istrategist
03-25 10:13 AM
Thanks h1bworker! I had a call with their immigration lawyers
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
AC21 not an option since job descriptions are not similar - that in addition to the fact that EB2 app is for a different job.
The lawyer did bring up the fact that I will be taking a risk if I quit my current job and my GC gets approved or if I get an RFE before they can complete the interfiling. USCIS may push dates ahead in the last quarter (July VB) and my 10 year wait will be jeopardized.
My safest bet is to try to see if the employer will agree to start filing now and I join them when it 485 app is attached to new EB2...
Don't know if there are any other options - may post this as a separate question.
However, does filing AC21 (same or similar) cause a conflict with EB2 filing in this case? : Interesting question - here is my take - if you switch job you'll have to invoke AC21 portability to keep existing application alive. You may choose not to inform USCIS about the change in employment - another grey area.
Should they file and get I-140 approved and then only I should join them? : This may not be a viable option since filing for Labor takes 2 - 3 months (might be a lot quicker in your case as they are already doing the recruiting). Labor approval can take anywhere from 2 weeks to 1+ years and then I-140 prep and filing even in premium processing may take at least a month. Your new employer may not be willing to wait that long.
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gg_ny
09-18 06:33 PM
If you are referring to my earlier mail about NIH, it is not a university but an umbrella term for 12 + National Institutes of Health. The institutions are completely funded by and part of the federal government. If there are immigrant investigators working there as staff members, they should at least have GC already. But, postdocs and other 'glorified' staff positions require either J1, H1, EAD from NIH or employed in such visas by contracting staffing companies.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
If any IV member works in the university, could you find out if there are any Indian and chineese assistant professors that have joined in the recent past. Such people might have applied in EB2 through university and will be retrogressed.
Also pls get in touch with post-docs in your universities and inform them about IV. Hopefully some of them might be willing to help us with the interview.
[uber]
04-08 02:13 PM
interesting
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hxu191
02-11 10:04 AM
Yes, you can Travel as long as the H1 Visa Stamping in Un-Expired,
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
Hi Jerrome, my situation is similar to yours, changed employer, but I have no new I-94 on my new I-797. I don't understand why no freash I-94 for me. In this case, do you see any problem to re-enter the US with previous H1-b visa stamp (un-expired) and new I-797?
Thanks.
My scneario was i worked for employer A,
Had H1 visa stamping Upto Oct 2006.
Changed employer and H1B transfer with Extension.
Traveled to India returned, While returning Showed the New 797 to the Officer and Got the I-94 for the new date. No problem.
Please carry just in case your new employer employement verification letter and latest paystub. Most of the time it is not necessary but just in case.
Hi Jerrome, my situation is similar to yours, changed employer, but I have no new I-94 on my new I-797. I don't understand why no freash I-94 for me. In this case, do you see any problem to re-enter the US with previous H1-b visa stamp (un-expired) and new I-797?
Thanks.
more...
slowwin
05-28 07:10 PM
.......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.
I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.
thanks,
slowwin
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.
I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.
thanks,
slowwin
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
sam_hoosier
11-27 01:34 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
EAD gives you more negotiation power. Most companies are willing to negotiate on one or two things while making an offer e.g. salary, bonus, vacation, H1B/GC etc. If you take out H1B/GC out of that mix, chances of negotiating on salary are higher.
more...
english_august
09-17 09:07 AM
All of you who are in DC today and tomorrow...please keep sending updates to either media_at_immigrationvoice.org or at legalimmi.dcrally_at_blogger.com.
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EB3_SEP04
06-30 09:51 AM
Quetion 11 on the EAD form 765 asks:
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!
Have you ever before applied for EAD from USCIS: Yes
"Which USCIS Office?" : ??????????????
how can i find out which USCIS office my prev (first) EAD application was sent to? I'm a July filer, when i applied for 485 and EAD i lived in NJ and my employer was in NJ as well. The receipt notice of EAD application came from California Service Center. and there is nothing on the EAD card about which office it was approved by. The 485/EAD/AP all was filed by my employer's attorney, they will not respond to my questions anymore. i don't think i have copy of the EAD application send last year july. Anybody got older version of I-765, older than "7/30/07" edition?
What to write? folks, please respond ASAP, i plan to file on Monday(6/30) morning.
Thanks in advance!
Folks please share your opinion/experience about "WHICH USCIS OFFICE" the last EAD application was filed to if you lived and worked in NJ. Thanks!
more...
Jaime
09-06 04:49 PM
I have worked in Europe for 4+ years and i can say that life in US and Europe is the same (cost of living is higher in Europe but social security is better). I was seriously considering a move to UK (despite racism) to gain job/life freedom for me and my family. I have HSMP from UK and got a job offer that paid me better (including 35% raise in cost of living) than current US job with flexibility to change employment, also my wife could take up job any day she wants (unlike H4).
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
You are a poster child of the U.S. Reverse Brain Drain. Shame on Congress if the United States loses you and your family!
