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sky7
07-28 10:02 AM
I was reading some latest info about I140 & I140 Premium Processing at
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
wallpaper Katherine Heigl
Sakthisagar
04-28 10:05 AM
I agree US having fair consideration for illegals because of political reasons(VOTES to be specific)
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
but the author comparing India & Mexico having strict rules.. common...
India have borders open for Bangladesh and whoever crosses the border, with out any shame
the present ruling party kaangress is giving Ration Card and Voters Id.
Mexico we all know how tuff the law is and what they do.
So Please do not compare apples with oranges.. whoever is the author.
Now Texas, Utah, the list goes on, Hope at least because of this CIR will come to the floor soon!
here there is no legals and illegals now, no one should be allowed to do divide and rule policy.
now Legal and Illegals are almost the same on immigration thing at least.
Hispanics made us hostage so go with the flow.
gccovet
08-20 03:40 PM
@acecupid: Thanks for the response. For me it is Chicago consulate it will take 10-15 days.
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
GCCovet
which comes pretty close to my travel date. As you mentioned i do hope it will not be a problem.
Also today I talked to the Indian consulate in Chicago they told me I can travel without any problem. As long as the passport is valid even it is the last day of the validity I should be fine with the travel. There shouldn't be a problem with the immigration officers during travel based on that.
@kanakabyraju: Thanks for the advise. I might try that.
For a valid visa stamp you need a passport with six month validity. But I have not seen any where for traveling you need a six month validity. If you personally experienced any problem while traveling with less than six valid passport. please post your experience it will help me and others.
Thanks,
One note, at PoE, IO might grant I-94 only upto your passport validity date, Once you have new passport after coming back, you will have to contact your local CBP office to extend your I-94.
GCCovet
2011 KATHERINE HEIGL
tonyHK12
10-04 03:14 PM
Without a green card, we are still temporary workers, check with a tax consultant about worldwide income too.
Todays economictimes.indiatimes.com - Green card a tax liability
"Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
"Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "
Todays economictimes.indiatimes.com - Green card a tax liability
"Tax laws in the US empower the Internal Revenue Service, the apex body for US tax administration, to tax global incomes of those holding US citizenships or the green card."
"Indians with green card or citizenship in US also find having to reporting foreign accounts with deposits of $10,000 or more "
more...
rvr_jcop
02-17 04:53 PM
Hi My emplyer is saying that he will apply for extention 3 months before expiry . So I guess he will apply in July . So in that case I need the Paystubs of May and June . Am I right ?
Yes, according to English Calendar :)
Yes, according to English Calendar :)
trueguy
08-11 11:33 AM
Everybody,
Please vote here as well:
http://immigrationvoice.org/forum/showthread.php?t=20798
Please vote here as well:
http://immigrationvoice.org/forum/showthread.php?t=20798
more...
lostinbeta
10-03 11:56 PM
What part don't you understand exactly? It is a pretty straightforward tutorial.
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swede
09-09 11:47 PM
I'm posting this question here since many of the GA members are scheduled to meet the law makers on Tuesday afternoon. Is there a dress code for the meeting i.e. formal suit, shirt and Tie or IV Tshirt is ok?
Check under Lobby Day:
http://immigrationvoice.org/forum/showthread.php?t=12749
It says formal dress code or IV T-shirt. Both ok.
Check under Lobby Day:
http://immigrationvoice.org/forum/showthread.php?t=12749
It says formal dress code or IV T-shirt. Both ok.
more...
samswas
05-05 09:09 AM
Thank you Krishna!
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sunny1000
12-08 06:00 PM
"On December 4, 2009, we ordered production of your new card. Please allow 30 days for your card to be mailed to you."
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
congrats and good luck!
My PD was Dec 4, 2004. EB2. Exactly 5 years from PD and over 10 years from first entry to US. Getting stuck in the BEC backlog and my wife getting stuck in India with 221(g) were among my most painful experiences through the journey. And not being able to take a fabulous offer at double my salary in 2007 hurt too.
Thanks for all the support. And congratulations again to the leaders of IV for creating a platform for Employment based GC applicants.
