maverick6993
08-26 10:13 AM
World's Most Successful Immigrants: Immigrant Bosses Around the World - BusinessWeek (http://images.businessweek.com/ss/09/08/0821_most_successful_immigrants/1.htm)
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the_immigrant
01-26 04:36 PM
Hello - I have a unique situation. I'm currently in the US on H1B, and my fiance is in India working for a reputed software company. We are planning to get married by end of April.
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
I want her to come to US on a work visa (hopefully H1B). I got to know that to make the FY09 H1B cap, she has to apply for H1B on Apr 1 2008, and wait till Oct 1 to travel if her visa gets approved. But since we are getting married by end of April, I don't want her to stay in India till October while I'm here.
The other option I was thinking was to apply for her H1B on Apr 1, but still go ahead and apply for H4 in early May, so that she can travel on H4 in May. And once her H1 is approved, she would already be in the US and can start working from Oct 1. Is this possible? Will this plan create any problems for her H4 or H1 visa application?
If the above does not work, what are my other options? If I miss the Apr 1 2008 deadline, the next earliest she can apply for H1 is Apr 1 2009, and work from Oct 1 2009 - and I don't want to wait that long.
Another option is to get married before Apr, get her to US on H4 before Apr, and apply for change of status to H1 on Apr 2008. But the marriage plans for Apr is made and to push the dates back would not be easy.
Any help in this matter is appreciated.
Thanks in advance,
dvb123
09-07 11:58 AM
Other gurus can answer in a detailed manner. I am going to very short. Chinese Eb3 have filed for an injunction stating that they need to be allocated visa numbers because in 2008 and 2009 they were overlooked because DOS could not count the inventory of EB3 properly.
DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.
Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction
Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.
DOS replied that this kind of injunction would harm other countries ppl. DOS is allowed by law to make reasonable estimates in progressing and degressing priority dates. If some ppl are left behind they cannot do anything.
Here is the part of the law which states that DOS has the authority to do reasonable estimates of priority dates and this is what was stated in the DOS response to the injunction
Congress has expressly
provided that in allocating visa numbers, the Department of State may “make reasonable
estimates.” 8 U.S.C. � 1153(g). In relevant part, Section 1153(g) states:
For purposes of carrying out the Secretary’s responsibilities in the orderly administration
of this section, the Secretary may make reasonable estimates of the anticipated number of
visas to be issued during any quarter of any fiscal year . . . and to rely upon such estimates
in authorizing the issuances of visas.
2011 Poster 1: Cute Cartoon
WeShallOvercome
07-27 01:54 PM
See this from FAQ1 released by USCIS itself
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
I think you'll only lose 1-2 weeks as far as your RD is concered..
Q6: What happens if an application is filed at the wrong Service Center?
A6. Forms I-485 should be filed at either the Texas or Nebraska Service Centers. However, through August 17, 2007 only, employment-based adjustment applications filed at the California and Vermont Service Centers will not be rejected and will be relocated to the appropriate Service Center. Filing at the wrong location could result in processing delays.
http://www.uscis.gov/files/pressrelease/EBFAQ1.pdf
I think you'll only lose 1-2 weeks as far as your RD is concered..
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eswaraprasad73
04-09 09:28 PM
Can anyone of you please clarify if we can file I-140 under premium process using Substitute labor.
I know that we can file I-140 under premium for the non-substitute labor, and I am not sure if we can file under premium using the substitue labor.
Awaiting for your response
Thanks
I know that we can file I-140 under premium for the non-substitute labor, and I am not sure if we can file under premium using the substitue labor.
Awaiting for your response
Thanks
kirupa
09-19 11:19 PM
If you really don't want to use the DataGrid, you could just use a ListBox. Each ListBoxItem (you can edit the ItemsTemplate) could be a textbox with a series of comboboxes inside it. That will give your users the illusion of having a scrolling list of items that they can enter values into.
:)
:)
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sunny1000
11-01 11:49 AM
Hi,
I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....
