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Source URL: https://joshhamiltonblog.blogspot.com/2011/06/chaukka
09-11 11:07 AM
Two questions for the experts...
I am on J1 visa and have received a home residency requirement waiver. Do the experts here know if I can apply for a J1 visa extension (after receiving the waiver)? I read somewhere that it may not be possible to do so.
Also, are there are any foreign travel restriction on a J-1 visa?
Thanks
I am on J1 visa and have received a home residency requirement waiver. Do the experts here know if I can apply for a J1 visa extension (after receiving the waiver)? I read somewhere that it may not be possible to do so.
Also, are there are any foreign travel restriction on a J-1 visa?
Thanks
wallpaper Houston Astros New Era 59fifty
andhrawala
05-08 09:07 AM
Thanks guys. That was helpful. I will return my I-94's (H1B I-94 and the one when I came last time) to the airline in Washington.
meridiani.planum
03-13 11:53 AM
My priority date is in Oct 2005 (ROW) and yesterday was the 180th day after filing my I-485 application. I need some help in deciding if I should wait for the green card with my current employer or think of changing the job using AC21. Your suggestions will be really helpful.
Thanks.
check the next VB (should be out in a day or two). Based on a thread where someone found the dates from the Mumbai consulate website, EB-3 ROW might move to July 2005. if it does, it might be worthwhile hanging on a couple of more months to this job and see if you become current.
On the othe rhand if you get a really nice offer, jump. AC-21 only adds a bit of complication to your job, it does not prevent you from getting a GC.
Thanks.
check the next VB (should be out in a day or two). Based on a thread where someone found the dates from the Mumbai consulate website, EB-3 ROW might move to July 2005. if it does, it might be worthwhile hanging on a couple of more months to this job and see if you become current.
On the othe rhand if you get a really nice offer, jump. AC-21 only adds a bit of complication to your job, it does not prevent you from getting a GC.
2011 Houston Astros Photo Day
Blog Feeds
05-26 11:10 AM
The Immigration and Nationality Act (Act) provides for the admission of different classes of nonimmigrants who are foreign nationals seeking temporary admission to the United States. The purpose of the nonimmigrant�s intended stay in the United States determines his or her proper nonimmigrant classification. Some classifications permit the nonimmigrant�s spouse and qualifying children to accompany the nonimmigrant to the United States or to join the nonimmigrant here. To qualify, a child must be unmarried and under the age of 21.
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
F-1 nonimmigrants, as defined in section 101(a)(15)(F) of the Act, are foreign students coming to the United States to pursue a full course of academic study in SEVP-approved schools. An F-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an F-1 student.
M-1 nonimmigrants, as defined in section 101(a)(15)(M) of the Act, are foreign nationals pursuing a full course of study at an SEVP-approved vocational or other recognized nonacademic institution (other than in language training programs) in the United States. An M-2 nonimmigrant is a foreign national who is the spouse or qualifying child of an M-1 student.
SEVP is the DHS program that administers SEVIS. It ensures that government agencies have essential data related to nonimmigrant students and exchange visitors to preserve national security. SEVP provides approval and oversight to schools authorized to enroll F and M nonimmigrant students and gives guidance to both schools and students about the requirements for maintenance of their status.
ICE SEVP I-17 FAQs provide information for schools about SEVP certification, including background on SEVP and SEVIS, SEVP certification basics, an overview of the SEVP certification process, preparing the petition for SEVP certification, and preparing for a site visit.
Click here for more info for Schools (http://www.ice.gov/sevis/i17/)
More... (http://www.visalawyerblog.com/2011/05/f1_visas_sevp_faqs_on_form_i17.html)
more...
ps57002
03-02 11:22 AM
anyone know????
vban2007
04-22 04:35 PM
H4-H1-EAD-AP
Hi All,
Would request any answers or any practical experiences in regards to my queries:
My wife and my infant daughter originally came to the US in 2004 on H4 and my wife got her H1-B also in 2004.
In Oct 2007 I and my wife got our EAD (The GC processing is through my company). Also since our arrival to the US in 2004 we did not go to India . But we are planning to go this summer.
My queries: We are planning to use AP to enter US
*
What will be my status once I come back from India. Can I maintain H1B Status without going for stamping since I changed my company. to enter US
*
My wife has no H1-B stamp on her passport (since she came on h4). Can she come back on H1B, without going for stamping? Or is it advisable to go for stamping of her H1 and come on H1-B?
*
My daughter has H4 visa based on my H1-B, can she come on H4?
Appreciate your response.
Hi All,
Would request any answers or any practical experiences in regards to my queries:
My wife and my infant daughter originally came to the US in 2004 on H4 and my wife got her H1-B also in 2004.
In Oct 2007 I and my wife got our EAD (The GC processing is through my company). Also since our arrival to the US in 2004 we did not go to India . But we are planning to go this summer.
My queries: We are planning to use AP to enter US
*
What will be my status once I come back from India. Can I maintain H1B Status without going for stamping since I changed my company. to enter US
*
My wife has no H1-B stamp on her passport (since she came on h4). Can she come back on H1B, without going for stamping? Or is it advisable to go for stamping of her H1 and come on H1-B?
*
My daughter has H4 visa based on my H1-B, can she come on H4?
Appreciate your response.
more...
brawn81
01-27 01:02 PM
I am not an anti immigrant because I am an immigrant. I posted this because everybody know how antis are marketing/advertising against us.
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punjabi
08-07 05:57 PM
...that means your application has been accepted.
If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!
If the supporting documents are not complete or if USCIS wants more evidence, you should get an RFE. USCIS post Receipt Notice only after they make sure that at least the very mandatory supporting gdocuments are in proper order!
more...
wIeRdLiFe
11-04 02:03 PM
Hi,
thanks for quick reply. What will decide which center it goes to? What are other centers and dates?
thanks
thanks for quick reply. What will decide which center it goes to? What are other centers and dates?
thanks
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amo76
04-19 09:12 AM
Hello all,
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
My company merged with another one last year just after my I-140 was approved. I'm preparing to file I-485 (doing it myself) and I'm wondering what kind of documents/letters do I need to submit to USCIS to proof that my job wasn't affect by the merger and I'm still working in the same position.
I'd really like to send all required information to USCIS so that I don't have to reply to RFEs later on.
Any examples of letters or list of supporting documents will be appreciated.
Regards,
Alex
Contributing $20/month
more...
pappu
01-22 03:52 PM
the link you provided did not show any "Interestnig Cricket Widget on IV". Is that the correct link?
.
Thanks Sanju
The correct link is http://immigrationvoice.org/forum/blog.php?u=31942
.
