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  • waitnwatch
    06-04 03:15 PM
    As an F1 student you can surely apply for EB2-NIW. Being from India you will not be able to file an I-485 concurrently as EB2 priority dates are not current. On the other hand you may file for EB1-A and I-485 concurrently. Getting approval under any of these categories is not trivial though as there are a lot of things to prove to the USCIS's satisfaction.

    One thing to note is that you may have trouble renewing an F1 visa from a consulate in India if you have a permanent residence petition pending. This is because an F1 visa is a non-immigrant visa with an intent to return to home country on completion of study. Filing for permanent residence will show that you are a potential immigrant and so donot fulfil the terms and condition for an F1 visa and will be a reason for denial.

    Hope this help .........I'm not a lawyer though.





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  • brugen
    08-19 03:47 PM
    Send in whatever you do have available with a letter explaining why there is nothing more that you have available. While I know many do not like hiring attorneys because they are expensive, an attorney would be able to help you with the cover letter to ensure the best possible outcome from the USCIS. Good luck to you!





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  • veni001
    06-22 02:46 PM
    With same employer could definitely trigger audits from both DOL and USCIS!!


    Hi,
    I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.

    Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.

    My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).

    Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?

    I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.

    Any input is welcome.


    Thanks,
    Sunil





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  • EB2ToEB3
    08-22 01:53 PM
    I doubt that you need BS in CS. I have a BS degree in Chem engg but recently my I-140 got approved without any issue.



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  • prdgl
    02-19 09:06 PM
    I have been thinking lately about the CIR and SKIL bills.

    Though I did read some of the benifits of SKIL bill, I am not sure what's the reality is going to be IF Skil bill is passed.

    Will the advanced degree holders (even in EB3) will get to apply for I-485 immediately. IF not, is it just that its going to raise the number of visas per country. If so, anybody know how much of raise in visa numbers its going to happen.

    Also how far are we from this CIR or SKIL bill being passed ?

    any thoughts





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  • chanduv23
    10-13 01:33 PM
    It was nice to meet all the folks out in NYC yesterday. Bigining with 20 is not a bad sign on a firday night. Thanks Chandu!

    Will Hicksville/Oyster bay be a good centralised location for Long Island folks?
    If anyone can take initiaitve, I will help support. I will also come to the meet.

    Please PM me in case someone can take initiative



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  • go_guy123
    05-22 02:37 PM
    Thanks for your Reply.
    My Employer is also threatening me that if I ask him for salary then he will lay me off and immediately send me back to India.
    can he do like this ?

    Yes they need to give you lay off notice officially in paper and give you plane ticket to India.
    You can file the complaint and once they give you ticket to India , you can available that to go to India.

    In fact H1Bs shouldn't have been approved for your employer in first place. Obviously in your case the client is delaying payment but you employers need to have the
    working capital to pay you even if the client is not/delaying payment.

    This was a problem/abuse with the small consulting companies aka body shoppers for over a decade now. It seems that USCIS is eventually cracking down on this.





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  • myGC_0507
    05-17 10:14 AM
    My friend filed her H1B transfer at Vermont office in April and got her approval in May (one month).



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  • StarSun
    04-11 09:40 AM
    Hello!
    I was trying to use the Free Conference Call service to ask a question to the lawyer but was informed that the access code 388991 is incorrect. Has it been changed? If so, can someone provide the new code.

    Thank you very much for providing this invaluable service to the entire community.
    -Raji

    Please refer to the thread running on the home page for the current conference access code. For this week, check http://immigrationvoice.org/forum/forum14-members-forum/2098838-free-attrny-call-apr-14th-ari-and-greg-frm-visalaw.html





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  • deepakd
    07-10 01:33 AM
    USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.


    Thanks
    I would take my words back instead of never I would say the chances are slim that USCIS would call the employer. Never heard of this before this



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  • Siddharta
    03-11 11:02 PM
    CITI Bank usually send the 1099. But if you have account with ICICI or some other Indian Banks they do not send it. Also check if your bank in India deducting Tax (Usually called as TDS) on interest you earn. That amount you can deduct on US tax return as foreign taxes paid.

    You are right. I just confirmed also with ICICI(my bank) and they do not send 1099. Damn.
    So what should I do now. Do I report the interest income from prior years (its very small.... less than $200/year) and file TD F 90-22.1 form this year.
    How big a issue is this. Should I be very scared?





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  • ola
    06-13 01:33 PM
    Memphis, TN



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  • abracadabra102
    08-27 06:07 PM
    but if i go through a regular divorce process is that okay for the USCIS?