I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?
Have anyone done that before? May you share your experience whether it's successful or not?
As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.
Good luck!
I just graduated with a Bachelor Degree, and I am currently on H1B. I am so concerned about the 5 year backlog on EB-3, which will take more 10+ years to become a citizen....
I am thinking about getting an online MBA degree from an accredited school ASAP, and ask my employer to promote me to a position that require an MBA, ex. manager. (I think it's not a problem in a small company) Will I be able to get into the EB-2 line?
Have anyone done that before? May you share your experience whether it's successful or not?
As long as your job (for which you are applying for the GC) requires it and you are qualified, you can apply in EB2 category. BTW, the 5 year wait is for ROW and not for over-subscribed countries such as India, China, mexico etc. Hopefully, you are from a ROW category country.
Good luck!
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Ann Ruben
06-30 07:05 PM
In order to be able to finally adjust status when your priority date become current you must either maintain a continuously valid advance parole or H-1 visa. Alternatively, you could file an I-824 requesting that your approved I-140 be transferred to the National Visa Center so that when your priority date becomes current you can apply at the US Consul in Canada for your immigrant visa.
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sForever
09-22 04:21 PM
One simple question to which I get different answers from different attorneys. I currently have US MS + 5 years of experience & working as Project Manager.. When I filed for EB-3 (in 2008) I had MS + 2.5 years of Experience and the role was Software Engineer
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
When changing from EB3 to EB2 (same Employer), experience with the same employer is considered only when the job duties are >50% different from the existing job.
Attorney 1 says: It should be >50% different from the EXISTING/CURRENT job that you are working on.. For e.g. if you were developer when filing EB-3 and now you are project Manager (which is more than 50% different in my case), you can't file EB-2 for a Project Manager
Attorney 2 says: It should be >50% different from the job description that was used while filing EB-3 labor certification. This lawyer says you can file, because PM is different than developer (which was filed for in EB3 labor)
Who's correct?
hair Super-cute cartoon bunny
chaganti
08-29 07:09 PM
Hi,
Your employer need to submit company's Previous year W2 and also it is better to submit ur w2(couple of years).
Thanks,
AC
Your employer need to submit company's Previous year W2 and also it is better to submit ur w2(couple of years).
Thanks,
AC
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needhelp!
01-14 12:45 PM
No you are not required to file a separate petition for your husband. When your sister files the I-130, she needs to put your husband's name on the same form.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
When you file DS-230, Each family member that is eligible to travel to the United States with you under this visa classification is required to complete the DS-230 Part I. So separate DS-230 are required for you and your husband.
1. If you are a U.S.citizen you must file a separate Form I-130 for each eligible relative. You may file a Form I-130 for:
A. Your husband or wife;
B. Your unmarried child under age 21;
C. Your unmarried son or daughter age 21 or older;
D. Your married son or daughter of any age;
E. Your brother(s) or sister(s) (you must be age 21 or older);
F. Your mother or father (you must be age 21 or older).
If your relative qualifies under paragraph 1(C), 1(D), or 1(E) above, separate petitions are not required for his or her husband or wife or unmarried children under 21 years of age.
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greencard_fever
06-25 06:09 PM
Hi All,
First of all Congrats! to all people who are eligible to file 485 in july..
i have strage problem..i am not weather its a problem or not..i have filed my GC in 2004 December and you all know that after that the BEC process came in every thing went to BEC's..and i had no hope on that file and i asked my employer to process my GC under PERM process in 2006 april and i got the Labor and I-140 approved in 6 months...and mean while i got the 2004 labor approved in Feb 2007 and asked my employer which one will be the best and he recommended me apply for I-140 for 2004 labor and wait untill the dates become current and he was expecting the 2004 will become current...so we have applied for I-140 for 2004 labor on May 1st 2007 and the status is pending...now my questios is..
1) Is there is any problem if i use the 2004 labor and apply for I-485.
