gc_chahiye
04-20 01:06 AM
Hope this answers your question.
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
wow! that was such a great description of all the events. Very nice! thanks a lot.
To the previous poster: yes, I am going to be more active this time, both in terms of contributing as well as calling my local lawmakers. Cant let history repeat itself!
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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.....
vikki76
04-13 05:24 PM
Aliens who have advanced degree in science,technology,engineering or math and have been working in a related field in US under a non immigrant visa during the 3 year period preceding their application should be exempt from numerical limits.
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drsnh123
06-19 11:55 PM
I am a physician MD currently doing IM residency on H1B. i have a job to start from oct 2007. since PDS for india are now current, i would like to know if my employer can file PERM for a prospective employee now in june. my univerdity lawyer is not clear or rather not willing to file.
thanks for your opinions
Reply With Quote
thanks for your opinions
Reply With Quote
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brij523
02-21 05:06 PM
Sorry for the confusion.
jamesbond007
11-01 08:56 AM
I am concerned because I am going for my visa stamping in March and the last thing I want is to be out of status! When I mentioned this to my boss his answer was -- We will give you a letter stating that you are working reduced number of hours, and we cannot afford the salary promised on I-129.
Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.
I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
I will search for similar cases and post here if I find something.
Good luck.
Keep in mind that his letter stating reduced hours will be of no good. That actually amounts to fraud on the company's part. Do not get into that doodle.
I think the best thing to do is to get a new LCA approved, and amend your H1. If your new salary is still more than the government published rate for that type of job in your region, a new LCA and amended H1 may not be necessary.
I will search for similar cases and post here if I find something.
Good luck.
more...
abdulazeez77
08-11 08:11 AM
Hello All,
I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.
Regards,
Azeez
I have my H1B stamp and my wife has a H4 stamp from my old employer valid until December 2007. I transferred my employer in Jan 2007 and have a new I-797 valid until 2009. My wife now wants to travel outside the country and come back in a month (September 2007). Can she travel with her current stamping? What documents does she needs at the port of entry when she comes back (my I-797?). Would appreciate very much if someone can help. This is fairly urgent since she has to travel next week.
Regards,
Azeez
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lskreddy
07-02 03:59 PM
I am not sure about whether you could sue or not but USCIS's processing order is wreaking havoc, and if there was any way to bring the buggers to task, that would be great.
For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.
Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.
As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...
For the person who asked whether you saw 2008 application approved before 2007, I am a prime case. I have couple of I140's going, one in EB3 and the other in EB2. EB3's I140 was filed in July 2007 and EB2's I140 was filed in Feb 2008. The one filed in Feb 2008 was approved a few days back and the July app is still pending.
Had they followed Kaiser's logic, they would not have approved my Feb app too as my Feb app is no where current, but there is hardly any sense to their order. Its as if the applications come in, they put it in crates and stashed somewhere. The crates are pulled in random order.
As a theory, they might be approving much later filed apps as a means to acheive better 'average' processing times. If you take me as an example, I have one app pending for 12 months and the other approved in 4 months. So, the average is 8 and that might be what the higher up might care for. But, none of this is fathomable by souls like us...
more...
helpful_leo
02-03 06:42 PM
spgtopper:
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
I am trying to draft a letter that specifically addresses the above 2 concerns in the PACE bill. Not including current PhD graduates in it will delay any potential benefits from this part of the bill on retrogression by 5-8 years, which is when new PhD graduates joining on F4 will graduate (the current PhD candidates will otherwise use up EB1 and EB2 numbers through their employers.)
Excluding life sciences again would reduce the benefit on retrogression by ~60% than otherwise, bcos > 60% international PhD students (may be closer to 80%) are in the biological sciences (most students in other fields try to do a Masters and then look for a job.)
I would welcome if IV could publicize this aspect of the PACE bill and the need to amend it.
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Dhundhun
08-05 06:39 PM
Dhundhun,
What is your source for the 1% to 5% estimate?
Internet posts. For the last 2-3 years I have been looking about and this be ball park figure given. Also as you see that there is big variation in this; 1% to 5% is a big difference.
It would be nice, if someone has better idea than this wider range.
What is your source for the 1% to 5% estimate?
Internet posts. For the last 2-3 years I have been looking about and this be ball park figure given. Also as you see that there is big variation in this; 1% to 5% is a big difference.
It would be nice, if someone has better idea than this wider range.
more...
usgc07
02-15 10:04 AM
shensh,
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
Thank you for the advise.
I had similar thoughts about the H1B process (for a person whose spouse is a US green card holder).
