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bestin
06-19 02:38 PM
Thanks for responding so quick.I thought its not upto us to prove as it is in their records.Dont you think that they will acknowledge Bachelors+5 yrs exp equivalent to Masters based on this?
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
My labor didnt mention Masters either.
http://law.justia.com/us/cfr/title08/8-1.0.1.2.8.0.1.5.html
(k) Aliens who are members of the professions holding advanced degrees or aliens of exceptional ability. (1) Any United States employer may file a petition on Form I�140 for classification of an alien under section 203(b)(2) of the Act as an alien who is a member of the professions holding an advanced degree or an alien of exceptional ability in the sciences, arts, or business. If an alien is claiming exceptional ability in the sciences, arts, or business and is seeking an exemption from the requirement of a job offer in the United States pursuant to section 203(b)(2)(B) of the Act, then the alien, or anyone in the alien's behalf, may be the petitioner.
(2) Definitions. As used in this section: Advanced degree means any United States academic or professional degree or a foreign equivalent degree above that of baccalaureate. A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master's degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States doctorate or a foreign equivalent degree.
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zerozerozeven
04-09 12:43 PM
it is really nice that you got it now...otherwise u will be put on a minimum 6 months more wait till Oct...u shud highlight ur case to showcase how broken the legal immigration system is..u have been in US for 18 years before u received ur green card...
gc_check
06-26 04:20 PM
Please take the above poll.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.
In my case, company is paying for me alone. I have to pay attorney fee and filing fee for my wife.
Depends on the employed company's policy and the agreement given to you initially with this regards. My company policy is they will cover all expenses/fees related to Green Card, except for I-131 for employee. This has to be taken care by employee themselves. For dependents they will NOT cover any expenses/fees and we have to pay, but they will do the paper work and will file for you. We have to just pay the appropriate fees. Also we do not have external law firm doing the paper work, the company has its own legal department with immigration attorney's who does the paper work.
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arsh007
10-03 03:25 PM
Hello,
My wife is applying for a good job at the European Union, and I do not see why can't she get accepted. We've been stuck in this mess for a while and I am getting tired of irrespectful treatment when entering the country, even when you are here legally, limited career, etc,etc
We can legally work in Europe, but how is the market in Belgium for an electrical engineer (firmware, hardware, project manager exp)?
Anybody have any experience or know something about it? salaries, cost of live, etc
Regards
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
My wife is applying for a good job at the European Union, and I do not see why can't she get accepted. We've been stuck in this mess for a while and I am getting tired of irrespectful treatment when entering the country, even when you are here legally, limited career, etc,etc
We can legally work in Europe, but how is the market in Belgium for an electrical engineer (firmware, hardware, project manager exp)?
Anybody have any experience or know something about it? salaries, cost of live, etc
Regards
I am from India and lived in Brussels, Belgium between 2000-2002 before being transferred by my Indian IT company to work in US on H1. Here are some facts on Brussels:
1. Quality of Life: Good place to live, friendly people, close to major cities like Paris, Amsterdam and London.
2. Cost of Living:
Apartment Rent: 900-1000 Euros per month
Lease terms: 6-12 months
Transportation: Public (Bus, subway, trains). You don't need a car.
Some companies offer a car+gas card as part of the overall
compensation package.
3. Salaries: Around Euros 35-45K per year (IT related)
Taxes: More than US (Around 30-35%)
Health Insurance: None
Vacation Time: 20-30 days an year
Education:Schools are mostly french medium. International schools
(English medium) are more expensive.
Desi/Indian population: Limited
4. Additional Information: Good to learn French as it helps in dealing with local people but a lot of them also speak English.
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karthiknv143
04-13 05:19 PM
How long does it take to write a bill? Wow.. Immediately after the mad rush for H1, there is a bill out in just 10days to give the relief. Guess the bill must have been written well-ahead anticipating the reality.
suavesandeep
01-13 11:13 PM
If i am not drunk The whole idea of getting a labor substitution done was to get an earlier priority date. So i am pretty sure you should be getting your I-140 approved with the older priority date. I think you should talk to your lawyer to get it corrected.
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
I know all of us here do not like the idea of people jumping lines. But since you did all the hard work and were lucky enough to submit it before they banned substitution why not enjoy the fruits :)
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gc_dream07
01-31 09:39 PM
Immigration reform is not even in the list of items. This reflects the priority of CIR in president's todo list.