    You are not getting it. If you file for divorce, your spouse won't get GC, whichever way you want to twist it.





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  • casinoroyale
    08-22 09:42 AM
    I know that it is possible to apply for H1-B visa and enter after using EAD. But, I am little dubious about using old visa after using EAD, but it should not make much of a difference I think.

    In any case, you should be prepared to field questions at the POE for your actions otherwise he may ask you to use AP instead.

    By the way, this is the only way one can re-instate their H1-B status after using EAD.


    Coming back on H-1B after using EAD
    =========================
    Is it possible ? if yes then how ?
    Is there any risk in this ?

    Thanks for all who reads and reply..



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  • pappu
    06-06 09:10 AM
    http://immigrationvoice.org/index.php?option=com_content&task=category&sectionid=4&id=13&Itemid=36

    You can find some points here in the documents on the URL mentioned above. This thread brings a good point. There are several issues that impact society, economy, family and relationships due to delays and problems in the GC process. Nobody has a compresensive study on that. Its a real anthropological/sociology and somewhat economics subject for anyone in universities doing a research. Such student can use us in this group to study. We should also try to have a document highlighting these issues so that US media can look at this problem from a different perspective.

    some points
    - lives are on hold
    - property purchases cannot be planned
    - cannot plan future investments and plan for settling in life.
    - H1B is a temporary job and loss of job means leaving the country in 15 days. thus it impacts the lifestyle and family life. it has economic and psycological implications
    - spouse cannot even have driving license since they cannot have a social security card. social security card is given only upon getting work permit. and h4 visa means spose cannot work. lack of driving license is a huge factor in creating restlessness and anxiety and leads to several hardships for a family. Driving is a need in this country and lack of of by spouses affects the homemakers and management of the house and needs.
    - H1Bs on extensions (1 year) and people with 1 year EADs have difficulty getting driving license renewed in some states. not being able to drive to work is a big problem in itself and has economic and physical hardship implications.
    - long wait for green card weighs in heavy on immigrant families and they cannot enjoy the same freedom that citizens or permanent residents enjoy. This restriction hampers the growth and development of children.
    - children of H1B holders cannot get any relief in tuition in local colleges even if they are intelligent and qualify all exams with best scores. They cannot get any scolarships.
    - employers of h1B tend to exploit employees knowing that the employee will stay until PR application is approved. This creates depression in employees.
    - lack of promotions and raises for H1B immigrant causes disparity amongst employees and coworkers change their attitude against the employee. Such lack of respect and seeing juniors becoming seniors over a perid of time, creates emotional stress in immigrant.
    - The lengthy, vague and irratic nature of proceessing of cases by USCIS and DOL causes tensions and distress at various stages in the process.
    - Skilled EB immigrants only make up 11.5% of legal immigrants. This small number contributes the most to the us economy instead of other catagories.
    - Lot of highly educated professional want to start new businesses and ventures. Inability to do that hurts their innovative spirit and competitive edge that usa can befit from. New business will also provide more revenue and jobs for the country.
    - Due to the nature of H1B validations and extensions, every time the immigrant travels to the home country there has to be a visa interview. These visa interviews have to be planned months in advance and the trip cannot be short. It has a financial burden and emotional stress for the family. Not being able to visit the homecountry at will creates family tensions and issues. Families and relatives have to stay part and meet after long intervals of time.
    - inability to change jobs during the 8 year greencard process hurts the learning and development and career growth of the person. For a high skilled professional in the prime of his work life this is very important. Not being able to change jobs creates frustration and growth becomes stagnant.
    - the long wait for the GC forces some immigrant to migrate to other developed countries that have better immigration process or head back to home country to use their skills. Its a loss of intellectual capital for USA. For an immigrant it means uprooting life again from one place and restarting life again elsewhere. It not only has financial implications but a social, cultural and emotional burden on the family.





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  • Green.Tech
    08-03 05:11 PM
    AFAIK, one can amend the EB-3 485 petition and inform USCIS to use the new EB-2 labor and 140 for the same 485 application from before. I don't think that a new 485 needs to be filed in this case. I may be wrong though.

    Anyone has any legal insights into this?



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  • JazzByTheBay
    08-01 08:38 PM
    ... would be to outsource the mundane clerical work to a more efficient *on-shore* processing firm, and web-enable most services, remove repetitive submission of same documents with every single application, and provide customer access to his/her immigration profile & docs online (so we don't have to carry around the history of our lives on paper.... wherever we move... ).

    jazz

    It would probably be OK... but as you've rightly guessed, and given the fact that USCIS hasn't really outlined any plans to demonstrate how the extra money will be spent and whether it will guarantee better and faster service measured by a dramatic reduction in processing times, this money is probably going towards enforcement.

