msp1976
10-19 02:38 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
The AC-21 became a law in 2001.... if they really wanted to clarify it, by now they would have....They have taken a position of strategic ambiguity....
Government lawyers like this kind of situation...If they donot like something you or me not doing they can use this weapon against us....to throw you/me out..
So the crux is if you/me donot get into any trouble like drunk driving or something...we can get away with some things...
wallpaper Mortal Kombat 9 returns to its
matreen
08-04 12:33 PM
Thanks Snathan. But do you think I may get my 140 cleared on the basis of 3 year degree?
Its tough at I-140. But you wont have any issues with EB3
Its tough at I-140. But you wont have any issues with EB3
indigokiwi
05-07 02:12 PM
corba, what area are you working in? Do you know if this is a Technology Alert List (TAL) check?
I went to Chennai US consulate for my 7th year H1B visa stamping. Without verifying any of my docs which took it with me, VO just issued 221g green slip and asking all petitioner's docs....
Here is more detail about my case.
1. I am working for a small company < 50 employees as a full time employee, since 2005.
2. I am the only one H1B in my company ...
3. My company was acquired by our competitor and name got changed ...
Here are my concerns
1. If they have any concern / doubt about me / petitioner, Why dont they clear it before approving I-129? Now DOS is sending back all the 221g cases to USCIS only for further verfication. So does it mean USCIS is not doing enough verification before approving I-129?
2. Can IV team / Experts help to rectify this too much of back and forth b/w USCIS and DOS?
3. If my visa is rejected, How do I vacate my apt, selling my car?
4. What will happen to my son's school? i.e. How do I transfer or continue his education in India...
5. I would suggest all the H1b people to think twice before going for visa stamping in India.
If anybody in similar situation, Please share your exp here ...
I went to Chennai US consulate for my 7th year H1B visa stamping. Without verifying any of my docs which took it with me, VO just issued 221g green slip and asking all petitioner's docs....
Here is more detail about my case.
1. I am working for a small company < 50 employees as a full time employee, since 2005.
2. I am the only one H1B in my company ...
3. My company was acquired by our competitor and name got changed ...
Here are my concerns
1. If they have any concern / doubt about me / petitioner, Why dont they clear it before approving I-129? Now DOS is sending back all the 221g cases to USCIS only for further verfication. So does it mean USCIS is not doing enough verification before approving I-129?
2. Can IV team / Experts help to rectify this too much of back and forth b/w USCIS and DOS?
3. If my visa is rejected, How do I vacate my apt, selling my car?
4. What will happen to my son's school? i.e. How do I transfer or continue his education in India...
5. I would suggest all the H1b people to think twice before going for visa stamping in India.
If anybody in similar situation, Please share your exp here ...
2011 Sticker: Mortal Kombat Sub
karthikgk
06-13 01:34 PM
You have to stick to Software Engineer field in order to take advantage of PD recapture. If you move to Business Development using MBA than its hard to justify same or similar. Find a new job which requires EB2 and show BS+5 to qualify.
Hope that helps!
Thank you guys! The answers help but then it doesn't too ;) I mean, not that you guys can do anything about it.
Every waking minute I am wondering if all this wait it even worth - sacrificing our professional careers and our life in India, especially when the opportunities are plentiful back home. But then, I made my bed ;)
Hope that helps!
Thank you guys! The answers help but then it doesn't too ;) I mean, not that you guys can do anything about it.
Every waking minute I am wondering if all this wait it even worth - sacrificing our professional careers and our life in India, especially when the opportunities are plentiful back home. But then, I made my bed ;)
more...
nonimmi
06-15 02:33 PM
You can just walkin to Dr Stern office. Even if you have an appointment with them, you may have to wait 0.5-1.5 hours depending on the time you go. If you go on weekend or weekdays after 5 you may have to wait longer but afternoon should be faster. And there fee may be more than $350 if you need to get shots and xray. Hope this help.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Please share your experience with us when done.
If you call them recp. will tell that appt is required but actually it is just walk-in and you may not get any preference ver people who walked-in.
Please share your experience with us when done.
EB3_SEP04
11-21 07:35 PM
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
This is USCIS memo, Read Que 5 on page 3.
