sweet_jungle
11-16 02:38 AM
there is no isue while filing for I-485 also. when you file for AOS, F-1 status becomes invalid.But, you will get EAD and that will give you all the work authorization you need. You DO NOT have to change spouse back to H-4.
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wellwisher02
04-09 05:39 PM
IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:
sprajulu
07-08 03:15 PM
Congrates Man
what is your EB category and PD?
what is your EB category and PD?
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rock581
07-18 09:08 AM
Great replies. Thank you all.
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
I dont want to depend on pending I485 as the only source. I want each of us to have status independent of it.
I do understand that he can apply H1 only in Apr 08 and start working from Oct 08.
I am hoping a short visit will not reset his 365 day exile. One more query I have is can he leave US for around 10 days immediately after applying for I485. Should he apply for AP along with I485 or should he wait once he comes back after his short trip on a valid L2? Will it be OK ?
more...
starving_dog
07-03 10:19 AM
No, a Canadian citizen cannot work in the US without a Visa. The options available are TN (Treaty Nafta) visa and H1-B for the average skilled worker. We (Canadians) are in the same boat with the Indians, Chinese, etc. awaiting our priority dates to become current. Mine is 01/11/02 so I have some hope that it will become current in the next year. Until then, I have to pay a premium for property taxes (no homestead exemption) on Florida's east coast.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
Hopefully (wishful thinking here) CIR will move forward in the House. At the very least I would like to see family members exempt from the EB Visa count.
Cheers.
ebizash
10-08 10:50 AM
It will reduce net pay for citizens of countries without totalization agreements with India, specially because the EPF contribution in India applies to total gross pay without any upper limit.
Isn't this exactly what we have to go thru here in US by paying SS Tax?
Isn't this exactly what we have to go thru here in US by paying SS Tax?
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samcam
05-19 12:48 PM
Welcome to our newest member eb3India...
2010 Comunicado de Penélope Cruz
Ramba
10-24 06:53 PM
my marriage is done and she entered on H4 now I need to add her to GC.
my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?
Thanks,
Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?
Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?
my marriage date is 2 days prior to my GC approval and now she is in us and how to add her to my GC?
Thanks,
Well. It is tricky. You have to ask lawyer. One possibility is she has to wait till PD become current again. What happen if it takes another 6 years? Till that time she has to be on H4. If so, how she will renew H4 next time, as you already lost H1?
Other possibility is, even if USCIS accepts 485 for her, how DOS issue visa number when no visas available to your PD?
more...
vishwak
11-23 10:59 AM
1. AC21 - get it all done with new company ? Job title from Sr.Qa to SAP BI would it be a problem?
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
If any RFE comes, new company should be able to support as per job description/title in Labor which they won't I believe.
2. Temporary resignation and rejoining - is it really feasible?
I don't think you need to resign something in particular.
You can work with SAP company and when your date is becoming current move to QA Company and you should be good. Its like filing AC-21 to SAP company and again filing AC-21 to QA Company.
I know lot of people do this who are working on EAD. Generally you know your date will be current in next year. So you can work for SAP untill June/july-2011 and then move back to QA Company before date becomes current.
3. Stay with current company - try for contract positions even if it means that I have to stay long on bench. I have been already out since Aug.
Your choice and lets wait for some Guru's answers.
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needhelp!
10-24 05:41 PM
bmp
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calgirl
05-25 07:50 PM
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
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hindu_king
07-02 10:33 AM
So after 2 weeks of torture and $4000 later we are all screwed.
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gimme_GC2006
09-13 06:50 PM
Lets get statistics on numbers on pending I-485 application for EB2-India by year of PD.
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
My PD is Aug 06 .. post yours :-)
good..poll...I hope every one votes..
{ Gave you a green }
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saurav_4096
08-21 04:06 PM
I dont think there is system in place where It can be tracked for cash worker at GAS Station.
So do not understand what has happened with him ...???:confused:
So do not understand what has happened with him ...???:confused:
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seemashah
02-21 04:17 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
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jkays94
04-07 06:39 PM
What if VISA is not given .. can you come back?
Chances are that it would not be possible, I know an individual who has been awaiting security clearance in Canada since last October based on a name check hold up. This is not something one can predict, for your name can make a hit at any time. Fortunately the individual is a Canadian PR and is able to telecommute.
Chances are that it would not be possible, I know an individual who has been awaiting security clearance in Canada since last October based on a name check hold up. This is not something one can predict, for your name can make a hit at any time. Fortunately the individual is a Canadian PR and is able to telecommute.
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ruchigup
08-15 12:42 PM
I am sorry to hear that....
This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.
http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html
This below ruling doesn't apply in virginia but this might give you some pointers to fight in case your employer sues you.
http://arstechnica.com/news.ars/post/20080808-california-supreme-court-strikes-down-noncompete-clauses.html
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qplearn
09-30 05:27 PM
This is absolutely no-sense at all.
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!
Guys at Nebraska:
Don't complain; I am at Vermont, and it is by far the SLOWEST :(
It is processing I-485 from ND of June 21 2005 now!!!! Nebraska is processing I-485 of Nov 2005.
Does anybody have predictions :) for how dates will move at Vermont?
I wish there was premium procesing for 485.
qplearn
Texas, take about 2-3 months to approve 140 and 485. While Nebraska take about 4-5 months to approve only 140. This is not included 485 that back up from December 2, 2005.
You compare about 2-3 month processing time from one Center and another 1 year from another service center.
People there don't know how to do the mathematic or what, why keep sending everything to Nebraska still. Why don't transfer from the last person in Nebraska to Texas and have Texas start processing 485 in Queued.
We don't want people get process by Luck! or by paying more money and left other people behind.
What you think?!
Guys at Nebraska:
Don't complain; I am at Vermont, and it is by far the SLOWEST :(
It is processing I-485 from ND of June 21 2005 now!!!! Nebraska is processing I-485 of Nov 2005.
Does anybody have predictions :) for how dates will move at Vermont?
I wish there was premium procesing for 485.
qplearn
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dc2007
07-25 10:55 AM
I didn't find what I am looking for.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
I already have a lawyer and the ONLY reason I want to file myself is because I am fed up in chasing lawyers, my company etc. They don't respond in time and anyways I am preparing all my documents my self and guiding lawyer also.
So, I am thinking to file myself.
Pineapple
08-05 11:53 PM
I put in "maybe", because I'm not sure of my schedule.. (I have to travel monday to friday..every freaking week.. I hate it more than you can imagine, but I don't have a choice there).. if my schedule changes, I'll be there for sure. I've updated my profile.
Libra
09-15 10:19 PM
Jamie, u da man.......many dont even care, they want everything to be done by itself. If that is the case they never have come to this country. why dont they understand?
