PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
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gnrajagopal
08-18 11:43 PM
I dont have any changes to status when I check my 485 case status online but today in the mail i received I797c notice welcoming me as a premenant residence. I am a bit hesitant to celebrate, but am I seeing green?:o
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
Raj
EB2- India [ Oct 2005 @ NSC]
485 filed Aug 2007
kumar1
02-06 03:04 PM
Enjoy the post of manager and request your company to demote you to a developer once GC comes through.
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belmontboy
01-12 06:05 PM
Its official - "FloridaSun is a moron"!
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MartinR
February 16th, 2005, 08:56 AM
Thanks a million MatsP. Here's proof of what I wrote about still learning about this camera after 4 years: I'd never come across EXIF before and after searching through the camera manual I figured I probably didn't have it. Just in case, though, I rumaged around in Irfan and Picture Window Pro and found that all that EXIF information is there after all and I never knew it. I will now take a photo at what I have calculated is the 50mm standard equiv focal length and then check the EXIF to see how close it is.
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
So, I'm really grateful for your drawing that to my attention. By the way, Farmborough - brings back memories of cycling from the RAE YMCA through to NGTE each day some 25 years ago. I know the YMCA's not there any more and I'm sure the RAE and NGTE have undergone many changes of name since then.
Thanks again
Martin
RNGC
02-05 08:38 PM
Always advicible to use H1B renewal and H1B transfer, recommend not to use EAD.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
If you plan to change employer and what if he revokes your I 140. so better to renew.
And what if you plan to renew EAD and it gets delayed ( you can go for interim) so why take risk.
Good luck
Thanks for the replies....but its been more that 180 days since I applied I-485, and my I-140 is approved, so revoking I-140 is out of the question. I would prefer to use AP instead of using H1, the trouble of going to the consulate when you travel......So, one more Q, Can we show our AP, even after we work on the H1 extension at the POE ?
Thanks.
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GCBy3000
04-10 03:58 PM
I am from Wisconsin. I sent an email expressing to volunteer from WI State.
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greenguru
06-30 12:03 PM
Well Said, EB3 retro.
My job title is Software Engineer, can i join another company with a different job titile.
Cheers
My job title is Software Engineer, can i join another company with a different job titile.
Cheers
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eb3retro
06-29 12:56 PM
i invoked ac21 twice..never asked even a single question to the employers, infact my current job title is not even close to the job title that my labor was filed long time ago, i am very confident, i will change my mind and go back to india for good, before my PD of jan 2003-India becomes current. just cant ruin my career and life thinking about things that are not in our control..just my opinion, not an advice. if u get struck with a sick job for years due to the GC mess, it justifies itself for all these decisions. even if they issue an RFE and my GC gets denied, i care a less about it, cos it lost its importance when it took this long..atleast i am doing some work right now which will help my career on a long term basis.
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moonrah
07-23 11:32 AM
Yes that is correct.
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mbawa2574
07-07 07:56 PM
IV core leadership has to change and so is the stratergy. Current Lobbying efforts have clearly not worked out. I call for elections to elect the new core team. All these conference calls and inaction is just wastage of time and things are getting worse. We need an aggressive stratergy and may need to take names and hit people openly to get our agenda pushed. IV leadership clearly lacks these skills.
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gcman2005
10-08 11:04 AM
Hello,
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
I have following situation and need some help on making my travel decision:
1. Me and my wife booked ticket to travel to India on October 27th and coming back on November 29th. Our advance parole will expire in NOV 18th. We have H1B approval till 2010 from a company A. I am working on H1B and my wife working on EAD.
2. Me and my wife filed EAD/AP July 29th 2008. My AP got approved on Aug 31. But my wifes AP/EAD is not yet approved.
3. Two months back my H1B sponsoring company( company A) was acquired by company B. Company B is a Canadian company. Company B has taken all obligations and liabilities of LCA's of company A.
4. Since the aquiring comany is candian company my offer letter and the employment verifaication letters are with address and telephone numbers of canada/ottawa.
5. My pay stubs are still issued with name of Campany A.
6. Since My wifes AP is not approved we are planning stamp out H1B/h4 visa at us consulate in chennai. I am wondering with above situation is there any risk in visa approval at chennai consulate ?
7. Is there any way from now and OCtober 27 I can expidate the AP approval for my wifes application?
8. How long it takes these days for H1B visa approvals at chennai with the new PIMS process ? Will I get visa approved on Nov 10th if my interview is on NOV 3rd?
9. What are the risks in this travel ?
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wandmaker
07-19 08:50 PM
Thats informative. My receipt is SRC-07-264-XXXXX. The received date is July 2 and notice date is Sept 4. I dont think my application was received on the 264th working day. Even if you consider Sept 4 as the 264th day, that means that there are about 274 working days in a year (Fiscal -Sept 30 or otherwise). That seems too high!