Memo clearly says following things not be considered in deciding same/similar job:
- Wage difference
- Geographical location
- new employer's ability to pay (that's why it is absolutely fine if you work for your own/wife's company that started yesterday)
About a year ago, I changed job on EAD with 75% higher salary. at that time i had talked to a Sr attorney at Murthy.com and he had adviced me it is not a problem. (my 485 is still pending)
Only in the case where the new wage is simply unbelievable, it would be a problem (e.g. $20k or $450k for a s/w engg, beause there's noone who gets paid that much for that job)
So it's not the difference that would matter, it would be the absolute salary that could matter.
more...
wandmaker
02-11 05:31 PM
How about, those who made incorrect predictions to pay $50 to IV?:D
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punjabi77
09-10 07:09 PM
I know there will be many people who are working on their employer's payroll but keeping maximum share of their rate.
I have my EAD and i want to switch my current company and move to a new
one as my current company is keeping around 20% share.
I am thinking of the following options:
1st option) I have my Canadian PR and thinking of an option to join the current vendor directly. Incase my 485 is rejected, then i can move to Canada.
In this case, i do not know how to run the paycheck and other related stuff to stay out of trouble for my current 485 processing.
2nd Option) I can find an employer who will just keep around 5/hr from my share and keep me on their payroll. I can also keep myself on my H1b by having my H1 transfer done. I will take care of running the payroll from a third party.
In this option i dont have to worry much as company will show me on its payroll and my H1b will be valid.
I would appreciate response from people on this forum. I know someone might be doing it right now.
Please suggest pros/cons of the above options.
I appreciate your response.
I have my EAD and i want to switch my current company and move to a new
one as my current company is keeping around 20% share.
I am thinking of the following options:
1st option) I have my Canadian PR and thinking of an option to join the current vendor directly. Incase my 485 is rejected, then i can move to Canada.
In this case, i do not know how to run the paycheck and other related stuff to stay out of trouble for my current 485 processing.
2nd Option) I can find an employer who will just keep around 5/hr from my share and keep me on their payroll. I can also keep myself on my H1b by having my H1 transfer done. I will take care of running the payroll from a third party.
In this option i dont have to worry much as company will show me on its payroll and my H1b will be valid.
I would appreciate response from people on this forum. I know someone might be doing it right now.
Please suggest pros/cons of the above options.
I appreciate your response.
more...
gc_freedom
04-21 11:14 PM
Ski_dude12, immigration voice portal is for helping people with immigration issues.Everyone is welcome here especially if you can contribute something positive and help others.
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kokil
03-09 07:37 PM
Ok I have started exploring other alternatives but still I don't want to let go my efforts which I put for completing couple of subjects so I went back to U21 global and they said that they can give me degree from University of Melbourne, if I opt for it. So now I want to evaluate getting degree from University of Melbourne is ok? It seems they just now got AACSB accreditation.
The University of Melbourne Becomes Second School in Australia to Earn AACSB International Accreditation in Business and Accounting (http://www.aacsb.edu/media/releases/2011/accreditation-university-of-melbourne.asp)
However I am not sure the online program will have AACSB accreditation.
Is there any location where I can go and check that degree from University of Melbourne is valid?
-Jignesh
The University of Melbourne Becomes Second School in Australia to Earn AACSB International Accreditation in Business and Accounting (http://www.aacsb.edu/media/releases/2011/accreditation-university-of-melbourne.asp)
However I am not sure the online program will have AACSB accreditation.
Is there any location where I can go and check that degree from University of Melbourne is valid?
-Jignesh
more...
kirupa
03-28 11:27 PM
There were only about 3 or 4 that had more than 1 vote. Having a poll of 4 entries seemed odd, so the only fair thing would have been to give every entry you all voted for a spot in the poll.
No overriding was done :P
:)
No overriding was done :P
:)
hot Sub Zero#39;s Ice Cold Mortal
she81
01-24 04:04 PM
The school is wrong on 2 accounts:
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
1. The only exception to the full-time student rule on F1 is your LAST semester of graduation. If your wife is in her LAST semester, and she has fewer credits remaining for graduation, and enrolls in less than full-time credits she CANNOT be out of status. I myself was in that boat in my last sem. Not sure if things changed in the past 2 yrs.
2. If she has an EAD, then your lawyer is right. She is not required to be on F1.
more...
