gc_chahiye
12-18 11:32 PM
Thank you gc_chahiye for you nice explaination. I agreed with your comment on completing 180 days....will do that. I may invoke AC21 afterwards with EAD rather going with H1B transfer as that make better sense to me.....
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
staying on H1 is always recomended as it gives you a safety net... Its your call.. If you are joining a company that does provide the H1 option, go for it.
LC substitution is dead. The rule limiting LC to 180 days came in the same set of regulations that banned LC substitutions, hence maybe the confusion, however the two are NOT tied. LCs are valid for 180 days period.
See http://www.murthy.com/nflash/nf_051607.html
Any sugessions.....???
Also I heard that the time limit of 6 months to apply the I-140 after the labor is approved is only applies to people who substuting the approved labor. I am not sure how far that is true, any clarifications would be great.
Thanks,
M
staying on H1 is always recomended as it gives you a safety net... Its your call.. If you are joining a company that does provide the H1 option, go for it.
LC substitution is dead. The rule limiting LC to 180 days came in the same set of regulations that banned LC substitutions, hence maybe the confusion, however the two are NOT tied. LCs are valid for 180 days period.
See http://www.murthy.com/nflash/nf_051607.html
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gk_2000
01-26 03:15 PM
A correction: it's grassroots, not grass-root
lostinbeta
10-21 01:19 AM
I actually agree with rev now.... I think the location of the text is what is making it look like there are too many empty spaces.... where if you offset the text it will be one big open space instead of a bunch of big ones.
I think that will make it look better.
I think that will make it look better.
2011 Tom Cruise and Cameron Diaz
rocket
01-08 03:40 PM
why are we assuming that the parents are illegals?? as far as I know, it has not been reported anywhere in the media that the parents were here illegally. if it has, please post relevant links.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
it has been reported that way everywhere.http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html and contracts/contest rules don't state why they just state the terms of the contest.
as for being a legal resident, do the rules state that you need to be a legal resident for immigration benefits or tax benefits?
For IRS purposes, 180 days or more on a valid non immig. worker status and you are a legal resident.....
it has been reported that way everywhere.http://www.cnn.com/2007/US/01/06/first.baby.ap/index.html and contracts/contest rules don't state why they just state the terms of the contest.
more...
santb1975
11-16 08:06 PM
This Holiday season .... Give a gift to IV
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
--------------------------------------------------------------------------------
With Thanksgiving right around the corner lets take the time to thank IV for all the successes we have had so far and for all the hardwork that has been put into this cause. Let's make a Holiday contribution to IV. Please join me in this effort. Let's all contribute. Cheers
kapoorg
06-21 02:04 PM
Hi,
I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.
Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.
What should I do? My exit date as per I-94 is Aug,25th.
Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?
Regards,
Gaurav Kapoor
I am in a similar situation. I am in US on B1 visa and accidently damaged my passport.
Both my passport and I-94 are mutilated. Duplicate passport takes 6-8 weeks and I-102 takes close to 3 months.
What should I do? My exit date as per I-94 is Aug,25th.
Vinay,
Can you please tell me how did you manage to get duplicate passport in such a short time?
Regards,
Gaurav Kapoor
more...
gctoget
10-02 07:24 PM
Sorry, Socal IV members. I ahve been busy from ast few weeks and not been able to actively participate in SoCal IV Activities. This meeting must be a good brainstorming seesion for all new IV members!
Cheers IV!!!
Cheers IV!!!
2010 Maggie Grace is playing Diaz#39;s
sathyaraj
11-01 10:45 PM
Let us assume that we have totally 70,000 Nurses pending now.
a. PD <= 2006 is 10000
b. PD > 2006 is 60000
This would not help much of ppl waiting in EB3 with PD earlier than Nov 2006 bcoz it takes only 10,000 of their queue. But it really helps the ppl with PD > 2006.
Also it depends on whether 7% country limit is applicable. It would help RoW better than retrogressed countries.
In either case, it is a win-win situation for EB3 India 61,000 * .07 = 4270. Still it is worth of about 1 yr worth of EB3 visas for retrogressed countries.
Any thoughts or corrections?
Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05
a. PD <= 2006 is 10000
b. PD > 2006 is 60000
This would not help much of ppl waiting in EB3 with PD earlier than Nov 2006 bcoz it takes only 10,000 of their queue. But it really helps the ppl with PD > 2006.
Also it depends on whether 7% country limit is applicable. It would help RoW better than retrogressed countries.
In either case, it is a win-win situation for EB3 India 61,000 * .07 = 4270. Still it is worth of about 1 yr worth of EB3 visas for retrogressed countries.
Any thoughts or corrections?
Could you please explay why is that? What if there are nurses with PD 2002, 03, 04 or 05
more...
senthil
02-07 08:48 AM
folks - this is what ive been told.
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
we can file the spouse details and the mariage proof - for AOS ( I forgot the form number ) if you are married but you cant get your spouse into US for some reason. EG you have invoked AC21 using your EAD. which means you have lost H1B and there is NO H4 in scope. So unless you get your GC you cant bring.
In my case, I was on H1B when i got married, ( already filed 485 too before marriage, but did not use EAD till date ) so I could bring my spouse on H4. But the problem is there is no way you could add your spouse to my AOS process, unless my priority dates are current.
hope this helps. do you guys have any suggestions / questions
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pappu
08-15 04:07 PM
Pappu,
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.