2) When attorney file for I-140 did they mention any where in that forms that i do not have any immigration petiton has been submited before?
3) If they mention no (miss communication) and applied for I-140 for 2004 labor but in fact there is a petition (I-140) submited for me for my 2006 labor.will this be a problem for my 485 approval?
4) which one will be the best for me to use now 2004 or 2006?
5) I spoke to my attorney on this and he said as long as you have not filed for 485 for 2006 labor then there is no harm.But i am concernet about that if my attorney (2004 labor) mentioned that i have not submited any immigartion petition when he filed for I-140,which is not correct since i have appled for I-140 for 2006 labor will that be a problem for my I-485 process?
you help on this is greately appreciated
Thanks in advance!
First of all Congrats! to all people who are eligible to file 485 in july..
i have strage problem..i am not weather its a problem or not..i have filed my GC in 2004 December and you all know that after that the BEC process came in every thing went to BEC's..and i had no hope on that file and i asked my employer to process my GC under PERM process in 2006 april and i got the Labor and I-140 approved in 6 months...and mean while i got the 2004 labor approved in Feb 2007 and asked my employer which one will be the best and he recommended me apply for I-140 for 2004 labor and wait untill the dates become current and he was expecting the 2004 will become current...so we have applied for I-140 for 2004 labor on May 1st 2007 and the status is pending...now my questios is..
1) Is there is any problem if i use the 2004 labor and apply for I-485.
2) When attorney file for I-140 did they mention any where in that forms that i do not have any immigration petiton has been submited before?
3) If they mention no (miss communication) and applied for I-140 for 2004 labor but in fact there is a petition (I-140) submited for me for my 2006 labor.will this be a problem for my 485 approval?
4) which one will be the best for me to use now 2004 or 2006?
5) I spoke to my attorney on this and he said as long as you have not filed for 485 for 2006 labor then there is no harm.But i am concernet about that if my attorney (2004 labor) mentioned that i have not submited any immigartion petition when he filed for I-140,which is not correct since i have appled for I-140 for 2006 labor will that be a problem for my I-485 process?
you help on this is greately appreciated
Thanks in advance!
more...
house A cartoon goldfish looking
cooler
01-15 12:45 PM
Since when has more money than the prevailing wage been a problem?
If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.
As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney
If they pay you via a check to the company you own, then they will be paying for services rendered. They will not be paying employment taxes(SS+Medicare) on that check amount. You will end up paying Self employment taxes amounting to 15.2% on this amount instead of the 7.6% had it been part of your W2.
As far as the impact to the GC process. I dont think the excess amount should be a problem, but pls confirm with an imm.attorney
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jliechty
December 22nd, 2003, 03:37 PM
Fuji's $22,000 medium format digital back. About $1,000 per megapixel. Click Here (http://www.fujifilm.com/JSP/fuji/epartners/PREventDetailPage.jsp?DBID=NEWS_547213&CAT_ID=-1007).
That, of course, is without the body and lenses necessary to make it fully functional. I'd rather just get a 10D with a few good lenses and a nice used vehicle (not car, probably SUV, so I can haul around the 10D, my current film SLR, lenses, tripods, other camera accessories... and don't forget that 4x5 view camera). ;)
That, of course, is without the body and lenses necessary to make it fully functional. I'd rather just get a 10D with a few good lenses and a nice used vehicle (not car, probably SUV, so I can haul around the 10D, my current film SLR, lenses, tripods, other camera accessories... and don't forget that 4x5 view camera). ;)
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pictures hot Goldfish cartoon 3D
Hope_GC
03-12 09:52 PM
Great Job Mark.
Incredible, Appreciate your continuing efforts after getting Green Card.
Incredible, Appreciate your continuing efforts after getting Green Card.
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Waitng4GC
03-25 09:32 AM
it is around $27 and I got both H1 and EAD.
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nda050325
03-16 09:39 PM
fromnaija and FinalGC
Thank you very much for your replies.
