lenbin
07-06 12:17 PM
@ gc wanna be
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
it works perfectly especially if ur company is on good standings as u mentioned in ur post.
PM me if u want info on similar cases, thats if u ddnt get CPO mail yet.
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Aakaash
10-25 10:38 AM
I believe i am right when I say that one can work on an expired H1b visa provided his/her extension (I129) is pending approval!! Please correct me if wrong.
meg_z
08-04 03:41 PM
guys many of us are considering going back to india.. any idea on whether those who have 40 credits will be eligible for social security from india...
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
Not sure about SS benefit. You can't do anything anyway with it now. If you are young, consider it gone even if you were US citizen at the moment.
If you withdraw your 401K now, you will have to pay taxes, plus 10% penalty probably. Depanding on your employer's 401K program policy, some allows money to stay if it exceeds certain minimum. Be sure to check the vesting policy. You can always roll it over to an IRA of your choice.
also any adivice o what is the best way to transfer 401 to india.. withdraw immeditately or wait till 591/2 years..
Not sure about SS benefit. You can't do anything anyway with it now. If you are young, consider it gone even if you were US citizen at the moment.
If you withdraw your 401K now, you will have to pay taxes, plus 10% penalty probably. Depanding on your employer's 401K program policy, some allows money to stay if it exceeds certain minimum. Be sure to check the vesting policy. You can always roll it over to an IRA of your choice.
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razis123
06-16 10:13 AM
Do RFE's for qualification and requirements comes only for LC or 140? I am with a similar profile but got LC and 140 approved and already filed for 485 last year. How much probablity is there that i might get an RFE for this for my 485 adjudication?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
more...
valuablehurdle
05-06 08:26 PM
Dear IV Members,
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
I know this is an immigration forum but I thought if I can get some valuable advice.
A couple of days back, the police forced into our apartment saying that they have heard a complain about domestic violence. I was surprised because the only thing that happenned was that our child was crying during that time. They came inside and started searching our small apartment and started to interogate me. In our bedroom, there is space where we keep our deities and do Puja. My wife is a little bit more religious than me - so she requested them not to go to that space with shoes on. However, they did not listen and just went wherever they wanted. This I think is a disrespect to other culture. Later, when they did not find anything, they just left. We were dumb-founded. We were scared too.... In our building, we are the only Indian/foreigner. This might probably leave a permanant scar in the child's mind when he sees his father interrogated for nothing.
Can someone advice if we can take the matter to someone? Any advice or help will be greatly appreciated.
mnkaushik
06-04 04:57 PM
Slightly off topic. But do we need to send our original BC if we are sponsoring someone other than your parents. I am in the process of sponsoring my aunt and would like to know if i need to send my orginal BC. Sorry for going off topic.
more...
chalamurariusa
04-28 12:39 PM
Thanks. Our finger printing was done in jan 2008 and this notice is only for my elder son. I hope there is no issue.
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redddiv
07-16 08:53 PM
I agree with this idea.
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
I think IV did great today. BUT
lets not act as children and pick fights with AILA. Please remember, due to their vested interest, there is NO ONE else who is more PRO-immigrant than AILA.. not even tech-employers..
So if they are saying situation might be fluid and if they are saying not to spread rumours.. then so BE it..
I hope I am wrong but seems like tiny access and frustration is causing few IV core members BIG heads ..
This is time to be calm, AND YES DISCREET!!!!
Before people start dumping on me.. please note.. we are among friends here and one of the ways to keep in check these things is to call upon friends when you feel they made a mistake.. and I FEEL IV made a mistake.. NOT in disclosing the knowledge but making an issue out of AILA warning and picking fights with them..! So lets take that out.. we know you stand by.. why keep it..?
more...
BumbleBee
08-16 04:42 PM
Please be aware that experience gained at sponsoring employer can not be counted towards fulfilling minimum qualification requirement for labor certification. You must prove your qualification to the job prior to joining the sponsoring employer... minor details.
So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.
BumbleBee
So if you are planning to file a new EB2 application with same employer, just count your experience till the point you joined the company, anything afterwards is not admissible.
BumbleBee
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skgs2000
10-14 05:57 PM
This does not give you EAD status. It is just a pre-registration. EAD is given at actual I-485 filing and not at pre - registration.
And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.
And this rule has been discussed by USCIS over for few years, but never implemented. And implementing it only adds one more additional step to the journey, with no EAD benefits.
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lkapildev
11-26 10:44 PM
I got my AP status online as Document Mailed to Applicant:
What does it mean?
Has any one got the AP after Document mailed to application status?
What does it mean?
Has any one got the AP after Document mailed to application status?
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desi3933
05-15 04:10 PM
In this circumstance it is fine to file an H-1 petition while the L-1B appeal is pending.
He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.
My understanding is that beneficiary must be in-status at the time of filing for change of status.
Thanks!
He is out of status right now. Won't that impact H-1B Change of Status? He may get COS without I-94 attached and that may require him to travel outside USA to get visa stamp.