Thanks Sanju
The correct link is http://immigrationvoice.org/forum/blog.php?u=31942
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sounakc
05-24 07:08 PM
my wife is filing her I-485 based on my filed I-485 under EB2. Do I need to include an affidavit of support I-864.
sounak
sounak
more...
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gc_lover
06-10 07:35 PM
Can anybody please let me know what are the documents needed to file for 485. If I do not have any immunization record, how can I show that immunization record?
Somebody with experience please post. It has been answered earlier elsewhere, but I could not find it through search.
Thank you
Search the forums on this site. These things have been discussed multiple times in few threads, just need to find it.
Somebody with experience please post. It has been answered earlier elsewhere, but I could not find it through search.
Thank you
Search the forums on this site. These things have been discussed multiple times in few threads, just need to find it.
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txh1b
04-21 12:52 AM
Are you married to a USC? If so, you have nothing to worry about. Do not travel until your GC is approved as AP is not 100% safe for people that overstayed.
more...
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h1bdude1
04-20 11:04 PM
Hello guys,
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----
Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???
thanks
h1bdude1
I am sending my family based I-485 on May 1. currently i am on h1b . My h1b approval (I-797A) is valid till April 15, 2009. my h1b extension is already pending with USCIS. My Question is :::----
Is there gonna be any problem with USCIS since my h1b approval already expired?? what will be my status after i filled my I-485?? Can i legally stay in US after filing family based I-485 even my h1b extension get denied.???
thanks
h1bdude1
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Saburi
12-28 09:25 AM
Guys,
I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
Is there anyone who has expereineced the same and want to share?
I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
Thanks in advance.
I had the same situation but in vermot center and it took 20 days to get transfered to the new company as i did file in Premium Processing, but a friend of mine did applied in regular as you did nd it took exactly 3 months to get it transfered.
So i think your will be done in Jan 2007 do not worry.
Best Regards
Saburi
I switched my job in first week of October this year and My new employer filed the H1B transfer petition on Sep 26 (USCIS Receipt date). It has been almost two months and USCIS online status still shows case received and pending, while California State Center processing dates shown Oct 15 which is 20 days after Sep 26.
Is there anyone who has expereineced the same and want to share?
I am bit concerned because my employer has started the GC process and will be ready to submit the PERM application in few weeks.
Thanks in advance.
I had the same situation but in vermot center and it took 20 days to get transfered to the new company as i did file in Premium Processing, but a friend of mine did applied in regular as you did nd it took exactly 3 months to get it transfered.
So i think your will be done in Jan 2007 do not worry.
Best Regards
Saburi
more...
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WeShallOvercome
11-20 06:18 PM
Can you tell me how to check if my PD is current?? Thanks
Date1 = The date your LC was filed (Or I-140 if you are LC exempt case)
Date2 = The date on Monthly Visa Bulletin for your Country of birth, and
category
If Date1 is older than Date2, you are current, otherwise not
Date1 = The date your LC was filed (Or I-140 if you are LC exempt case)
Date2 = The date on Monthly Visa Bulletin for your Country of birth, and
category
If Date1 is older than Date2, you are current, otherwise not
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wandmaker
04-28 08:55 AM
Hello
I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
can anyone help me with this.
how many days will it took to complete the process??
is there any other way around........
please answer me ASAP.
It usually takes 8 weeks tops to complete (after all dig deeeeeeeep checks). Does your first & last name match on passport, 797 and I-94? - this is one of reasons for delay in issuing a SSN. My 2C
I am on H1 and 3 months back i came to US.After one month i applied for SSN,but still didnt get that.
when i went to SS office for enquiry 1 week back, they told me that my immigration verification was not done yet. so i had to wait.
can anyone help me with this.
how many days will it took to complete the process??
is there any other way around........
please answer me ASAP.
It usually takes 8 weeks tops to complete (after all dig deeeeeeeep checks). Does your first & last name match on passport, 797 and I-94? - this is one of reasons for delay in issuing a SSN. My 2C
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DSLStart
03-14 12:54 PM
EB-3 ROW current PD is March 2003, his PD is 2006, so he is not current.
Since you do not belong india nor china, I assume your case is current. So, they probably approving your case. Good luck
Since you do not belong india nor china, I assume your case is current. So, they probably approving your case. Good luck
sac-r-ten
07-07 12:34 PM
Why are you going to other forums for advice. Those other forums are after making money from traffic and ads. They want you to suffer as long as possible so that they make money. They even charge per question. You are being anti-IV by visiting other forums. I hope you see the difference between them and IV.
by other forums i meant other forum sections on IV.
by other forums i meant other forum sections on IV.
jackisback
02-10 02:24 PM
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Source URL: https://joshhamiltonblog.blogspot.com/2011/06/lekyiscool
August 10th, 2007, 10:06 AM
thanks bad news but il gues il travel with the dslr and my sony cybershot kinda sucks tho since my old half dslr nikon is able to take videos
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pappu
08-20 03:39 PM
Work travel prevents me from attending the DC rally on the 18th (was going to attend on the 13th), but if anyone is hesitating on whether to go due to funds, i offer $200 if you promise to attend. Send me a private message!
Thanks. Send a note to KanMe about this
Thanks. Send a note to KanMe about this
abhisec
04-09 06:20 PM
Hello All,
I've been a IV member for a while now and this is a fantastic resource for someone like me who�s going through the immigration process.
As a way to give back to this community, I would like to provide the users of this forum an early advantage to a job bootcamp that my team is planning for June: http://www.careertiger.com/job-bootcamp-silicon-valley-june-13th/
As you can imagine, I'm trying to help people in Silicon Valley with their job search.
Special early registration for IV members:
Registration for this bootcamp start on April 12th, however for IV members, there's a way to get a leg up on the registration - http://tinyurl.com/IVmembers and reserve their special offer.
If you have any questions for me, please feel free to PM me.
- A
I've been a IV member for a while now and this is a fantastic resource for someone like me who�s going through the immigration process.
As a way to give back to this community, I would like to provide the users of this forum an early advantage to a job bootcamp that my team is planning for June: http://www.careertiger.com/job-bootcamp-silicon-valley-june-13th/
As you can imagine, I'm trying to help people in Silicon Valley with their job search.
Special early registration for IV members:
Registration for this bootcamp start on April 12th, however for IV members, there's a way to get a leg up on the registration - http://tinyurl.com/IVmembers and reserve their special offer.
If you have any questions for me, please feel free to PM me.
- A
2011 Julia had a rough pregnancy
deecha
09-15 04:52 PM
I wonder what the ACLU will come up with :)
More business for them .... lol .. :-)
More business for them .... lol .. :-)
more...
gc28262
08-08 06:12 PM
Why should there be a restriction on premium processing ?
You should be eligible.