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rsharma
10-11 09:42 PM
Now that you have left your abusive employer, would you mind disclosing your ex-employer information?
Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.
I was with one of the major consulting companies from my native country.
Friend, this issue is not only with my ex employer. As far I know most of the major consulting companies based in my native country who bring in L1s do the same stuff as the creator of this thread had reported.
I was with one of the major consulting companies from my native country.
more...
sanjuatl
06-08 11:39 AM
how about contributing to IV? When ppl here dont pay $10 for IV...will they $1 or $2 Million for Saturn....Do you think so????
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itsmesabby
10-12 05:05 PM
jcrajput.. I have had my renewal stamping done last month in India and am purely stating from personal experience. I was asked for to show 6 months of paystub by the officer. Luckily I had them on me so I could show it.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
You can take the minimum but travelling with the minimum puts your family at a risk when you go for the interview. No lawyer or any other member at IV can help you there.It Doesnt hurt to be proactive and prepared in the right way. In this time of recession, more documentation has been asked then ever. For my earlier stamping no documents were required, but this time W2's and paystubs were asked.
You may even want to ask Mr 1000 watt when he last got his stamping done and go by whatever he recommends.
more...
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gchopes
10-23 09:22 AM
Does Charlotte Office ASC have a day for walk-ins? Has any one of you done that and gotten their FP done on that day?
gchopes
gchopes
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zico123
04-20 01:39 PM
As per Lawyer need to file for amendment before EAD expires. Need I-20 from Kaplan and another application fee ($190) + PP fee($1,000). :( But at least H1 is approved :)
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
New I-20 must be valid till Sept 30th and must start either before EAD expires or within grace period (EAD expiration date + 60 days)
** Best of luck to others still waiting **
more...
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psaxena
03-03 03:17 PM
May be later will have the PD for the namecheck and FBI Name check bulletin. Then will all discuss to propose a new bill to reform FBI Name check retrogression(ofcourse at the same time fighting about caste/Race/Color/blah blah)
IV admin please make a section for the entry of the FBI NC PD also.:D:confused:
IV admin please make a section for the entry of the FBI NC PD also.:D:confused:
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bluekayal
09-08 01:19 AM
approving 2 I-140s , one based on Schedule A priority date - 2006-- and then another one using the prior labor date 2004. And then when it comes to adjudication, refusing to accept the 2004 priority date.
more...
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hpandey
07-03 11:49 AM
If you can convert to EB2 ( eligible for it ) and recapture your earlier PD of EB3 then it would be the best course of action . If you keep on waiting for the bills to pass ( and they don't since this is an election year ) then you would just lose time.
I know we are all frustrated because of this seemingly endless wait but I am positive - it is not endless . It will end one way or the other - for some sooner and for others later.
I know we are all frustrated because of this seemingly endless wait but I am positive - it is not endless . It will end one way or the other - for some sooner and for others later.
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wanaparthy
03-24 10:30 PM
-
thanks
thanks
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nixstor
06-14 11:57 AM
I am planning on buying a house in 30 days. My company would be paying me about 2500$ rent for renting out a part of my house. This is what made me think that I would actually be able to afford house in NJ.
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
House in 30 days in this market? I personally would take 60 days. As long as you dont force yourself into a decision just because your company is picking up the tab for 2500$ for an year does not mean that you have to buy a house that has a commitment of 30 years. Your company can do that for an apartment or rented property as well. Probably it wont be as much as 2500 but you can add up Internet, phone bills and other expenses to get close to the 2500$
How would that work out? Does 2500/month become additional taxable income? My mortgage payments would be about 3500/month. If it becomes a taxable income we would be screwed big time as we would cross all limits to low tax brackets :(
No its not taxable income. In other words you wont get a W-2 for that money. How ever its good to have a letter from your employer saying that your job and your employer required you to have a home office and not at your own will. The reason why I say this is because Home office deduction is one of the audit triggers on a return. Even though you will not declare this on your return, your employer will disclose this as a write off. chances are very less that IRS will ask you, but just in case have that letter from your employer. Read this (http://nixstor.blogspot.com/2008/02/home-office-deduction-eligibility.html) and talk to a good CPA/IRS.
Also I am a july 07 filer with PD sept 2006 and would have few years before I can get GC. So would my chances of getting a mortgage like 450k are less as I am not permanent resident?
did you guys specified non resident alien in your mortgage application and did it have any affect on rates?
I dont think it matters. All that matter is your credit score. Dont tell the lender that you are NOT a permanent resident unless they ask you or the application asks you for. If they figure that you are concerned they will another quarter point
Thanks in advance,
USDream2Dust
needhelp!
11-05 01:07 PM
They want to see you...They want to hear it from you..
So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.
So become a verified member today, and help us in making it LOUD and CLEAR, that YES, there are thousands in your constituency who are suffering. And will no longer be silent.
raviram1980
01-15 12:19 PM
Thanks again for your quick reply. My AP was approved on 21st nov and I left for India on 26th Nov. Any idea if this can be considered enough time ?
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