My understanding is that beneficiary must be in-status at the time of filing for change of status.
Thanks!
more...
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webm
03-19 02:32 PM
RD is also not a reliable predictor since there are people who have been approved who applied for AOS in July 2007 while those who had applied prior to this are still waiting to see the light.
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
It is a random process for sure.
yes looks like its a random pick..
There are guys which got and not got (waiting) even PD is current and RD not fall under processing dates.Its kind of mixed possibles!!
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CADude
11-08 01:05 PM
NO,
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
Family based has 1.3 Million pending applications.
AOS has only 655K. So be happy. :D
It appears that this 655K includes family based I485 cases too who are in a different queue.
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gcformeornot
04-07 02:07 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
Correct me if this is wrong...
but in many many cases people do not know about their Labor and 140 details. Many many chose not file AC21 documents... they just move to a new employer.... some of them might have their labor substituted without them know it.....
Mind you if you look at 485 inventory.... there are thousands of them out there who have filed 485 before July 2007 and still are waiting....
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same_old_guy
02-20 06:53 PM
invincibleasian :
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
Could you please share your experience with FOIA application for I-140. Did you finally get the copy ?
Also, what all document you need to apply for it ?
I am planning to do that since my employer denied me for getting I-140 copy.
Appreciate your resposne.
more...
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eyeopeners05@yahoo.com
06-02 01:36 PM
you are right, but isnt that found only when you are travelling outside of the USA? If I am in USA till i get a gc and then add my wife, how will anyone know if she is out of status ?
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hopein07
02-09 10:26 AM
http://timesofindia.indiatimes.com/Breaking_news_Indian_docs_lose_case_against_Britis h_govt/articleshow/1586856.cms
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
Anybody thinking of trying a lawsuit in US should better think again. It's of NO USE. It will only aggravate the average Americans and you will lose whatever little support we have from moderates. Lawsuit will yeild nothing.
We must try Gandhian approach of appealing to their innate sense of justice.
Only President bush can do something if somehow he can be convinced.
MIXED OUTCOME, WIN ONE PART, LOSE OTHER PART:
From NDTV : http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20070032358&ch=11/9/2007%209:16:00%20PM
Indian doctors on HSMP visas wishing to train or work in Britain won a major court ruling in their favour on Friday.
Judges have decided that employers will now have to treat Indian doctors on par with doctors from Europe.
The court case revolved around a challenge to a health ministry guidance that would have compelled prospective employers such as hospitals to discriminate against non-European candidates, first by establishing that their skills were not found in Europe and then, if selected, to apply for work permits for them.
However, in a unanimous ruling, three judges of the Appeals Court called the ministry guidance ''illegal'', sparking instant celebrations among campaigners of the British Association of Physicians of Indian Origin (BAPIO) on Diwali day.
''This is a great ruling. We are absolutely ecstatic, and feel exuberant,'' BAPIO's Dr Sheethal Mathew said.
''Our doctors from India, Pakistan or Sri Lanka will now be able to compete with European doctors on an equal footing. Employers cannot discriminate against us now,'' he said.
The ruling is expected to immediately benefit some 10-15,000 doctors of South Asian origin, who are living in Britain and have been eagerly awaiting the outcome of the case.
However, the campaigners lost a second challenge - against the British government's abrupt changes to the Highly Skilled Migrant Programme (HSMP) last year. BAPIO challenged the changes on the grounds that their members were not consulted.
But Mathew said BAPIO will not take any further legal action.
''About 5,000 doctors were affected by the changes, and they have left already because they knew they had no choice.''
The British government introduced the HSMP scheme in 2002, offering workers such as accountants, doctors and scientists the right to settle down and work in Britain. Some 49,000 people took up the offer.
But the changes ostensibly to guard against 'abuse' of the system meant that those who had already come in on HSMP visas were faced with sudden restrictions in the job market.
Their employers would have to prove that the qualifications and skills that these candidates possessed were not available among European and British candidates. And if these non-Europeans were hired, the employers would have to apply for work permits.
Anthony Robinson, a solicitor for BAPIO said: ''As is widely acknowledged, the NHS has for many years relied upon the contribution of doctors from overseas, and in particular the Indian sub-continent, in order to provide a quality service in times of shortage of British doctors.
''Now that more British graduates are coming through, the Department of Health is trying to get round the rights of HSMP doctors who have already made Britain their home because it failed to plan ahead,''he added.
The next round of hiring by the state-sector National Health Service (NHS) is expected in January-February, 2008.
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Harivinder
11-20 12:08 PM
I think the Core team should try to contact her ASAP to make her aware of your situation. Her schedule will me more tight after January, and it might we very very difficult to get her attention for few months after that.
ksircar
02-15 10:05 AM
I like the idea. But, when I had raised a similar issue before, some member called it "like begging at Indian Temples".
I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.
I know we Indians are very happy as long as something is free, but get very upset when some contribution is asked for the service.
bluez25
07-15 02:58 PM
I will keep you guys posted of my happenings....
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