spicy_guy
08-11 12:09 PM
Pappu: Can we do anything about it? It does seem to be a good bill.
If voting on the website really has any impact, why can't we do it?
If voting on the website really has any impact, why can't we do it?
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punjabi
08-13 11:12 AM
I personally think we should try to encourage new people to open new threads, and not discourage them. This way, they also get a feeling like they own ImmigrationVoice and they are the part of it.
Unless there is already an active thread, we should not mind if someone opens a new thread!
Unless there is already an active thread, we should not mind if someone opens a new thread!
nixstor
02-23 04:22 PM
AFAIK States that do not have state income tax do not let H4 visa holders pay instate and make Green Card as a requirement for instate qualification.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
WA state is a good example of the above situation. I don't know about TX,FL,SD,NV,AK,WY which also do not have state income taxes. You might want to look at the instate qualification website for the state you are interested in.
MD doesn't allow instate
DC has no instate concept at all :)
VA,NY,CA,MA,IL allow instate as of my knowledge.
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waitin_toolong
04-28 09:16 AM
that provision was only during the fiasco, you can efile and should send the documents as requested.
more...
clear485
03-27 01:07 PM
http://www.uscis.gov/files/nativedocuments/245(k)_14Jul08.pdf
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
The adjudicator must only examine the period from the date of the alien�s last lawful admission to the United States and must not count violations that occurred before the alien�s last lawful admission.
http://smithgarg.com/article-overcoming-violations.aspx
Fortunately, the ameliorative provisions of INA � 245(k), discussed above, also apply to cases of unauthorized employment and violations of nonimmigrant visa terms. Thus, for many foreign workers seeking a green card, unauthorized employment or visa violations occurring for less than 180 days since the last lawful entry will not act as a disqualification for adjustment of status.
Above documents are good....but have one concern here....let us assume....
Since last entry this person maintains status and filed I-485 at some point....But he might submitted experiance letter that includes these 4 months to support his experiance....right...
Will it be a problem ?
perm2gc
07-27 03:11 PM
Hello Gurus,
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
1. MTR process takes one year.
2.If you have EAD you can work,otherwise you cannot work.
3.No unless your spouse also has no EAD.
I am a first timer posting in this fantastic forum.
I am in a very confusing situation wherein I need your help
EB2 priority date: April 2007
I 140 approved.
I 94 expired in August 2010
So, I applied for 7th year H-1B extension in February and I got a RFE with the query to prove that I am working at the client's place.
I submitted all the documents except for the client's letter. Yesterday, I got a denial mail for which I dont know the exact reason.
I am presuming its related to the client's letter.
My lawyer said that we can open a MTR within 30 days.
What are the options and todo list I have?
1. I have a very good rapport with the client and I can get the client's letter.
If I get it, how long will it take to approve my case?
2. I am still working. Is it legal if I work as long as the appication is being processed.
3. Once I get my EAD, will it matter if H-1B gets rejected?
Please help me!
1. MTR process takes one year.
2.If you have EAD you can work,otherwise you cannot work.
3.No unless your spouse also has no EAD.
more...
fromnaija
02-02 05:15 PM
Even if you could, that labor certification already expired!
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lacrossegc
12-21 01:20 PM
Its in the Visa Bulletin itself
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".
Fourth: Certain Special Immigrants: 7.1% of the worldwide level.
Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
more...
texcan
02-21 12:03 AM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
-a
Lawyers are the sole reason for these confusion, you cant have lower pay than what is mentioned in LCA; you cant have higher pay than what is mentioned in LCA....
I bet you a lawyer can and will justify both rules, why because this is what they do....;-)
USCIS rules are such a mess.....god help us all.
on lighter note...
One other easier solution is "you promise to pay extra money to "desi_hydrabadi"
issue solved...your salary matches LCA...desi_hydrabadi gets more money his salary matches LCA....
both get GC...
relax and live hapily....
Just kidding man, donot think too much about it...i was worrying about this issue ( higher pay than LCA)...i did worry for quite a while and
a good friend said donot worry ...something will take care of it...
needless to say he was right...(economy did take care of issue for me...).
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Savi
07-07 09:47 PM
And here is the answer (unless I haven't digged back far enough!)
http://immigrationvoice.org/forum/showthread.php?t=5990
BTW, I am curious as to who first proposed this idea.
http://immigrationvoice.org/forum/showthread.php?t=5990
BTW, I am curious as to who first proposed this idea.
more...
johnamit
07-27 03:49 PM
So if you run this query: select (current date - 26 days) + 180 days from sysibm.sysdummy1
you will get "12/28/2007"
So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.
you will get "12/28/2007"
So lets say Jan 1st to be on safe side, so this new year eve we can celebrate our independence from H1b employer. I marked on my calendar Independence day for me and lot of IV friends.
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SEP03NY
08-15 02:57 PM
one of my friend file I485 on 30th July, he got receipt notice. They
have mention received on 2nd July.
have mention received on 2nd July.
more...
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BornConfused
07-03 11:01 AM
LOL!
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.
You are missing the point! Those flowers aren't meant for them! It is to show our protest in a unique way that will attract attention from the media! Till date there are only 3 websites that I have come across that covers this fiasco... Don't you want our plight announced in the media???
It may not make a difference today... but it will definitely make a difference tomorrow if we keep it up. Let the public know more about this broken immigration system. Raise awareness about every pain that we go through!
Of course I want this in the media, it SHOULD be in the media, it's pathetic that it isn't. Shows how little they care about new immigrants considering how most of us are very skilled workers and deserve this.