Moving to the Faster Lane : Changing EB3 to EB2 (http://www.murthy.com/news/n_eb3to2.html)
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
You should be eligible.
Moving to the Faster Lane : Changing EB3 to EB2 (http://www.murthy.com/news/n_eb3to2.html)
Case Study: Upgrade from EB3 to EB2 (http://www.imminfo.com/News/Newsletter/2010-06/case_study_upgrade_from_eb3_to_eb2.html)
nat23
05-24 08:24 PM
r u guys sure that u arent reading the text introduced by Harry Reid? This is last years Bill...the one they are debating is from Kennedy....
Compare it with CIR of last year and if they are same then you are looking at the wrong one.
Compare it with CIR of last year and if they are same then you are looking at the wrong one.
more...
fumeng
06-08 05:11 PM
yeah, you're right. my site is almost 3 years old now -- time for an update.
thanks.
fumeng.
thanks.
fumeng.
2010 Actress Julia Roberts and her
byragani
10-08 06:56 PM
SpotAnAnti - Seems like some of the people love to spend life in slavary. Whole world knows about these body shoppers. I am sharing the info so that the people who wants to live freely can get the inspiration. I myself is the victim of these so called "bodyshoppers".
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pappu
05-28 02:18 PM
Thank you for the thread
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gsc999
02-15 07:53 AM
Interesting stuff
Some of the provisions that impact us are on the last page, you may want to read the document starting last page.
Some of the provisions that impact us are on the last page, you may want to read the document starting last page.
more...
munch_042
04-15 07:21 AM
I'm from the Philippines and Mar. 28, 2006 is my PD. My question now is, what if by June (by God's grace) my PD will be processed. How many more months should I wait before receiving my packet 4? considering that certain documents (ds230,nbi) need to be updated & be sent to them. A total of how many more months should I still need to wait before my embassy interview?
Hope u can really help me with this! thanks!
Hope u can really help me with this! thanks!
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acecupid
06-05 04:27 PM
Thanks! Keep the information flowing
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Pasquale
04-01 01:07 AM
You guys are funny......... in bed.
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pnagar
12-05 08:47 PM
Bump..
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paskal
08-14 02:56 PM
Anyone here whose application was signed by BESCH?
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
welcome to iv btw. you are close enough to DC to come to the rally..better still we need you, please help with pre rally preparations. please be good enough to complete your profile. thanks!
EB2 - India
PD: Dec 2006
I-140: Feb 9, 2007
I-485: Jul 3, 2007 @ 9:04am, signed by BESCH
Checks cashed - No
Receipt - No
welcome to iv btw. you are close enough to DC to come to the rally..better still we need you, please help with pre rally preparations. please be good enough to complete your profile. thanks!
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NolaIndian32
06-02 02:16 PM
And if I get my green card through the UAFA (hopefully it will pass in 2010 or 2011) then thats one less person in the EB2 queue. Thanks for posting this!
Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law. Even as several states are enacting marriage equality laws and anti-discrimination laws are moving forward around the US (including here in my home town of Memphis), the antiquated Defense of Marriage Act prevents USCIS from treating these families fairly. The UAFA would be a huge step forward. The Senate will have its first hearing on the bill tomorrow. My friend Chuck Kuck, president of the American Immigration Lawyers Association, has posted his written statement here. Thanks to reader...
More... (http://blogs.ilw.com/gregsiskind/2009/06/senate-to-have-hearing-on-uniting-american-families-act.html)
Kudos to Senator Chuck Schumer for raising the profile of a serious issue - discrimination against same-sex partners in US immigration law. Even as several states are enacting marriage equality laws and anti-discrimination laws are moving forward around the US (including here in my home town of Memphis), the antiquated Defense of Marriage Act prevents USCIS from treating these families fairly. The UAFA would be a huge step forward. The Senate will have its first hearing on the bill tomorrow. My friend Chuck Kuck, president of the American Immigration Lawyers Association, has posted his written statement here. Thanks to reader...
More... (http://blogs.ilw.com/gregsiskind/2009/06/senate-to-have-hearing-on-uniting-american-families-act.html)
more...
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meridiani.planum
11-12 02:03 PM
Hi,
I am currently residing in US on H-4 visa. My husband is on H-1 visa and our Green Card processing is in progress - our
I-140 has been approved. Our priority date is in May 2008.
The current "priority dates" for EB-3 as per USCIS is April-2001. Based on this, When can we expect our "485" to be filed and our EAD to be approved ?
I have a law degree from India (12+3+3) and currently I am pursuing a paralegal program from an ABA approved university. I might loose my job oppurtunities if I don't have a work permit. Is there anyway that I can get a work permit with my pending GC application process, without hampering the GC process ? Can I get a work visa (or EAD) based on my education ?
Thanks,
BS
With a priority date of May 2008 EB3-India, unless there are legislative changes (or another July 07 fiasco) you are expecting a wait of atleast 4-5 years before you can file your 485 and get an EAD. Perhaps longer, considering how EB3 is ~8 years backlogged.
Your best bet would be get H1-B sponsorship.
I am currently residing in US on H-4 visa. My husband is on H-1 visa and our Green Card processing is in progress - our
I-140 has been approved. Our priority date is in May 2008.
The current "priority dates" for EB-3 as per USCIS is April-2001. Based on this, When can we expect our "485" to be filed and our EAD to be approved ?
I have a law degree from India (12+3+3) and currently I am pursuing a paralegal program from an ABA approved university. I might loose my job oppurtunities if I don't have a work permit. Is there anyway that I can get a work permit with my pending GC application process, without hampering the GC process ? Can I get a work visa (or EAD) based on my education ?
Thanks,
BS
With a priority date of May 2008 EB3-India, unless there are legislative changes (or another July 07 fiasco) you are expecting a wait of atleast 4-5 years before you can file your 485 and get an EAD. Perhaps longer, considering how EB3 is ~8 years backlogged.
Your best bet would be get H1-B sponsorship.
girlfriend Julia Roberts was reportedly
aguy
03-26 01:20 AM
Hi,
My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.
What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?
Thanks.
My 6 years of H1B will be up soon and my NIW I-140 petition is pending. I have received my EAD card though.
What options do I have - will I be able to extend my H1B for another year? Can I use the EAD card as it is without getting the I-140 approved, even though it is risky?
Thanks.
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hibworker
12-07 03:42 PM
You don't have to leave the country if your change of status to H1 is approved with a new I-94 attached to it. However, if they approve COS without providing new I-94 then you need to immediately leave the country and re-enter with a new visa stamp.