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chanduv23
09-20 08:43 PM
What Pankaj did was great. The idea was really great - earlier we made a youtube video that is linked on IVs front page and that also has the anthem in it - when I did that I was having the same thought - whether it would be a good idea??? But then I thought, offcourse , why not???? Just because anti immigrants hate us, it does not mean we don't belong here, we very much belong here and are a part of this society.
We must all be proud that we are here - remember - we may have come from different countries but now this is our home - offocurse tough situations may prompt people to return or many may not have a sense of patriotism.
Anthems must be sung from the heart and with a sense of patriotism and Pankaj did exactly that.
We must all be proud that we are here - remember - we may have come from different countries but now this is our home - offocurse tough situations may prompt people to return or many may not have a sense of patriotism.
Anthems must be sung from the heart and with a sense of patriotism and Pankaj did exactly that.
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sonu
02-07 11:20 AM
My receipt date was 09/12 , approved on 11/20
more...
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goel_ar
05-11 03:57 PM
Below is data of PD from last four years for EB2-I - only for Jun, Jul & Aug.
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
Except July Fiasco , I don't see dates ever moving forward in July VB; but they do move in August VB.
Has anything changed in spillover laws in last 1 year - which will explain this no movement in July but in August?
Jun 06 : 01JAN03 | July 06 : 01JAN03 | August 06 : U ---> No change in July. Aug backward
Jun 07 : 01APR04 | July 07 : C | August 07 : U ---> July Fiasco
Jun 08 : 01APR04 | July 08 : 01APR04 | August 08 : 01JUN06 ---> No change in July. Aug forward
Jun 09 : 01JAN00 | July 09 : 01JAN00 | August 09 : 01OCT03 ---> No change in July. Aug forward
Jun 10 : 01FEB05 | July 10 : ?????? | August 10 : ???? ---> Do your really expect forward movement in July?
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Ruta
12-19 06:23 PM
Who gets FP notice? is it attorney or us?
We also filed on July 2nd at NSC.. got EAD and AP. buit no sign of FP yet. we were also out of country for last 3- 4 weeks. Is there chance we could have missed it?
We also filed on July 2nd at NSC.. got EAD and AP. buit no sign of FP yet. we were also out of country for last 3- 4 weeks. Is there chance we could have missed it?
more...
makeup ENTER KOMBAT!
imm_pro
11-13 02:01 PM
bump..
Anybody out there who fits this profile..pl come forward.This looks like a great opportunity to get some publicity..
Anybody out there who fits this profile..pl come forward.This looks like a great opportunity to get some publicity..
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manand24
10-05 01:04 PM
My wife and I did our finger printing today, LUD on both our I-485 applications today.
I called FBI, the customer service representative told me that the results for me and my wife have been sent to USCIS.
See signature for details:
--------------------------
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
WIFE
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
--------------------------
I called FBI, the customer service representative told me that the results for me and my wife have been sent to USCIS.
See signature for details:
--------------------------
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
WIFE
I-485 NSC RD 07/02/07; ND 09/10/2007; RD 09/17/2007 from NSC
I-131 (Travel Document) NSC RD 07/02/07; ND 09/10/2007;RD 09/18/2007 from NSC
I-765 (EAD) NSC RD 07/02/07; ND 09/10/2007; Card received on 10/03/2007
BioMetrics given on 10/05/2007
--------------------------
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gjoe
08-14 09:05 AM
I have a total of 15+ yrs exp in the IT industry out of which 8 yrs in USA. I am also an EB3 :) BTW I have a 4 yr engg degree from a small college in india :p
Count me in too
I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.
PD : EB3 SEPT 2002.
Count me in too
I am totally pissed off with this system. The only wrong step which i took was applying in EB3 when i had three years of experience. Now i have a total almost 10 years experience in IT and still waiting like an illegal immigrant for GC.
PD : EB3 SEPT 2002.
Filipo
07-13 05:44 PM
zzzzzzzzzzzzzzzzz.........:(
thomachan72
08-17 01:06 PM
What does your attorney say? He/she should have had some idea when they filed under EB2. The attorney should clearly not take a risk regarding educational requirements. Maybe you will have to do the MTR and submit better evaulation (if you feel the degree and experience are suitable). Best
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