Feel free to contact me if you are starting high-growth businesses and need someone to bounce ideas off. And of course I am happy to help with IV initiatives to clear EB backlog.
Bpositive.
congrats and good luck!
more...
cdeneo
06-01 08:49 PM
With the news of onset of RFE's - does the attorney only get the RFE or do both the attorney and the applicant get a copy of the RFE.
I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.
I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.
I am sure many would have this question - my attorney on the submitted G-28 form was one tied to my previous company. I have switched jobs since then but have not submitted AC-21 notification (though I qualify for the same). I have not submitted a new G-28 form to change attorney representation since I do not have an attorney at this time.
I just want to make sure that incase an RFE is issued - I get a copy even though my old attorney is on file. Any input/advise will be much appreciated on how to make sure of the same.
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siva008
02-24 03:04 PM
I have a Master's program in US and had 3 years previous work ex. Filed my H1B transfer on Sep, which was recently converted to premium processing. Got the RFE as listed below:
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
If it is your contention that the beneficialry is qualified to perform services in the specialty occupation yu have described through a combination of education, specialised training and/or work experience in areas related to the specialty . you must submit an evaluation from an official who has the authority to grant college-level credit for training and/or experience in the speciality at an accredited college or univeristy, which has a program for granting such credit based on an individual's training and/or work experience.
With the evaluation, the official must include a letter from the dean or provost of the official's affiliated education instutions, stating that the evaluating offical has the authoriity to grant college-level credit for training and/or experience. The dean or provost must also state in the letter whether the affiliated educational instutiion has a program for granting credit based on a indicidual's training and/or work experience, If the evealuator bases the evaluation partly or completely on the beneficiary's work experience. the evaluation must vlearly demonstate that:
) The beneficiary''s training and/or work experience included the theoretical and practical application of specialized knowledge required by the specialty;
2) The claimed experience was gained while working with peers, supervisors, and/or subordinates who have a degree or equivalent in the specialty
3) The beneficiary has recognition of expertise in the specialty evidenced by at least one type of documentation
A) Recognition of expertise in the specialty occupation by at least two recognized authorities in the same specialty occupation;
B) Membership in a recognized foreign or United States association or society in the specialty
occupation;
C) Published material by or about the alien in professional publications, trade journals, or major newspapers;
D) licensure or registration to practice the specialty occupation in a foreign country; or Achievements
if any one has similar problem please share
Thanks
Hi NoUserName,
here more details:
Bachelors in Civil
Masters in Civil
And having 3+ years experience as computer systems analyst
My lawyer is saying just educational evaluation is fine but after I read the query they are looking for more.
I really confused how to answer this query, if you have any ideal please help me
more...
house Katherine Heigl: quot;I Was Pretty
izolo
06-07 06:26 AM
first sorry for multiple posting, it was by mistake as it was the first time posting. then thanks for the answers. Of course it is a real job with real payment, just remember my application goes back to 3 years ago and and I finally got it with lots of efforts to keep this opportunity. I never thought they might give the visa just for 3 months. now I have to think about all options. Does anybody have any other suggestion?
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raysaikat
05-31 12:18 AM
Thanks a lot, Raysaikat.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
I appreciate the response.Here are a few of my immidiate thoughts....
1)I have been unemployed for a little over 180 days now.The key question is what is the penalty for remaining in the country for doing so?
This is the year when most people actually did NOT get jobs...I am guessing there are a lot of people in my position.
There are two things: (i) out of status, (ii) unlawful presence. Unlawful presence is a narrower concept (a subset of out of status) with severe consequences: a person who has been unlawfully present for 180 days to 365 days is barred for 3 years from reentering; a person who has been unlawfully present for more than 1 year is barred from reentering for 10 years.
It is a complicated matter to determine if your "out of status" days have become "unlawfully present" days. I am not qualified to make that judgment: you need to ask an immigration lawyer, or your school's International Student's Office. I suspect that you are merely out of status and not yet unlawfully present:
In this document, "out of status" is defined as what I am referring to as "unlawful presence".
