ras
01-11 11:26 PM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
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arnet
09-18 10:02 PM
Disclaimer: I'm not an immigration attroney, so consult one for your situations as laws and filing procedures are changing constantly.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
most companies do the same (stop paying for H4) after initial yrs of working with them. i think they have to pay for H1 but i dont think for H4. it is easier to file the extension for H4 visa along with H1, i think it will be like 3-4 pages. i think it is somewhere around 200 for H4 (but fees changes often. check USCIS website).
send the I-539 filled and signed application to the company (with payment/reqd documents) and ask them to file both at the same time so that H4 will be approved when H1 is approved. goodluck:)
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
rdehar
07-22 10:21 PM
This would be really difficult -- because labor ADs run for 30 days -- unless you can find a company has gone thru all pre-labor-filing process matching your exact skills ...
PS: Labor substitution is gone :D
PS: Labor substitution is gone :D
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nychyd
01-02 03:16 PM
I could take upto 3 months of sabbatical partially paid (1st month:100%, 2nd,3rd-50%) - I am currently on H1 Visa and working for the employer who sponsered by GC. I would like to know if there is any effect of taking sabbatical on my pending I485 ?
Thanks
Thanks
more...
crazyghoda
06-16 07:22 PM
So step children get the same benefits as dependants. Good to know. I guess if it wasnt so, someone would have raised some issue about it by now. Atleast there would have been a bill in congress.
After marriage he will be your step-son and is eligible for L2 dependent visa.
After marriage he will be your step-son and is eligible for L2 dependent visa.
nuke
08-22 10:02 AM
USCIS has been saying that they control the flow of visa numbers because they are expecting huge rush of 245i cases. But is there any law or clause which says that they have to work in sync with DOL. I think what the law says is that they should approve the received cases accroding to priority dates and don't have to collaborate with any other department or agency. What makes USCIS so sure that all the cases at DOL will be certified and eventually come to 485 stage. If they are so sure that all of these cases will be certified then why do we even need labour certification process. I think we should lobby the USCIS to release a quarter of yearly quota every 3 months and concentrate on already filed cases and not on whats expected.
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
Secondly we should try to find out if all the alloted visas in this year were used up or not. Another doubt I have is, when is a visa number used when USCIS starts working on a case or when a case is approved. If its used up when a case is approved then what happens to the visa numbers which are released in the last month of the year, Are all of those cases approved in one month?
more...
senocular
10-27 08:18 PM
Stop Wasting Your ?
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LONGGCQUE
02-03 08:34 AM
^^^ BUMP^^^
I have same situation. Gurus please reply.
I have same situation. Gurus please reply.
more...
chintu25
12-13 03:18 PM
BUMP AGAIN
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Guys u do not need to disclose the new members name or anything . Just mention the handle of the person . All IVians will whole heartedly welcome the new members
just say I GOT (Put handle here)
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cjagtap
08-07 04:36 PM
me 2 ..they (TSC)told me that 2 nd july filers will get receipt no by mid of august..hope that true..
more...
Raj Iyer
10-07 05:14 PM
Hi:
Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.
During all these process, make sure that you are on your H-1B.
Assuming you qualify for a green card under EB-2, your new employer should do a PERM/ apply for an I-140 , and at that time seek the priority date of the already approved EB-3 I-140.
During all these process, make sure that you are on your H-1B.
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msp1976
02-15 11:46 AM
I might be politically incorrect here....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....
The fact of life is that in Muslim majority countries there is more scrutiny.....It is unfair...But that is the way it is.....
more...
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kriskris
07-24 05:52 PM
It is not OK for the attorney to sign the papers. But no body is going to care as long as there is signature in that column. Just keep quiet, u will be fine. Ask your attorney for a copy of your filed 485 so that if anything happens, you can sign similarly in all the correspondence.
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edaltsis
09-19 01:33 PM
"THIS IS NOT A COMPLEX SITUATION" - Consider changing the subject.
Absolutely, she can go for stamping in India with your H1B approval and get it stamped. If she were in US, based on your H1B approval she will get an Dependent approval notice and a new I-94, she still needs H4 visa to travel.
If you file for H1B renewal in regular process it might take more time, so if you are in a hurry then go for Premium.
Absolutely, she can go for stamping in India with your H1B approval and get it stamped. If she were in US, based on your H1B approval she will get an Dependent approval notice and a new I-94, she still needs H4 visa to travel.
If you file for H1B renewal in regular process it might take more time, so if you are in a hurry then go for Premium.
more...
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moonrah
09-23 07:16 PM
Raj,
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
Thanks. Can you please guide me in I-824? As an applicant, can I ask for duplicate of the notice?
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gc28262
02-13 07:43 AM
FOIA should be the route.
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
I remember someone posting on the forum that they got all their information, right from Labor certification on a CD through FOIA.
Try this google search "FOIA + cd site:immigrationvoice.org" without quotes
more...
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howzatt
08-08 11:56 AM
comeon..So now why we are going to try to make some deductions based on self-filing and lawyer-based applications?
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Please stop this. Please do your best to reduce clutter on the site.
Also, shameless bump
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needhelp!
10-15 12:20 PM
bump
Lousiana.. do you have a chapter yet. If not, please join Texas.
Lousiana.. do you have a chapter yet. If not, please join Texas.
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smisachu
03-30 03:46 PM
Can you give details of the Cruise? I am thinking of an Alaskan cruise too.
Blog Feeds
06-05 01:40 AM
A former member of the Bosnian Serb Army has left the U.S. to return to Serbia after a federal judge ordered his denaturalization based on concealment during his application for U.S. citizenship that he served in the military during the Bosnian war.
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
What is Denaturalization ? Denaturalization is the reverse of naturalization, when a state deprives one of its citizens of his or her citizenship. From the point of view of the individual, denaturalization means "revocation" or "loss" of citizenship. Denaturalization can be based on various legal justifications. The most severe form is the "stripping of citizenship" when denaturalization takes place as a penalty for actions considered criminal by the state, often only indirectly related to nationality, for instance for having served in a foreign military. In countries that enforce single citizenship, voluntary naturalization in another country will lead to an automatic loss of the original citizenship; the language of the law often refers to such cases as "giving up one's citizenship" or (implicit) renunciation of citizenship.
In this case Jadranko Gostic, 47, a former resident of St. Petersburg, Fla., departed the United States on June 1, 2010. U.S. District Court Judge James Moody in Tampa, Fla., ordered his denaturalization on May 26, 2010.
Gostic was indicted in December 2006 on one count of unlawful procurement of citizenship and one count of making false statements. In January 2010, a civil complaint was filed against Gostic alleging illegal procurement of U.S. citizenship and requesting his denaturalization. Court documents allege that Gostic served in the Zvornik Infantry Brigade of the Bosnian Serb Army from April 1992 until December 1995. According to court documents, international tribunals have found that some units of the Zvornik Brigade engaged in war crimes and crimes against humanity, and that they participated in the July 1995 action against the Srebrenica enclave during which some 8,000 Muslim men and boys were executed.
Read more... (http://www.justice.gov/opa/pr/2010/June/10-crm-652.html)
More... (http://www.visalawyerblog.com/2010/06/fl_man_who_served_in_military.html)
zCool
04-23 12:31 PM
This has been discussed before!
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
Moving to EAD is irreversible. You can't come back to H1b without applying for new H1.
The way USCIS knows that is you will show paycheck without valid H1.
This has been discussed before in many threads in details.. do the search.
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
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