Fiscal year 07, starts for USCIS from Oct 1st 2006 - Add 264 USCIS working days - it should match to Sep 4th
Fiscal year 07, starts for USCIS from Oct 1st 2006 - Add 264 USCIS working days - it should match to Sep 4th
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shreekhand
07-25 05:23 PM
He is not supposed to give you the entire document. Please read the instructions carefully printed on the upper portion !!
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
Something does not sound right here. How can the employer "misplace" the upper portion of the approval notice? In the first place, why did he even separate the upper portion and the lower portion? He is supposed to give you the entire document as a single piece of paper.
Some thing really does not sound right here. By law, he is required to give you the approval notice.
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pthoko
06-19 12:43 PM
Does the affidavit for Birth be on Stamp paper?? All those who have obtained affidavits, please advise.
Thanks.
Thanks.
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h1techSlave
10-28 02:14 PM
what visa are these legal immigrants coming on?
The author is talking about Family visa categories here.
The author is talking about Family visa categories here.
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tsrinivas
07-19 02:30 PM
All that your have to do is get it translated by any one who is fluent in English and Marathi ,
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
Document has to be signed and contact information of the Translator has to be placed.
-------------------------------------------------------------
Translated Text
------------------------------------
Declaration of Translator
I ____________________ certify that I am fluent in the English and Marathi languages, and that the foregoing is a complete and accurate translation of the attached document.
Signature
Date
Contact Info
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kaisersose
11-13 04:13 PM
Thank you all for your valuable input. I have a follow up question :
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
Will I be breaking any laws if I just do voluntary marketing and promotional work for my company in India.
Here is the situation :
My clients will be in USA and they will be paying my company in India. I will be on the board of the company , and will be doing voluntary marketing and promotional work for the company while residing in USA.
Thank you for your time.
Your H-1b must be sponsored by a US company. H-1b terms require you to gainfully work only for that employer. As long as your US tax returns do not show any other source of income and show you have been working fulltime for your sponsoring employer, you should be fine.
They do not bother with foreign wages or what you do with your free time ( as long as it inot a second job).
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ArkBird
10-04 08:34 PM
How did they pull it off?
We have been waiting for data like this since umm..... last ice age??
Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....
We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!
In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)
I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.
Let the Reds rain!
We have been waiting for data like this since umm..... last ice age??
Something is drastically wrong. Either they have MUCH MORE influence than us(IV) in USCIS/DOS or someone knows right handshake and wink....
We can't even get official clarification on AC21 rule from "babus" at USCIS forget influencing "netas" for recapturing & CIR!!!
In 2007 PD fiasco, we take too much credit for so called "Flower Campaign" and think that because of that USCIS reversed the decision and accepted all the 485. DEAD WRONG!!! It was because of Congresswoman Zoe Lofgren (D-CA). She wrote letters to Michael Chertoff, Secretary, U.S. Department of Homeland Security (DHS) and Condoleezza Rice, Secretary, U.S. Department of State (DOS)
I have been long time member, may be one of the first few members and I will keep supporting IV in whatever way I can in the future also but I am convinced that unless we gain critical mass, nothing is going to happen.
Let the Reds rain!
thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
gcdreamer05
10-22 12:17 PM
Good morning everyone!
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
I have an H1B issued in October 2006. Also, my concurently filed I-140 and I-485 were filed in November 2007 and are pending and I have just renewed my EAD.
Yesterday, I received an email from HR asking me to provide a new EAD, because the old one expires. Their records indicate that my status is pending I-485, not H1B. Obviously I never told them to use the EAD, because I know the H1B may be invalidated. I provided them with a copy of the H1B when it was issued, but later the lawyers may have provided them with a copy of the EAD and they just updated my status from H1B to pending I-485. HR doesn't know anything about immigration processes or regulations.
Given HR fixes their record now to show I am working on H1B, is there any way USCIS can find out that HR used the EAD to verify I have the authorization to work and invalidate my H1B? Is there a database where all companies input the basis on which their non-citizen employees are authorized to work that USCIS has access to on a regular basis and which shows that basis/status at each point in time (like a log)? What does to work on H1B or EAD actually mean (what does HR have to do differently - maybe when they file taxes?) and how can USCIS know whether one works with H1B or EAD?
I really appreciate any hint/advice and thank the helper(s) in advance.
Did you fill any I-9 form or your hr filed it? the status of the applicant is decided by the I-9 Employment eligibility form.
Even otherwise i dont think it is a problem, they can change the form again to show your respective status ?
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