Neo_Clone01
10-09 12:20 AM
ahhh i see
and im assuming that most companies have the plug in to view these
which would make it the best way to send out samples of my work, right?
im asking cuz im done with makin cds of my work
ive sent out so many cd's with exes of director and flash on it - only to find out that most companies have firewalls that wont allow exe opening, or that the cd simply wont open on a mac.
and i wonder why i dont have a job yet lol
and im assuming that most companies have the plug in to view these
which would make it the best way to send out samples of my work, right?
im asking cuz im done with makin cds of my work
ive sent out so many cd's with exes of director and flash on it - only to find out that most companies have firewalls that wont allow exe opening, or that the cd simply wont open on a mac.
and i wonder why i dont have a job yet lol
paskal
08-14 02:54 PM
does it reaaaally matter?
7 am, 8.02 am, 10.55 am....
what's the difference?
this is a request to you NOT to open a new thread for every mailroom guy in USCIS. there are plenty of threads tracking the receipts, what is wrong with using them? do we really need to divide ourselves on different threads by who signed the fedex receipt???
7 am, 8.02 am, 10.55 am....
what's the difference?
this is a request to you NOT to open a new thread for every mailroom guy in USCIS. there are plenty of threads tracking the receipts, what is wrong with using them? do we really need to divide ourselves on different threads by who signed the fedex receipt???
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07-08 10:41 AM
Hi,
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
I applied for GC under schedule A in may06 .My husband filed as derivative.He received a notice of intent to denial last month .Reason being he did not have paystubs for a period of more than 6 months during 2000 and 2001.His employer at that time did not pay him even after he worked for 4 months then he took few more months to change his company(more than 180 days)In 2002 he went to India and came back .and in 2004 filed for a GC as primary petitioner and me as a derivative .last year he withdrew the petition after he received several RFE`S fearing the worst.Even though he no longer has GC filed as primary petitioner he received notice of intent to deny for the petion filed through me saying that his H1 was not legal as could`nt show proof for several months and that when he filed for AOS he used those years as work experience.
and now another problem is I applied for EAD in march and have not received new ead.my old ead expired 10 days ago.and now Iam not working.
We bought a house last year thinking that under schedule A we`ll get GC in no time.Now we know it is a terrible mistake.Now both of us can`t work and had to take my son out of daycare. and we have house payments to make.We put our house for sale weeks ago and so far no offers.I contacted local representative to expedite My EAD and also contacted USCIS to expedite it,
citing financial burden.We are spending sleepless nights and have no clue what to do for my EAD and his AOS.pLEASE HELP.
Did anyone face similar situation .Any suggestions are welcome.
The other posters are correct in that they are telling you that your spouse is covered under section 245k. That is as long as a person hasn't overstayed an I-94 card by more then six months; no major criminal or health issues then everything is reset upon leaving and re-entering USA.
However; USCIS officers try to find other ways to nail people when a person needs protections such as 245k.
I have seen a couple of cases where people have had an i-140 denied due to education. They appealed and re-filed another 140 and in the eta 750b they omitted certain education diplomas that were listed in the first application. USCIS then accused them of fraud and a permanent barrier to getting greencard.
Now; it looks like the officer is going down the same road on your husbands case. Accusing your husband of essentially fraud by claiming that he was working with a company listed in the g-325a biographical information when it appears to uscis that he wasn't working with them. 245k or any other part of immigration law which could protect him becomes difficult to use when they accuse you of fraud.
To get a better grasp of things; you need to post the RFE's that he received on his original case (don't post general stuff but be specific) and what they are saying now. It will allow people to help you better assess the situation.
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sanju
04-07 05:51 PM
I agree, new H1b is not our concern..well not directly or immediately.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.
maybe the way to approach this is to ask that a PERM/LC once approved be considered as fulfilling the requirement for any certification needed for the job- in any case if it's the same process, it amounts to useless duplication to keep certifying a job again and again...
Duplication, triplication of work to file H1s. That is what anti-H1 guys want. They want to make the system so difficult that filing H1s renewals will be impossible. It is possible to talk to people who are ready to listen. These guys are in no mood to talk. That is why suggesting them anything will be like talking to a wall. IV should oppose this bill totally and completely. We should all educate everybody we know, as Administator said, we should inform our friends and employers to get their support.
nojoke
01-03 04:22 PM
Listen to this, The US attacked Iraq and that accomplished exactly what the terrorists want. Terrorists want to see chaos and disruption. I believe the US is losing the war on terror and the results from the failed Iraq invasion can get worse, since that may have generated one dozen Jihad style attackers to be unveiled in 5-20 years from now.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
India should not attack Pak and spend tons of money like the US did. Instead, invest all that money in secret services and let them penetrate the enemy line. Let the secret service perform a detailed investigation of sources, then apply snipers or other ways to take perpetrators down.
The last thing we need now with this dreadful economy is another war. Palestinians are already starting the whole fire again. We do not need one more war.
Wrong. First iraq war is not war against terrorist.
Second, pakistan already is doing Jihad against India. They don't need a reason to start a Jihad. Their obsession to destroy India is so much poisoned in their blood and they really don't need a reason for the Jihad.
Third- It is easy only in movies to use snipers to take down these men. Plus there are thousands and it is virtually impossible.
I agree that war is a tough choice and probably our politicians use the drum beat to get votes. And probably there won't be a war. But some of the rationalizations give here in this forum is funny.
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Macaca
12-29 08:01 PM
Why we must reclaim religion from the right-wing (http://www.rediff.com/news/column/column-why-we-must-reclaim-religion-from-the-right-wing/20101229.htm) By Yoginder Sikand | Rediff
Decades after the two States came into being, relations between India and Pakistan continue to be, to put it mildly, hostile. This owes largely to the vast, and continuously mounting, influence of the Hindu religious right-wing in India and its Muslim counterpart in Pakistan.
Seemingly irreconcilable foes, the two speak the same language -- of unending hatred between Hindus and Muslims -- each seeking to define itself by building, stressing and constantly reinforcing boundaries between the two religiously-defined imagined communities.
Much has been written on the ideology and politics of right-wing Hindu and Islamic movements and organisations in both India and Pakistan, by academics and journalists alike. Yet, almost no attention has been given to how individual Hindu and Muslim religious activists at the local level, as distinct from key ideologues and leaders at the national-level, imagine and articulate notions of the religious and national 'other'.
Understanding this issue is crucial, for such activists exercise an enormous clout among their following.
The Lahore-based Mashal Books, one of Pakistan's few progressive, left-leaning publishing houses, recently launched a unique experiment: Of recording and making publicly accessible speeches delivered by maulvis or Muslim clerics at mosque congregations across Pakistan's Punjab province, including some located in small towns and obscure villages.
These speeches deal with a host of issues, ranging from women's status and scientific education, to jihad and anti-Indianism, all these linked to an amazingly diverse set of understandings of Islam.