Thank you very much for your replies.
girlfriend 18 cute cartoon icon rounded
rkoliparthi
08-07 09:47 PM
Hi Guys,
I have few questions.
I applied my Greencard under EB-3 Category and my labour was approved on Jul'2007. My priroity date is 25th June'2007.
Applied I140 & I485 concurrently and I140 was approved on Sep2007. Both myself and my wife got EAD's. Currently my wife is on EAD and still I am on H1-B.
Now I got another offer from fortune consulting company and I am planning to shift by using H1B transfer.
Steps to take care
Offer letter should contain same job title and same job duties. What else do I need to take care?
Some of my friends told not to submit AC21 and some of them told me to submit AC21 without fail.
Can my company withdraw my approved I140(was approved 2007) is it possible to do that?
Please let me know. I am in a very confused state weather to accept new offer or not.
Appreciate your comments.
Krishna
I have few questions.
I applied my Greencard under EB-3 Category and my labour was approved on Jul'2007. My priroity date is 25th June'2007.
Applied I140 & I485 concurrently and I140 was approved on Sep2007. Both myself and my wife got EAD's. Currently my wife is on EAD and still I am on H1-B.
Now I got another offer from fortune consulting company and I am planning to shift by using H1B transfer.
Steps to take care
Offer letter should contain same job title and same job duties. What else do I need to take care?
Some of my friends told not to submit AC21 and some of them told me to submit AC21 without fail.
Can my company withdraw my approved I140(was approved 2007) is it possible to do that?
Please let me know. I am in a very confused state weather to accept new offer or not.
Appreciate your comments.
Krishna
hairstyles of little goldfish cartoon
Blog Feeds
02-08 06:10 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
http://www.immigrationvisaattorneyblog.com/flag_CNMI.gifAll immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles' Fong & Chun are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).
On 28 November 2008, "the United States" as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here's the cute part:
Because the CNMI will become part of the "United States" as defined by �101(a)(38) of the INA, "residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered "to be present in the United States without inspection, by operation of law."
Will these PWIs (present without inspection) be eligible to adjust status? Unclear? Are they working "abroad" for purposes of L visas? Yes, as it turns out. One thing is clear: Legal Permanent Residents (so-called "green" card holders) who wish to base a naturalization application based on physical presence in the CNMI will NOT be able to do so for pre-29 November 2009 periods of time. Isn't this esoterica fun? --jcf
More... (http://www.immigrationvisaattorneyblog.com/2010/02/the-usa-is-bigger.html)
dbzfan33
10-14 12:39 AM
ok
gc_chahiye
06-20 08:46 PM
Hello,
I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.
THought I should share this information
yes, thats because when filing I-485 you are 'promising' to join that company when you get your GC. How can you promise that to two companies at the same time.
However could you ask about being primary applicant on one petition and secondary on another (cases where both spouses are working, they can file two AOS and if either spouse decides to stop working for some reason the other application continues, the first can be withdrawn). This one is a grey area. Not illegal, but apparently at some point USCIS will ask you to pick one of the two. In this current mess where some companies/lawyers are promising to file, but may not do so in the end, better to give both choices a good shot, and hope atleast one gets through.
I spoke to my lawyer today and she made it very clear that it is ILLEGAL to file more than one I-485 for one applicant (from 2 diff companies). USCIS will immediately ask you to make a choice.
THought I should share this information
yes, thats because when filing I-485 you are 'promising' to join that company when you get your GC. How can you promise that to two companies at the same time.
However could you ask about being primary applicant on one petition and secondary on another (cases where both spouses are working, they can file two AOS and if either spouse decides to stop working for some reason the other application continues, the first can be withdrawn). This one is a grey area. Not illegal, but apparently at some point USCIS will ask you to pick one of the two. In this current mess where some companies/lawyers are promising to file, but may not do so in the end, better to give both choices a good shot, and hope atleast one gets through.
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