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485Mbe4001
06-13 11:58 AM
My uncles GC's and Indian passports were stolen a few years back. it took them 6 months to get a new card, you cannot leave the country. Other than that they did not have major issues. File a police report keep copies of the report and all correspondence in safe deposit box. As a precaution put a hold on your credit at the 3 credit agencies.
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
Hi All,
We are devastated. We got robbed last weekend. We lost everything including our green cards. After 6 years of wait, we got the cards in May. Unfortunately, we did not make any photocopies. We applied for replacement of cards using I-90 forms. Has anyone been in such a situation ?
Please help us with any suggestions.
Thanking you all.
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makemygc
06-14 11:21 AM
Go ahead and file 485/EAD etc. EAD approval takes 2-3 months. To be on the safe side, apply for H1 extension also . it is safe to keep H1 till you get your 485 approval.
As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.
Has someone done this earlier??..
As per immigration-law, filing h1 extension could be a problem along with EAD, as H1 ext can be rejected. See my earlier post.
Has someone done this earlier??..
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NKR
11-11 11:24 AM
I would love to trade places with you if I could buddy, so just relax� on the other hand I sympathize with you, a 2001 PD seems so old to me. Being current is the boon, for you to have to stick with the same employer is the curse.
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brb2
09-22 08:23 AM
Not really. I truly believe the Skill bill will be passed by mid next year to allow all STEM Masters to stay back and adjust status automatically like in Australia. There is a crisis in the US with very few students entering STEM and the US will very likely retain international students by hook or crook. This will also clear the queue for non US qualified temporary workers in the queue for green card.
The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!
Thanks! guys.....All in the same boat then....Screwed.....
The chances of the bill being passed in the current pre-election highly charged political atmosphere is minimal at best. But then one never knows..!
Thanks! guys.....All in the same boat then....Screwed.....
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pa_arora
09-21 06:44 PM
Dont lose hope, I think you will be in a better position with SKIL Bill. In the mean time, help us spread the word and to gain some capital.
Cheers!
Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.
SO keep sailing in the boat with everybody.... ;-|
-p
Cheers!
Yes u will be in a better position with SKIL bill, but we dont know when will this be in or may be its not 'in' at all.
SO keep sailing in the boat with everybody.... ;-|
-p
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InTheMoment
08-12 06:16 PM
Even when NC is pending the actual EB1/2/3 GC is a regular 10 year validity (validity of the card) GC with no annotations/conditions.
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
How do you know that your 485 was approved even if NC was pending? Does your GC - physical card or the approval notice/emails - indicate that your approval is contingent on NC?
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gcgreen
10-08 02:37 PM
You do have to pay taxes on any dividends you earn. Your brokerage firm will send you an 1099 form at the end of the year detailing your income.
If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.
To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.
I am not a lawyer, and the above is my common sense understanding.
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
If you do sell stocks and otherwise have capital gains or losses to report, you will typically file a Schedule-D form along with your 1040.
To my knowledge, as long as you are a "passive" investor, there is no problem with investing. You cannot be an "active" investor when on H1-B, unless you have another H1-B that supports your "active" investment activities. Put simply, if you are buying stocks and holding on to them for a period of time before you sell, you are fine. But if you plan on becoming a day trader (very good time right now to make and lose money, with all this volatility) then you likely are an "active" investor.
I am not a lawyer, and the above is my common sense understanding.
One more additional question on this, say we open a trading account now and we buy shares in 2008 , but do not sell it yet (meaning no income was made in 2008), then will there be any impact or any additional filing to be made for 2008 tax returns, or how does stock trading relate to tax returns...
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crzyBanker
09-24 08:21 PM
I received my EAD but my spouse EAD did not arrive and it has been more than 2 weeks. The status says Card production Ordered.
I have the same question should I have to wait untill the 30 days have passed to reapply for replacement ead or can I apply before?. Is there any way the process can be expedited as my spouse has to work on this EAD. Any info is really appreciated.
I have the same question should I have to wait untill the 30 days have passed to reapply for replacement ead or can I apply before?. Is there any way the process can be expedited as my spouse has to work on this EAD. Any info is really appreciated.
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sdrblr
08-21 02:33 PM
The dates in the first couple of sentences are all messed up ( came to US through Company A in June 2007 and was with them until Dec 2006...........I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. )
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
It would help to answer if you can correct the dates.
