank receipt prior to appointment. But their statement says, the fee needs to be paid prior to Sept 1.
See my point?
Btw this just came out I think yesterday.
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solaris27
10-01 09:11 AM
yes and yes
more...
pictures 11-1024x731.jpg
rjgleason
January 17th, 2005, 07:01 AM
Anders, good job on the hockey pics. I have a couple of questions.
Did the lighting necessitate your using ISO 1600? What was the lens you used? Monopod? What metering mode? Did the ice cause any problems?
The reason I am asking is that I recently did some boys and girls high school portrait shots and they want me to shoot some games. The lighting at the school's rink seems like I would not need ISO 1600 and still get to shoot wide open and high SS.
Here is the link for the portraits that I did shoot and would like your opinion: I shot these with the 1Ds MII and 85 1.2 (Should have had a better backdrop IMO)
http://www.rjgleason.com/gallery/thumbnails.php?album=7
Did the lighting necessitate your using ISO 1600? What was the lens you used? Monopod? What metering mode? Did the ice cause any problems?
The reason I am asking is that I recently did some boys and girls high school portrait shots and they want me to shoot some games. The lighting at the school's rink seems like I would not need ISO 1600 and still get to shoot wide open and high SS.
Here is the link for the portraits that I did shoot and would like your opinion: I shot these with the 1Ds MII and 85 1.2 (Should have had a better backdrop IMO)
http://www.rjgleason.com/gallery/thumbnails.php?album=7
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upuaut
11-02 03:41 AM
One could also EASILY put links in a picture via Flash. :)
Fireworks is good too.
Fireworks is good too.
more...
makeup 1-680x1024.jpg
meridiani.planum
03-14 02:04 PM
Last week out of a project..my desi consultancy sent me a termination notice(on H1 with this guy). 485 filed in July 2007. got EAD. I am looking for a project right now. Planning to join on EAD and look for a job.
What are my options? I am in status?
Thanks for your advice.
u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.
What are my options? I am in status?
Thanks for your advice.
u r in status of pending-AOS. So if you forget about H1 for new job and take it up on EAD, you are all set.
If you try to do H1 transfer and the gap from now to tha ttransfer is a lot, then they might not extend the H1 status and you'll need to leave and re-enter the US.
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goosetavo
11-13 05:43 PM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
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ksiddaba
08-22 03:23 PM
My questions:
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.
Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.
As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.
While on H1B can a professional engineer sign a design and plans offcourse for free. Say to a friend design and plan.
While owning this business one is free to sponsor and support other H1Bs. In other words, you can hire a h1B as well (like your spouse). This could be yourself, although that would be at some level unfair.
Incidentally, you could get a second H1B to work with your friend through a company that your friend set up to do this consulting work (if your original H1B employer lets you and you keep your original employment). You would have to go through the labor etc. Secondary H1Bs are suprisingly not uncommon.
As for just signing plans for free, and not being paid for it, but sharing in the profits resulting from the venture is pushing the "intent" of the law. I think what the USCIS wants to see is you taking a passive approach in the business (say giving up front investment) or making contacts available to the business or giving a talk or seminar to promote the business. Signing off a design would I think be considered as day to day operations of the business which would violate the intent of the law. But like all laws (esp. immigration ones) everything is a question of interpretation. You get a good lawyer to back you and you would be ok with how much you can get away with, within the law.
saint_2010
08-10 12:08 PM
Our checks didn't get cashed , neither we Got Receipt Notice .
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
:D
Man this is classic!...no wonder why senior members and mods suggest not to call USCIS...:D....please no pun intended...one for the weekend...!
The CSR told that we tracked that this is your 2nd call in 10 days - Is the reason of this call same or different. If the reason is same - Pl dont make a 3rd call before 60 days from July 2nd :eek:
Doesn't it gives the real status - what more we want ??
:D
Man this is classic!...no wonder why senior members and mods suggest not to call USCIS...:D....please no pun intended...one for the weekend...!
Law Loving Alien
10-25 03:36 PM
DUDES,
I appreciete your's feedback....but my PD is current as of now ( again it may retrogess in future...who Knows....) and please note I am not using subsititution labor approvals...
Do you still think converting I140 to premium processing would be worthwhile and would expediete whole process including I485.......
I appreciete your's feedback....but my PD is current as of now ( again it may retrogess in future...who Knows....) and please note I am not using subsititution labor approvals...
Do you still think converting I140 to premium processing would be worthwhile and would expediete whole process including I485.......
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