I am sending a message to my local fox news and if I have time maybe I will mail other news media at their websites-just to inform them about this. THAT is better than sending USCIS flowers. And it's still a Ghandi-esque protest.
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clockwork
02-02 06:15 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
more...
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rb_248
03-31 03:19 PM
Thanks all for your help and great inputs. IV has helped me a lot.
I wish you all the best ...
TKs, GG
Congrats. Don't lose it. Enjoy your freedom.
I wish you all the best ...
TKs, GG
Congrats. Don't lose it. Enjoy your freedom.
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tharu
06-29 12:32 PM
Hi Ms Martin,
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
Thank you for your information. I understand that as long as my old visa expired and I get entry to US on my new approved extension visa (assuming that it is approved while I am away from US) it goes good.
What if my visa pettion gets dragged and I enter with my AP, after the expiry of my old visa. Is the extension pettition still good? If it is approved after i enter US, can i use the new visa ofcourse after getting out of US and get it stamped in a overseas consulate.
more...
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s416504
10-11 03:47 PM
I recently filed 3 year H1B extention and My lawyer asked me following list of things ...
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
a. a copy of your updated CV/resume.
b. Copy of your earlier H-1B and I-797 approval
c. Copy of your I-140 I-797 approval notice.
d. Copy of I-485 I-797 fee receipts for you and each family member.
e. Very clear copy of each family members' passports ID/expiration page (preferably color).
f. Very clear copy of each family members' most recent US visa (preferably color) and their I-94s.
g. Copy of EAD and advance paroles for you and each family member.
That indicated USCIS may be looking at I140 as well as I485.
So there is no clear cut answer for your question. I guess Your H1B extention could be risky..
Other question for you... You said Your I140 approved in Jan-2009 & job changed in Feb-2009.
I am not sure, For AC21, 180 days counted from I140 approved date OR I485 filed date. If that's from I-485 filed date, Looks you are safe for your H1B extention.
I still advice you to use well know attorney (Khanna/Murthy) for this type of critical questions.
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smisachu
12-13 03:59 PM
Another thing is whay do you want to get into EB2???:confused::confused:
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
Did you not see the Jan 08 bulletin? EB2 India is behind EB3 and on the brink of the last century:mad::mad:
Of course this is assuming you are from India, if you are not; then 3 cheers for you. Study up and move out of the GC mess.
I'm thinking about pursuing maser degree of Biostatistics.
I heard the job market demand is high and
most jobs require master degree at least.
As a research assistance, biostatistician, research analyst..
Could I apply as EB2 ?
Am I qualifed?
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needhelp!
04-10 05:27 PM
Please continue to post bugs and suggestions.
dsohere
01-23 08:55 PM
Hi,
Have you been fully admitted to the new school? If so, the DSO at that school should contact the SEVIS Helpdesk for instruction on getting your SEVIS record transferred. And as long as that is in the works, you're fine. You should be able to go to the new school no matter what the status of of your SEVIS record. If you have been admitted to another school and requested to transfer, then you have done everything correctly. It will likely take them some time to deal with all the SEVIS records of all the student, but this issue was beyond your control, and in my experience students are not penalized for these type of situations.
This must be quite a stressful situation for all TriValley students. I wish that SEVP would contact all the students or post some message making clear to all students about exactly what they should do, especially if they are currently working, and to other schools about how they should handle the transfers.
Please post again about how it all works out and I wish you the best in getting settled into a new school.
all the best,
LK
"Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya[/QUOTE]
Have you been fully admitted to the new school? If so, the DSO at that school should contact the SEVIS Helpdesk for instruction on getting your SEVIS record transferred. And as long as that is in the works, you're fine. You should be able to go to the new school no matter what the status of of your SEVIS record. If you have been admitted to another school and requested to transfer, then you have done everything correctly. It will likely take them some time to deal with all the SEVIS records of all the student, but this issue was beyond your control, and in my experience students are not penalized for these type of situations.
This must be quite a stressful situation for all TriValley students. I wish that SEVP would contact all the students or post some message making clear to all students about exactly what they should do, especially if they are currently working, and to other schools about how they should handle the transfers.
Please post again about how it all works out and I wish you the best in getting settled into a new school.
all the best,
LK
"Now I am worried because until they release our sevis, the admissions in other colleges will meet deadline and what happens if they no more take admissions. Do you have any idea how long can it take for them to release our sevis ? Will it be safe for students like me hereafter to work fulltime on CPT ?
Thank you
Chaitanya[/QUOTE]
BimmerFAn
06-23 06:48 PM
I you're right about that! At least that takes all this immigration stuff off my plate. It would be nice not to have to worry about having to go back to a country I don't even know anymore. I came to the US (legally) when I was 10 and now im approaching my mid 20s. I don't think the DREAM act if passed would even apply to me.. which is BS but that's another discussion all together.
Anyways... I would still like someone to give me a more definitive answer about possibly qualifying for EB2. My impression is that since most people my level have a Masters and it was an implied requirement that could be substituted with a Masters equivalent than wouldn't it stand to reason that I have a great shot at EB2. It's impossible to get a CPA License in my state without having a Masters in accounting or a Bachelor's degree ant 150 credits + experience. It's not "unskilled labor". The CFA is even crazier.
Anyways... I would still like someone to give me a more definitive answer about possibly qualifying for EB2. My impression is that since most people my level have a Masters and it was an implied requirement that could be substituted with a Masters equivalent than wouldn't it stand to reason that I have a great shot at EB2. It's impossible to get a CPA License in my state without having a Masters in accounting or a Bachelor's degree ant 150 credits + experience. It's not "unskilled labor". The CFA is even crazier.
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