I was wondering if somebody had faced a similar situation . It would be interesting to learn about their experience and the final outcome.
Thanks
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skynet2500
07-16 12:35 PM
When did you send the application? is this for 485?
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WillIBLucky
06-20 08:37 AM
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Can you detail how to get the photos taken from AAA?
Where do you need to go for the pics taken?
If you have AAA membership try it... You will get it for free.
Can you detail how to get the photos taken from AAA?
Where do you need to go for the pics taken?
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ameryki
07-20 11:17 PM
Hello,
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
My wife is out of the country right now and planning to return in 3 weeks. She left the country with both copies (we only received 2 copies) of AP that is valid until Sept 10th 2009. Unfortunately we don't have a photocopy of the AP document and she has misplaced the two copies she took along with her. How do we approach this situation. The doc's we do have handy are:
1- Original 485 Receipt Notice
2- Original AP filing Receipt Notice
3- Copy of AP approved screen from uscic. gov
4- Original previous AP
5- AP was issued by MSC
Any advice?
more...
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uslegals
11-26 05:05 PM
congrats man..! looks like the GC is approved.!!! At last a FREE BIRD ~! Enjoy!
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Administrator2
12-09 11:38 AM
Is there any hope for us...
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
There is always Hope. For those who want guarantees even before making an attempt, just remember that seeking such assurances will certainly cause failure for everyone.
Is recapture there? Will Eb-3 or my eb2 date move? Then when will I get my green card approval? Those are all valid questions.
But perhaps we need to rise up above simple answers from a very complicated situation and just do our share, give it our best for the solutions we are looking for. Do not intended to get preachy here, but I hope you get the point.
Thanks for everyone's hard work for actively participating in Action Items and calling your Senators.
more...
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Canadian_Dream
06-18 02:31 PM
That's NOT right. AC-21 Yates Memo states that:
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
As long as your I-140 is not revoked and your I-485 is NOT adjudicated with in 6 months, you are covered by AC-21 portability law. That means you can change jobs before six months (with or without EAD) and still continue with you GC process.
The chances of I-485 being adjudicated in six month is quite low. Stick to your current job for 2 months, remain on payroll for few months by forgoing PTO/Severance. That would give you 3-4 months. Then change your job with H1B and let your I-140/I-485 continue as it is. Send AC-21 letter at the end of 5th month. I think you should stick to your current employer.
Please check old thread on AC-21 discussions and the following link should be useful.
http://www.murthy.com/news/n_yatmay.html
To invoke, AC21 you should have filed 485 and passed 180 days.
In your situation, I would go with the new employer if he is ready to file the labor today(ASAP). If he has the ad already running for a month, then you should be able to get the LC approved within a week.
Then file 140 in premium and wait with all 485 docs ready. if you dont get 140 approved before July end and if the bulletin retrogress, then go ahead and file 485. If the bulletin does not retrogress, then wait till 140 gets approved and file 485. PORT THE PD.
If you dont want to wait, the file 140 and 485 togather. But 140 in regular is unpredictable. If you file in premium then you can get H1 for 3 years later and also you wil get EAD faster.
CONTRIBUTE TO IV.
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sumanitha
12-16 06:53 PM
Not to question you or something, my understanding is that, you can file a 7th year extn based on I-140 .. Has the rule changed?
File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.
Best regards,
Charles
File an H-1B extension while the PERM appeal is pending, asking for one year extension beyond the 6th year. It will be approved with proof of the pending appeal. Then, file a prepare a new PERM filing, withdraw the appeal, and file the new PERM case. With LUCK, you will be able to get the PERM approved and Premium Processed the I-140 before the termination of the 7th year H-1B.
Best regards,
Charles
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akilaakka
07-23 06:29 PM
If-485 is rejected should we wait till PD becomes current?
Raydred
11-18 02:37 AM
I voted for Bob.
gcnotfiledyet
02-28 01:52 PM
For any given fiscal year, either you are on f1 or h1. If for majority of the year (>183days) you are on f1 then claim as f1 for the whole year otherwise its h1.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
If you are on f1 you do not pay ssn/medicare. You should get it back from your employer if they have deducted it. If they have already paid it to IRS then you should get it back from IRS. Contact your employer. Also your overall burden for federal/state taxes is less when you are on f1.
If you are on h1 for the whole year then you will not get back fica taxes. You also cannot claim fica taxes as deductions from your AGI. If you have not paid state taxes then you will have to pay them on h1 when you file for taxes.
Contact an attorney/CPA for advise. Take any advise on this forum as a guidance. Best is to contact your employer/international students office.
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