Hosted on the Mashal Books Web site MASHAL BOOKS (http://www.mashalbooks.org), these speeches reflect the worldviews of a large majority of Pakistani maulvis, representing a range of sectarian backgrounds, who now exercise a major influence on the country's politics and in shaping Pakistani public opinion and discourse.
Of the dozens of speeches hosted on the Web site, only two are classified as relating particularly to India, but these may still be taken to be representative of how a great many Pakistani maulvis conceive of India and of relations between India and Pakistan. Predictably, in both speeches India is depicted in lurid colours, as an implacable foe of Pakistan, of Muslims, and of Islam.
Not surprisingly, then, efforts to improve relations between India and Pakistan or to work towards rapprochement between Hindus and Muslims are vociferously denounced. The two maulvis appear to insist that Islam, as they understand it, itself requires that Pakistani Muslims must never cool off their anti-Hindu and anti-Indian zeal.
The first of these two speeches, by the Deobandi Maulana Muhammad Hafeez of the Jamia Masjid Umar Farooq, Rawalpindi, refers to India only in passing. He presents Muslims the world over as besieged by a host of powerful non-Muslim enemies.
It is almost as if their 'disbelief' (kufr) in Islam goads all non-Muslims, wherever they may be, to engage in a relentless conspiracy against Islam and its adherents, a war, like Samuel Huntington's infamous 'Clash of Civilisations', in which compromise and reconciliation are simply impossible because Islam and 'non-Islam' can, in this worldview, never comfortably coexist.
It is also as if Muslims have a monopoly on virtue and non-Muslims on vice. 'Islam will rise,' Maulana Hafeez thunders, 'and America and India will fall,' conveniently forgetting (assuming he knew of the fact) that India probably has more Muslims than Pakistan and that if India falls, it will drag its tens of millions of Muslims along with it, too.
The second speech is by a certain Maulana Mufti Saeed Ahmed of Jamia Masjid Mittranwali, Sialkot, who belongs to the Ahl-e Hadith sect, which closely resembles the Saudi Wahhabis.
Pakistani Ahl-e Hadith groups, most notoriously the Lashkar-e Tayiba, have been heavily involved in fomenting violence across Pakistan, Kashmir and in India as well.
Hatred for India and the Hindus seems to be an article of faith for many Pakistani Ahl-e Hadith, as Maulana Ahmed's speech clearly indicates.
At the same time, it must also be recognised, as is evident from instances that the Maulana cites, that these deep-rooted anti-Indian and anti-Hindu sentiments are constantly fuelled by brutalities inflicted by non-Muslim powers, including the United States and fiercely anti-Muslim Hindu chauvinists in India, on Muslim peoples.
These brutalities need not always be physical. They can also take the form of assaults on and insults to cherished Islamic beliefs, which inevitably provoke Muslim anger. The appeal of people like Maulana Ahmed lies in their practiced ability to use these instances of brutality directed against Muslims to craft a frighteningly Manichaean world, where all Muslims are pitted against all non-Muslims in a ceaseless war of cosmic proportions that shall carry on until Muslims, it is fervently believed, will finally triumph.
Recounting a long list of anti-Muslim brutalities (but conveniently ignoring similar outrages committed by Muslims on others), Maulana Ahmed exhorts his listeners to unite and take revenge. 'O Muslims!,' he shrilly appeals, 'get up and take in hand your arrows, pick up your Kalashnikovs, train yourselves in explosives and bombs, organise yourselves into armies, prepare nuclear attacks and destroy every part of the body of the enemy.'
His speech is peppered with fervent calls for what he terms as 'jihad' against both America and India, these being projected as inveterate foes of Islam and of all Muslims.
He prays for America to 'be destroyed', and ecstatically celebrates the recent devastating terrorist assault on Mumbai by a self-styled Islamist group that left vast numbers of people dead, unapologetically hailing the dastardly act as a 'big slap on the cheek of the Hindus'.
Not stopping at this, he calls for continuous terrorist violence against India, including, he advises, unleashing 'bloodbath to (sic) Indian and American diplomats in Kabul and Kandahar'. Only then, he argues, can Pakistan's rulers 'relieve the pressure' on them and being peace to their country.
The 'enemy', as Maulana Ahmed constructs the notion, could be any and every non-Muslim, particularly Americans, Jews and Hindus or Indians. It is as if every non-Muslim is, by definition, irredeemably opposed to Islam and is necessarily engaged in a grand global conspiracy to wipe Islam from off the face of the earth. It is as if non-Muslims have no other preoccupation at all.
All non-Muslims are thus tarred with the same brush, and no exceptions whatsoever are made. It is almost as if Maulana Ahmed desperately wants all non-Muslims to be fired by anti-Muslim and anti-Islamic vitriol, for that is his way to whip up the sentiments of his Muslim followers and fire their zeal and faith.
It is as if further stoking such hatred is crucial to his ability to maintain a following and to claim to authoritatively speak for Islam and its adherents. 'The hatred among the people against the kafirs has reached a new height,' the Maulana exults.
For the Maulana, fomenting hatred of non-Muslims is his chosen way of realising what has for centuries remained the elusive dream of Muslim unity. That this hatred, which he so passionately celebrates, inevitably further stokes the fires of Islamophobia and anti-Muslim prejudice, already so widespread among non-Muslims, appears of no concern to him at all. In fact, he seems to positively relish the frightening Huntingtonian thesis of the 'Clash of Civilisations'.
Deobandi and Ahl-e Hadith outfits today enjoy tremendous clout in Pakistan, and they have been at the forefront of Islamist militancy that now threatens to drown the country in the throes of what promises to be an interminable civil war.
As the speeches of these two Pakistani clerics, one a Deobandi and the other from the Ahl-e Hadith, so starkly indicate, inveterate hatred for India and the Hindus, indeed for non-Muslims in general, is integral to the ways in which vast numbers of Pakistani Muslim clerics understand religion, community, nationalism and the world.
Such hatred is inevitably further fuelled by acts of brutality directed against Muslims by non-Muslims, including by the United States, India (particularly in Kashmir) and by militantly anti-Muslim Hindu chauvinist groups.
Muslim and non-Muslim right-wing radicalism and militancy thus enjoy a mutually symbiotic relationship, opposing each other while, ironically, unable to live apart, needing each other even simply to define themselves.
Religion is too powerful an instrument to be left in the hands of hate-driven clerics to manipulate as they please, most often for fuelling conflict between communities and states.
As the frightening records of Hindutva chauvinists in India and the Pakistani clerics discussed in this article so strikingly illustrate, leaving religion to the right-wing to monopolise is a sure recipe for bloody and endless conflict.