I received an RFE from USCIS 10 days after the date on the letter and need to respond in 33 days.
I came to US through Company A in June 2007 and was with them until Dec 2006. This Company A had applied for my labor and I140 and both of them were approved through them. I joined Company B in Jan of 2007(change of H1) and was with them until April of 2007. I joined Company C in April 2007(change of H1) and been with them since. Company C would not do my GC.
During the July 2007 fiasco, Company A agreed to give me an offer letter that I submitted with my 485 application and my attorney (a good reputed one) mentioned in the application that I was working for company C.
I got an RFE now stating that I did not send my sealed medical exam which I had done and we have a scan of what was sent. They also want �a current letter of employment attesting to your offer of proposed employment. This letter should be written on the company�s official letterhead and cite the date you will begin working, whether the position is temporary or permanent , a description of the position, a description of the position that you currently hold for the company (if any), and offered salary�
Is this RFE bad? Now my attorney suggests that since I had filed 485 through company A and I did not really invoke AC21 that I should give a new offer letter from Company A (they are willing to give one). My question is if I do that will there be further questions? The company I work for is a bigger one and Company A is really a body shopper, so I want to go with the letter from the current company. Also since it more than 2 years since I applied for 485 can I say I invoked AC 21? When can I disassociate myself from company A as I do not want to lose my current job.
I would like the attorneys or the members valuable help. Please do offer your opinions. Thank you all in advance.
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iptel
11-17 04:41 PM
Guys.. It has to pass through the house still..
It already passed house. No new Bill is discussed in Lame Duck Sesion.
It already passed house. No new Bill is discussed in Lame Duck Sesion.
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wandmaker
02-17 11:43 PM
I am not sure, if this is true. I knew couple of people got H1 approved and never start working. They remained only in status H4.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
So check with attorney.
Not true, lot of people assuming that their status will remain as H4 until they start working. If you file for change of status from H4 to H1, your new status will be effective from the start date shown on attached I-94. If you would like to get back to H4, (1) you file a change of status to H4 before the start date of H1 approval I-94 or (2) travel outside the country and get back on H4.
Honestly, on a lighter note, If you do not start working from the date shown on I-94, which means you are holding an H1 (status...) but out of status w.r.t immigration rules.
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unknown123
11-09 12:01 PM
What is your PD?
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Good luck
Employer need to demonstrate 'Ability to Pay' from PD till I-140 is approved. Since you've used Nov 2004 labor, I assume that your PD is 'Nov 2004'. In this case your employer has to demonstrate ability to pay for year 2005 (even if you were not employed that time). If they have shown loss in 2005 tax return, chances are that your petition will be declined and only option is MTR and/or AAO.
Here is some good info... http://www.ilw.com/articles/2005,0118-guevara.shtm
You need a real good lawyer.
All the best
Macaca
04-20 06:45 AM
This (http://immigrationvoice.org/forum/showpost.php?p=58962&postcount=630) is how CIR was reported yesterday!
You will know a lot if you follow the News Article Thread!
You will know a lot if you follow the News Article Thread!
dxldad
05-12 01:17 PM
however, i will appreciate if you can tell me if these are the only required
1. Measles/ Mumps/ Rubella - Adult
2. Varicella
3. Hepatitis B - Adult
and the following tests
1. Tuberulosis - Tubercolin Skin Test
2. Serologic Test for Syphilis - RPR Screen
3. Serologic Test for HIV Antibody - HIV AB Screen
They keep changing the requirements. I found this link, USCIS - I-693, Report of Medical Examination and Vaccination Record (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD). Why don't you check it out there. One question I have is, once the date is current, do you need to resubmit yours if you had submitted it more than one year earlier?
1. Measles/ Mumps/ Rubella - Adult
2. Varicella
3. Hepatitis B - Adult
and the following tests
1. Tuberulosis - Tubercolin Skin Test
2. Serologic Test for Syphilis - RPR Screen
3. Serologic Test for HIV Antibody - HIV AB Screen
They keep changing the requirements. I found this link, USCIS - I-693, Report of Medical Examination and Vaccination Record (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=eb1f3591ec04d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1 RCRD). Why don't you check it out there. One question I have is, once the date is current, do you need to resubmit yours if you had submitted it more than one year earlier?
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