    It's probably DHS getting the money (not USCIS directly - the checks I wrote were for DHS, iirc).

    jazz





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  • sathishav
    03-01 02:07 PM
    If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.

    I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.


    http://www.myvisajobs.com/Document/YatesMay05.pdf

    Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?

    Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
    485 that has been pending for 180 days or more, the following procedures should
    be applied:
    A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
    it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
    B. If additional evidence is necessary to resolve a material post-filing
    issue such as ability to pay, an RFE can be sent to try to resolve the
    issue. When a response is received, and if the petition is approvable,
    follow the procedures in part A above.





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  • vjzzz
    09-30 03:31 AM
    I have my visa stamping this week in Nogales, Mexico. Does anybody have any advice, tips, etc? Hoping to get my stamping on the same day of my appointment, thats one of the reasons I booked by appointment there.
    I will be using the assistance of NVS International for my transportation, bank draft, hotel, etc. If anyone needs assistance in Nogales they can help you out: www.nogalesvisaservices.com. They seem to offer very good service in Nogales, heard good comments about them.





    ryan
    05-27 03:22 AM
    Attny said: If we port to this new 140. IF in case its rejected, then since this 140 is linked to my old 485 application, it will not be adjusted.

    I was not agreed. Then they said, According to Nebraska service center, in Nov 2010 - They are not entertaining adjusting pending 485 with newly ported but rejected 140.

    So, Attny said, for safe , since I am no longer on h1, they suggested to port after second 140 approved.

    How ever, I need to make this is false. Still I dont agree this logic.

    May I make a sincere suggestion. Please, go back to school, take a course in English grammar, writing mechanisms and reading comprehension. People can better respond to you, when they understand whatever is it you are asking. You may also be able to file as a qualified EB2 applicant. No pun intended.





    MatsP
    November 9th, 2004, 07:37 AM
    Hi Mandy, and welcome to Dphoto.

    The choice of DSLR's is not an easy one.

    By all accounts, the Digital Rebel/300D is an excellent camera.

    So is the Olympus, as far as I know.

    The Canon will give you a greater selection of lenses.

    There's also another great choice in the Nikon D70.

    Why would one be better than the other? Depends on what you want, really. All of them take good photos.

    Canon probably have THE best selection of lenses, all the way from cheap-n-cheerful to expen$ive professional level where a single lens will break your budget several times over. There's also a good selection of other accessories, such as a number of flash-guns, and other bits and pieces.

    At $779.95 (after rebate) from B&H Photo (this is not an endorsement), it leaves you with a small lump of money to extend the kit, or spare cash for your trip.

    The big advantage on the Nikon D70 compared to Canon would be it's ability to take more fast shots in a row. That would be useful if you're after snapping sports/action shots, but if you just want to take a few shots of beutiful land/streetscapes, your friends/family and the odd young one having a go at baseball, it's not really an advantage as such. There may be some other features that I don't know about, but I would think those differences are minor. On the other hand, it's a little bit out of your budget.

    The big advantage on Olympus side is the smaller form-factor for the lenses. I'm pretty sure that Olympus would want it to stay, and it's very unlikely to disappear in the next few years. If anything, it's most likely a forward path, but who knows... I'm pretty sure both Canon and Nikon are watching carefully.

    I own the EOS 10D, because I wanted the sports ability, which is slightly better on the 10D compared to the Digital Rebel. But I was locked into Canon from owning a fair amount of lenses that would cost MUCH more than the cost of the camera body to replace. I've been "collecting" those lenses for some time. And to sell used lenses to buy similar ones from another brand gets pretty expensive, so once you've selected a brand, you need a much bigger advantage from another brand to switch.

    That doesn't apply when the photographer gets paid for the pictures taken, especially since the equipment in this case often gets quite a bit of (accidental) abuse, and needs replacing with much shorter intervals than the amateurs would anyway. This is why Canon pretty much won overnight on the transition to Autofocus. Canon had a better solution than Nikon, but they also "forced" a change of lenses. The professionals jumped on the Canon system because it gave them a small advantage of getting a better shot, even if they used to have a Nikon before they changed over].

    Anyway, I'm not sure this is much help, but perhaps gives you a few pointers in the right direction.

    Also, I would advice that you get the camera at least a few weeks before you go on vacation, so that you can get used to the camera.

    --
    Mats



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