212(a)(9)(b) Out of Status Penalty Law: This section of law provides [snip]
* For purposes of this provision of the law only, a person who has violated the terms of their status, but who has not remained in the US past their fixed status expiration date as shown on their papers will not be considered to be “out of status” unless and until a government agency has officially informed them that they are “out of status.” In other word, it is possible for to be “out of status” for purposes of filing an extension or change of status in the US, but not be “out of status” for purposes of this penalty provision of the law.
[snip...]
It is not clear to me what should be regarded as the "fixed status expiration date" in your case. In the best case, that is the time your 12 month OPT expires and from that time you will start to accrue unlawfully present days. In the worst case, that is the time when your 90 days of OPT period expired, which means that you have already accumulated more than 180 days of unlawful presence and you will be barred from reentering US for 3 years.
Again, if you need to know this, please consult an immigration lawyer. Your school's international students' office should also be able to help you. But in my experience, they are not able to deal with complex situations and usually gives too conservative an answer that will save their behind should there be any complications. Once one staff of my school's ISSO asked me to apply for CPT for working in the UK! Thankfully the actual advisor was more knowledgeable. However, the advisors are not immigration lawyers.
2)How does USCIS actually track who is employed and who is not?
They may have multiple methods if they actually launch an investigation, but usually they will check their records the next time you apply for a VISA, inside or outside US. E.g., if you want to apply for H1-B, you will have to show that you are not out of status.
3)If I were to catch the next flight back home (India), will I face problems while leaving the US/or entering India?
Nope. You can merrily exit US. Entering home country of course is in the jurisdiction of the authority of your home country. Assuming you are an Indian citizen, they cannot prevent you from entering.
I.e., you will have no problem at all.
4)Can I get a letter from a firm/company stating that I was doing an unpaid internship with them?(which will be counted towards the employment period)Are there any repurcursions for the company?
Any thoughts/opinions wouldbe most appreciated.
Thanks!
My only suggestion is not to walk the path of doing fraudulent activities for staying in the US. If that means going back to India, please do so. Perhaps you will have an equally bright career in India.
more...
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indianabacklog
12-04 06:50 PM
A wife of one of my colleagues got her green card through marriage. They have now been married for over eight years and she simply visits at least once a year and on at least three occasions has only visited for a weekend.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
This gives you a good idea how little time you have to be here without losing your permanent residency.
I also know of a research fellow who I used to work with. Has had his green card for almost twenty years and in that entire time has only visited for one conference each year and then for at most five days.
If you want to progress to become a citizen this sort of arrangement will not work obviously but if you simply want to retain your green card it would appear to be remarkably easy.
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MYGCBY2010
07-27 02:37 PM
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vandanaverdia
09-09 03:45 PM
Please spare some time & thought & decide to be in DC at the rally.
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FinalGC
01-13 03:02 PM
Hello friends,
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005
This may sound silly but I could really use some help here. My case has been current for a while now and its not been approved yet. Calling USCIS is no use since the Cust Serv Rep literally tell you the exact same words that are in the online status. I've been doing Infopass every week now for the past month. Last week they said that the case has been assigned to an officer. I'm going to Mumbai on Feb 3rd and was hoping that my case would be processed before then. Any ideas to get that file picked up by the officer?
Thanks in advance
kedrex: How do you say your case is current...Your profile says Jan 06 EB2....the VB is stating Jan 22, 2005
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reverendflash
10-28 10:29 PM
OR do some pro-bono sites for people who will reach a lot of people (and help out some needful people at the same time)...
such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...
They never need know how old you are...
I certainly don't tell them I'm 40... :P
Rev:elderly:
such as churchs, community groups, that kind of thing... then place a subtle ad on each of these sites, and then of course on your portfolio...
They never need know how old you are...
I certainly don't tell them I'm 40... :P
Rev:elderly:
chanduv23
04-23 09:17 AM
If you find this on your 140 approval notice
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
Then it is EB2.
Notice Type: Approval Notice
Section: Mern of Profession w/Adv Deg,or
of Excentn'l Abllitv
Sec .203.(b) (2)
Then it is EB2.
vasired
08-15 03:21 PM
Notice were from Nebraska.Recieved on 8/13 for me and 8/14 for my wife,even though both were posted on same date..good they gave up appointment at same date & same time
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