Their site does not list "Retrogression" as an issue faced by Indians in EB catagory.
I was urging members to contact any of the indian organizations listed as links to get support for our cause. These organizations are either formed by groups of professionals in a occupation or by regional groups from india. We have already got support from Indian Physician association and it helped us a lot when we went to meet lawmakers or spoke with the media. Likewise if other members could make individual efforts, it will be greatly appreciated.
more...
BharatPremi
12-05 03:38 PM
I know that applying for citizenship is not mandatory..you can have a PR and continue to be so for as long as you like....Is there a shell life for PR ...can you keep renewing it indefinitely ?
Yes. One can be on PR till the last day on earth provided fulfilling all obligations as PR. One does not have to be a US citizen.
Yes. One can be on PR till the last day on earth provided fulfilling all obligations as PR. One does not have to be a US citizen.
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MDix
03-05 05:10 PM
Please see my reply in red.
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
I have few questions regarding the visa and green card process.
1. Which documents are required to convert H1 to H4 while being in USA?
Ans : Pay-stubs and form I-539
2. As per my understanding if I convert to H4, I can use my H1 at a later point of time. Is it true? What are the preconditions for this?
Ans: Yes, no pre-conditions
3. What happens to my green card process if I convert to H4? I have my I-140 approved.
Ans : It's upto your employer if he keeps your I-140 alive then your GC process is good. You can use your PD in future if you want to re-start your GC
4. Assuming that my understanding in point-2 is correct what is the process to convert back to H1?
Ans : File New H1 again ( techinacally old one as you are not counted in Quota)
Thanks and Regards,
Alpa
more...
house Tom Cruise, Cameron Diaz
masterji
07-21 08:17 PM
I am in H1 and filed for 485 and EAD, AP. Still have my H1B visa in my passport. Does getting EAD mean you are no more in H1? Or you really have to USE it to be out of H1.
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.soulty
03-30 04:00 PM
when is this thing going in completed battles? Just wondering...Poll closed and moved to completed battles..
congrats everyone, nice work. ;)
congrats everyone, nice work. ;)
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pictures Tom Cruise and Cameron Diaz
go_guy123
09-06 11:31 PM
My company lawyers have been preparing for the last 5 months to file for my PERM application. After completing the recruitment stage and getting ready to file, they for some reason have come to the conclusion that the high number of resumes received could land the company in trouble for this case plus future applications.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Your comany is doing it right. If there are qualified US applicants, how can they claim that
they didnt find a local candidate. What will they do if they get audited. Nowdays USCIS/DOL is auditing massively.
Unfortunately EB green card is a employer driven process and there is nothing you can do about it. US immigration system treats skilled immigration as lowest of the lowest priority.
Has anybody seen this before. Is there any precedence that a company that receives large number of resumes for the position might cause issues? Even if they have done the due diligence to review all resumes and interview candidates that they deemed fit? Still not finding anybody worthwhile?
Any comments/ assistance would be most appreciated.
Thanks
Your comany is doing it right. If there are qualified US applicants, how can they claim that
they didnt find a local candidate. What will they do if they get audited. Nowdays USCIS/DOL is auditing massively.
Unfortunately EB green card is a employer driven process and there is nothing you can do about it. US immigration system treats skilled immigration as lowest of the lowest priority.
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das0
05-27 10:38 PM
What is the Cut off date for EB candidates for the proposed CIR Bill > May 21 2005 or May 21 2007 ???
more...
makeup are Tom Cruise and Cameron
gc_bulgaria
11-25 02:07 PM
You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.
I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.
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lostinbeta
10-28 09:54 PM
That sucks eberth :(
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a_to_z_gc
10-24 04:10 PM
If the I-140 is approved, you mentioned that the EB category can be changed if the process is initiated from scratch. Does the new application has to be in same area of occupation as the one for which the previous 140 was approved?
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
Kindly advise...
Thanks!
Once H-1B extension is received, one gets all the luxuries like any other H-1B. You can change jobs any day you want. Having that said, there are few things you have to re-do. Get the H-1B stamped if you change jobs. You have to re-start the GC process from scratch, yet you get to keep the PD and at the same time can switch to any EB catagory.
Before LC PERM process started, people didn't change jobs as LC could take any where from 2 to 4 years and re-starting the GC process was just no brainer. Now, as it takes 45days or less (theoraticaly) people easily change jobs and get H-1 transferred as well as get new GC process started and get LC in 45 days and then I-140 approved (with premium processing) in another 2 weeks.
So you once you change jobs you can get to the same stage where you are in two months if you start GC process right-away.
For tips to the other readers.
Some employers has company policy where they support the H-1 transfer (financially also) and then one has to wait for 1 or 2 years before they initiate GC process. The mostly the excuse is "Budget is fixed for a year".
One can propose a solution to this. Ask them, "What if I pay for the charges incurred for GC process if they agree to initiate right away and when s/he finishes one year of employment, reimburse the charges"
This has worked in many cases as doing such bothe employer and employee gets best of both worlds.
belmontboy
05-21 04:56 PM
we have become subject of joke for them!
alex99
04-08 02:14 PM
(EB1)
2007 2006 2005
26,697 36,960 64,731
(EB2)
44,162 21,911 42,597
(EB3)
85,030 89,922 129,070
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
2007 2006 2005
26,697 36,960 64,731
(EB2)
44,162 21,911 42,597
(EB3)
85,030 89,922 129,070
How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)
Gurus : please through some light on this?
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