Decades after the two States came into being, relations between India and Pakistan continue to be, to put it mildly, hostile. This owes largely to the vast, and continuously mounting, influence of the Hindu religious right-wing in India and its Muslim counterpart in Pakistan.
Seemingly irreconcilable foes, the two speak the same language -- of unending hatred between Hindus and Muslims -- each seeking to define itself by building, stressing and constantly reinforcing boundaries between the two religiously-defined imagined communities.
Much has been written on the ideology and politics of right-wing Hindu and Islamic movements and organisations in both India and Pakistan, by academics and journalists alike. Yet, almost no attention has been given to how individual Hindu and Muslim religious activists at the local level, as distinct from key ideologues and leaders at the national-level, imagine and articulate notions of the religious and national 'other'.
Understanding this issue is crucial, for such activists exercise an enormous clout among their following.
The Lahore-based Mashal Books, one of Pakistan's few progressive, left-leaning publishing houses, recently launched a unique experiment: Of recording and making publicly accessible speeches delivered by maulvis or Muslim clerics at mosque congregations across Pakistan's Punjab province, including some located in small towns and obscure villages.
These speeches deal with a host of issues, ranging from women's status and scientific education, to jihad and anti-Indianism, all these linked to an amazingly diverse set of understandings of Islam.
Hosted on the Mashal Books Web site MASHAL BOOKS (http://www.mashalbooks.org), these speeches reflect the worldviews of a large majority of Pakistani maulvis, representing a range of sectarian backgrounds, who now exercise a major influence on the country's politics and in shaping Pakistani public opinion and discourse.
Of the dozens of speeches hosted on the Web site, only two are classified as relating particularly to India, but these may still be taken to be representative of how a great many Pakistani maulvis conceive of India and of relations between India and Pakistan. Predictably, in both speeches India is depicted in lurid colours, as an implacable foe of Pakistan, of Muslims, and of Islam.
Not surprisingly, then, efforts to improve relations between India and Pakistan or to work towards rapprochement between Hindus and Muslims are vociferously denounced. The two maulvis appear to insist that Islam, as they understand it, itself requires that Pakistani Muslims must never cool off their anti-Hindu and anti-Indian zeal.
The first of these two speeches, by the Deobandi Maulana Muhammad Hafeez of the Jamia Masjid Umar Farooq, Rawalpindi, refers to India only in passing. He presents Muslims the world over as besieged by a host of powerful non-Muslim enemies.
It is almost as if their 'disbelief' (kufr) in Islam goads all non-Muslims, wherever they may be, to engage in a relentless conspiracy against Islam and its adherents, a war, like Samuel Huntington's infamous 'Clash of Civilisations', in which compromise and reconciliation are simply impossible because Islam and 'non-Islam' can, in this worldview, never comfortably coexist.
It is also as if Muslims have a monopoly on virtue and non-Muslims on vice. 'Islam will rise,' Maulana Hafeez thunders, 'and America and India will fall,' conveniently forgetting (assuming he knew of the fact) that India probably has more Muslims than Pakistan and that if India falls, it will drag its tens of millions of Muslims along with it, too.
The second speech is by a certain Maulana Mufti Saeed Ahmed of Jamia Masjid Mittranwali, Sialkot, who belongs to the Ahl-e Hadith sect, which closely resembles the Saudi Wahhabis.
Pakistani Ahl-e Hadith groups, most notoriously the Lashkar-e Tayiba, have been heavily involved in fomenting violence across Pakistan, Kashmir and in India as well.
Hatred for India and the Hindus seems to be an article of faith for many Pakistani Ahl-e Hadith, as Maulana Ahmed's speech clearly indicates.
At the same time, it must also be recognised, as is evident from instances that the Maulana cites, that these deep-rooted anti-Indian and anti-Hindu sentiments are constantly fuelled by brutalities inflicted by non-Muslim powers, including the United States and fiercely anti-Muslim Hindu chauvinists in India, on Muslim peoples.
These brutalities need not always be physical. They can also take the form of assaults on and insults to cherished Islamic beliefs, which inevitably provoke Muslim anger. The appeal of people like Maulana Ahmed lies in their practiced ability to use these instances of brutality directed against Muslims to craft a frighteningly Manichaean world, where all Muslims are pitted against all non-Muslims in a ceaseless war of cosmic proportions that shall carry on until Muslims, it is fervently believed, will finally triumph.
Recounting a long list of anti-Muslim brutalities (but conveniently ignoring similar outrages committed by Muslims on others), Maulana Ahmed exhorts his listeners to unite and take revenge. 'O Muslims!,' he shrilly appeals, 'get up and take in hand your arrows, pick up your Kalashnikovs, train yourselves in explosives and bombs, organise yourselves into armies, prepare nuclear attacks and destroy every part of the body of the enemy.'
His speech is peppered with fervent calls for what he terms as 'jihad' against both America and India, these being projected as inveterate foes of Islam and of all Muslims.
He prays for America to 'be destroyed', and ecstatically celebrates the recent devastating terrorist assault on Mumbai by a self-styled Islamist group that left vast numbers of people dead, unapologetically hailing the dastardly act as a 'big slap on the cheek of the Hindus'.
Not stopping at this, he calls for continuous terrorist violence against India, including, he advises, unleashing 'bloodbath to (sic) Indian and American diplomats in Kabul and Kandahar'. Only then, he argues, can Pakistan's rulers 'relieve the pressure' on them and being peace to their country.
The 'enemy', as Maulana Ahmed constructs the notion, could be any and every non-Muslim, particularly Americans, Jews and Hindus or Indians. It is as if every non-Muslim is, by definition, irredeemably opposed to Islam and is necessarily engaged in a grand global conspiracy to wipe Islam from off the face of the earth. It is as if non-Muslims have no other preoccupation at all.
All non-Muslims are thus tarred with the same brush, and no exceptions whatsoever are made. It is almost as if Maulana Ahmed desperately wants all non-Muslims to be fired by anti-Muslim and anti-Islamic vitriol, for that is his way to whip up the sentiments of his Muslim followers and fire their zeal and faith.
It is as if further stoking such hatred is crucial to his ability to maintain a following and to claim to authoritatively speak for Islam and its adherents. 'The hatred among the people against the kafirs has reached a new height,' the Maulana exults.
For the Maulana, fomenting hatred of non-Muslims is his chosen way of realising what has for centuries remained the elusive dream of Muslim unity. That this hatred, which he so passionately celebrates, inevitably further stokes the fires of Islamophobia and anti-Muslim prejudice, already so widespread among non-Muslims, appears of no concern to him at all. In fact, he seems to positively relish the frightening Huntingtonian thesis of the 'Clash of Civilisations'.
Deobandi and Ahl-e Hadith outfits today enjoy tremendous clout in Pakistan, and they have been at the forefront of Islamist militancy that now threatens to drown the country in the throes of what promises to be an interminable civil war.
As the speeches of these two Pakistani clerics, one a Deobandi and the other from the Ahl-e Hadith, so starkly indicate, inveterate hatred for India and the Hindus, indeed for non-Muslims in general, is integral to the ways in which vast numbers of Pakistani Muslim clerics understand religion, community, nationalism and the world.
Such hatred is inevitably further fuelled by acts of brutality directed against Muslims by non-Muslims, including by the United States, India (particularly in Kashmir) and by militantly anti-Muslim Hindu chauvinist groups.
Muslim and non-Muslim right-wing radicalism and militancy thus enjoy a mutually symbiotic relationship, opposing each other while, ironically, unable to live apart, needing each other even simply to define themselves.
Religion is too powerful an instrument to be left in the hands of hate-driven clerics to manipulate as they please, most often for fuelling conflict between communities and states.
As the frightening records of Hindutva chauvinists in India and the Pakistani clerics discussed in this article so strikingly illustrate, leaving religion to the right-wing to monopolise is a sure recipe for bloody and endless conflict.
more...
desi3933
08-06 12:43 PM
Don't worry there is no solid basis for the lawsuit. Only lawsuit that can be filled , if at all, is BS+5 , which is USCIS ineterpretation of Advance degree equivalent.
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(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.
======================================
____________________________
US Permanent Resident since 2002
Source: A reputed lawyer known to us all on this forum.
Mode of consultation: E-mail
Next course of action: Unknown. But folks with US Masters or higher please PM me...
Here is the relevant portion from 8 C.P.R. � 204.5(k)(2). This is the reason, in my opinion, why any lawsuit against BS+5 has not much merit value.
If you would like to read about related case, refer to this pdf
http://www.uscis.gov/err/B5%20-%20Members%20of%20the%20Professions%20holding%20Ad vanced%20Degrees%20or%20Aliens%20of%20Exceptional% 20Ability/Decisions_Issued_in_2005/NOV152005_02B5203.pdf
============================================
Sec. 204.5 Petitions for employment-based immigrants.
(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.
======================================
____________________________
US Permanent Resident since 2002
vikki76
04-08 01:48 PM
New H-1B proposed reform bill is approximately same as it was in year 1999-2000.H-1B was never meant for consulting type of work.So, in 2000, there was a rule passed that in whichever state LCA was cleared,employees could work only in that state.Even in 1999 it was illegal for employers to say that they put their H-1B employers on a "client site".But, people did, on various pretext.H-1B employees were even required to keep their LCA petition with them at work all the time.
8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?
8 years is a long time-many people have forgotten that crackdown.Then in 2002,economy nosedived-and most of the H-1B's went back.Silicon valley was deserted area.Highways all clear,restaurants business closed.Now,since 2004, all the closed businesses are back in operation.
Some one must have remembered original intention of H-1B,and so re-introduced those provisions.
If this bill passes- definitely, outsourcing will increase.Not every business will be able to afford $100 per hour programmers.But, again, isn't that good for developing world economy?
more...
saveimmigration
08-05 10:41 PM
Totally agree. This letter is factually incorrect.
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
If you did not like EB3 and felt you are worthy of EB2, they why did you not fight with your HR and Lawyer?
Why do you want to accuse DOL for the mistakes of your HR and Lawyer. Why don't you write this 'from your heart' letter to your HR and lawyer first? and sue them?
Agree. Qualifying in a particular category is an individual problem. It cannot be generalized or taken for granted. It is your responsibility to take up the issue individually if you think you are EB2 OR EB1
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rajuram
07-13 02:35 PM
Lets not worry too much about the contents of the letter. The purpose is getting their attention and also to show how many people are affected. EB3s please write this letter, ask your friends, family etc...
Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
Subcommittee on Immigration, Citizenship, Refugees, Border Security
and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)
Also send send a copy to congress woman The Honorable Zoe Lofgren (Chairwoman
Subcommittee on Immigration, Citizenship, Refugees, Border Security
and International Law, House Committee on the Judiciary,517 Cannon House Office Building, Washington, DC 20515)
more...
file485
07-07 09:41 PM
Hi Manu..
it must be living hell for you with this mess, we all pray for you to get some route out of this hell.
When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?
pls post..
waiting for your response.
it must be living hell for you with this mess, we all pray for you to get some route out of this hell.
When did INS ask for your husband's pay stubs for 2000-2001? although he was filed as a derivative when did they ask you for this..?
pls post..
waiting for your response.
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unitednations
03-26 08:35 PM
That whenever a company now applies for an H1 ( not that many companies are going to do in this climate) they have to put in as many locations/states as possible? By your suggestions if USCIS is deeming most h1b companies as 'Staffing' companies(and if it allows them to exist) then almost all H1 LCA should contain 4-5 states in which the H1B could work? How would prevailing wage calculation be done in that case? Or for that matter if each time an H1B candidate goes to work in a different location and the employer(staffing) company files 'Amend petition for location' does the prevailing wage factor come in to picture?
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.
If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.
California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.
With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.
for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.
btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.
your advise in this could help some people who are in consulting so that they can insist with their employers to file for 'amend' in case they are working elsewhere.
- cheers
kris
First; it is very easy for me or anyone else to say "amend" and re-file the h-1b. It costs a lot of money to do so and USCIS can give rfe and deny any one of the amendments.
If you look at the new i-129 petition instructions they have added a part of requesting an itinerary of definitive employment if you are an agent. You are supposed to give an itinerar of where you are going to work for the entire duration that you are requesting. You are supposed to give lca's for different locations for wherever you have the client letters.
California service center is only approving h-1b's up until the end date of the purchse order you are submitting. If you have a purchase order for four months even if it says extension is possible; then are only approving it for four months.
With regards to prevailing wage; On the h-1b petition you would always have to put the highest number of all the lca's that you are submitting.
for example in the lca; if you are putting two locations; one is where your h-1b company is and second one is where your client locatin is where you are actually going to work; the lca won' be certified unless you put the offered wage to be the higher of the two.
btw; I get too many PM's and I'd rather just post on the forums where I think people need some help or where I don't see people giving right or full picture advice.
more...
Macaca
03-05 09:08 AM
Some paras from Slowing Down The Revolving Door (http://www.washingtonpost.com/wp-dyn/content/article/2007/03/04/AR2007030401201.html)
A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.
Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.
Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.
Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.
A House committee has approved legislation that would lengthen employment restrictions for federal procurement officials who take certain jobs when they leave government, from one year to two years. It also would prohibit newly hired procurement officials from awarding contracts to their former employers for two years.
Tightening employment restrictions will bring more accountability to government, contends Rep. Henry A. Waxman (D-Calif.), chairman of the House Oversight and Government Reform Committee. Recent lobbying and procurement scandals are proof that something needs to be done, he points out.
Congress has been trying to regulate the revolving door -- the rotation of federal officials and business executives into and out of government -- since at least 1872, according to the Congressional Research Service.
Over the decades, Congress has sought to protect the government from former employees who took sensitive information with them and used it to promote the interests of a private party. Congress also has devised rules to discourage federal employees from cashing in on their inside knowledge or becoming snarled in conflicts of interest with companies doing business with the government.
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sk2006
06-05 02:41 PM
...Who would have thought real estate would ever crash ?. At least i never saw this coming and i guess most of those smart investors/economists did not see this coming.
Infact many SAW it coming..
In 2005 when every body I knew, was buying houses to avoid being 'Priced out' of the housing market, I too thought of buying. So I started to do some reading on the world wide web. I realized that many bloggers and experts are warning people of the bubble and warning of a hard crash coming and they supported their claims with data!
Such people were not heard and covered by main stream media like CNN or CNBS channel.
Most people I know talked to their wives or real estate agents and bought houses.
Infact many SAW it coming..
In 2005 when every body I knew, was buying houses to avoid being 'Priced out' of the housing market, I too thought of buying. So I started to do some reading on the world wide web. I realized that many bloggers and experts are warning people of the bubble and warning of a hard crash coming and they supported their claims with data!
Such people were not heard and covered by main stream media like CNN or CNBS channel.
Most people I know talked to their wives or real estate agents and bought houses.
more...
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unitednations
08-02 06:06 PM
UN, you are God, thanks for the clear answers. I have one more, what are the reasons for I-140 denials, i.e what are the pitfalls to watch out for? Its been almost a year since I filed my I-140 in NSC and no response yet with a LUD of 10/6/2006, its troubling because my 7th yr H1 is expiring in a month and my lawyer wants to wait and see if the I-140 gets approved before then to file a 3 yr extension (we already applied the I-485). I am worried because of the potential of serious problems resulting from an unfavorable adjudication of my I-140.
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
There is mainly two things for denial: ability to pay and person not meeting the education and experience requirement.
Now; some of the things that USCiS goes after: close relative owning the compay; no registered office or just a virtual office in a particular fast processing state; too many 140's (ability to pay); in merger situations;not substantially all assets and liabilities were acquired by the successor entity (greencard labor rules in successor are different then h-1b situation).
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unitednations
08-09 01:38 PM
UN,
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
This has been written about to many times. You need to research this on immigration.com.
As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.
However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.
they were going to try to assess that if I was making too much money then how would i take another job with lower salary.
I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.
My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).
Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.
Did you face any questions about "Same or Similar" in the interview particularly for the time period when you were self employed?
Can you throw some light on how to handle the scenarios where the proferred wage is much lower than the current wage and once someone invokes AC21 the offered wage can be much higher . I understand that this scenario can be problematic in case of "future job" GCs.
My understanding of AC21 is this .. Dont invoke AC21 unless otherwise absolutely necessary?
This has been written about to many times. You need to research this on immigration.com.
As I said in the law while 485 is pending you do not have to do anything; you can do something totally irrelevant to what your employment is going to be upon greencard approval.
However; uscis starts digging into intent. I wasn't porting to self employment. I was porting to a different company upon greencard approval.
they were going to try to assess that if I was making too much money then how would i take another job with lower salary.
I personally don't agree with porting to self employment upon greencard approval (many have but we'll see if they should tighten it up). If you are a one person company; then how can the job be same/similar. You would have been doing the finance, marketing and the software engineer work. That in itself wouldn't make it a same/similar job.
My labor wasn't broad. if they were looking at same/similar; it would have been impossible for me to meet it. The position I had and the job duties were probably only available in maybe less then 25 companies. (one of the job duties was administering offshore investment companies).
Now; keep in mind; greencard meant absolutely nothing to me. I got into this because of what happened to my 140 and i took it as a challenge from uscis.
more...
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s_r_e_e
08-06 01:43 PM
Here is what happened.
All monkeys also interfiled and became lions.
:D:D that was a good one.
All monkeys also interfiled and became lions.
:D:D that was a good one.
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file485
07-08 05:41 PM
thanks UN..
a sense of relief after seeing your posts...
any prediction for the Oct bulletin for Eb2/Eb3 India...?
a sense of relief after seeing your posts...
any prediction for the Oct bulletin for Eb2/Eb3 India...?
more...
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desi3933
08-05 04:06 PM
Of course porting is derived from law!
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
As I was pointing out earlier, this debate has become warperd. The question is about porting with BS+5, not porting per se. I believe the BS+5 came from a legacy INS memo after a lawsuit or something. Perhaps we should ask the question on one of the attorney forums.
This does not apply. As long as BS+5 years progressive post-baccalaureate experience is ok for EB-2, the priority date recapture is as per law.
______________________________
US Permanent Resident since 2002
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wc_user
04-14 07:09 PM
We are looking to buy a house and the bank is asking us to put down 10%. How much money is considered safe to have after down-payment if we are buying a home. I know it depends on the situation, but I would like some estimates/ball-park figures.
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Saralayar
08-05 11:14 AM
What a Bull Sh** ?? Are you saying that ppl who have applied under eb2 are the only ones who satisfy the eb2 criteria and eb3s can not satisfy the eb2 criteria ??? Come on ...this eb2 and eb3 thing is highly abused by lawyers, employers or employees .. I guess, you are in eb2 but I am sure if you go line by line of the law to recheck your eb2 eligibility, you might not even qualify for eb10,11, etc ....
Well said. But in a little rude way.
Well said. But in a little rude way.
GCisLottery
05-24 12:53 PM
How does a media person whose objective is to get good rating and keep the show on air for as long as he could matter for our goals?
Can we find something else to talk about?
Can we find something else to talk about?
panky72
08-07 09:17 PM
A boy and his father (new immigrants in Canada), were visiting a shopping centre. They were amazed by almost everything they saw, but especially by two shiny, silver walls that could move apart and back together again. The boy asked his father: "What is this, Dad?" The father (never having seen an elevator) responded: "Son, I have never seen anything like this in my life, I don't know what it is."
While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D
While the boy and his father were watching wide-eyed, an old lady in a wheel chair rolled up to the moving walls and pressed a button. The walls opened and the lady rolled between them into a small room. The walls closed and the boy and his father watched small circles of lights with numbers above the walls light up. They continued to watch the circles light up in the reverse direction. The walls opened up again and a beautiful and attractive 24-year-old woman stepped out.
The father shouts to his son: "GO GET YOUR MOTHER!!!":D
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