VivekAhuja
02-18 06:53 PM
Your lawyer does not know what he is talking about. There is no need to do anything. If you were on H1-B and still working at the same company, you are still under H1-B not under EAD no matter how you entered the USA.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
You will lose H1B status if and ONLY IF, you use EAD.
AP is only a re-entry permit and has no effect on your immigration status.
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eb3_nepa
02-08 04:46 PM
Greenever i totally support that view. I am all for trying to contact the ministry incharge. All i meant is, if it does not work out, we shudnt start throwing insults at the Government. We pay ZERO taxes in India and technically do Nothing worth writing home about for our country or it's government.
U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.
Thoughts anyone? :)
U know it is interesting that we bring up Indians and the Indian Government debate. The Government did what it could to further the economy. Then we had Scams in BPO offices (Citibank etc). The Question now is, who is the bigger problem, the Indian Govenrment or the Indian? Another example: People litter the streets and expect the Govt to pick up after them. A simple example here. On my recent visit to India, at the bombay airport, in the immigration queue, i saw an Indian guy just dump a soiled plastic bag in a perfectly clean area, while standing in the Queue! Just left it there, as though it was a dumping ground. Try doing that on ANY airport here! Forget the police, one of the citizens here will ask u to pick up ur trash.
Thoughts anyone? :)
gsc999
11-17 04:09 PM
I do not think that the nuclear deal with India belongs at the Green Card retrogression part, unless this is a site for Indians only.
--
I am Indian too but I have to agree this post doesn't belong here.
Diverts attention and divides members.
--
I am Indian too but I have to agree this post doesn't belong here.
Diverts attention and divides members.
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veni001
09-10 05:50 PM
Hi javans,
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
I am not an attorney, but I have seen people using 3 yrs of experience to count for 1 year of education. And EB2 category needs at least 5 years of experience in the job area in which you will be applying PERM.
Thus, 3 years of education + 3 yrs of exprience + 5 years of experience = EB2 category.
You will need an Expert letter for an accredited Evaluation to prove that 3 years of education+experience = 4 yrs of education.
I have myself not done it, but I have met few people in the past who did that.
And as far as second question goes, I have not heard anything like that at all. If you are inclined to do online course for one year, I suggest you to do Masters (1.5 years of education and .half year of research project).
Hope it helps.
Good luck!
You need to show both DOL and USCIS 4-yr degree or ABET 4-yr degree equivalent before using BS+5yr rule to qualify for EB2!
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krishna
06-29 09:36 AM
Most west coast technology firms are very aware of the AC21 regulations. I recently talked to the HR of a reputed west coast firm and they told me the procedure for porting. They also let me talk to their law firm which deals with their immigration process. So the answer really depends on the company that you are about to join. It is not a bad idea to get everything clear before making the move.
sodh
07-18 05:09 PM
Please someone reply tommorow you can face this.
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PD_Dec2002
05-22 10:38 AM
OK, my bad for getting the name of the lobbying firm wrong. The moderator is free to change the name of the thread.
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
Anyway, now that I know that the name is Patton Boggs, doesn't anyone (out of curiosity) want to get their point of view? What does PB have to say about the fact that none of the provisions for legal immigrants went into the CIR? What's their take on the chances that favorable amendments for legal immigrants will make it?
Of course there are no guarantees in life. No one's going to say IV didn't try hard enough even if the CIR in the current form passes. Likewise, I am not saying PB hasn't done much or did not deliver. My questions do not reflect IV's choice to go with PB.
As I said, it just would be interesting to know ... ...
But if no one else finds it interesting, ignore this thread. Don't reply to it.
Thanks,
Jayant
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barktasobebark15
05-11 02:37 AM
It's almost a guarantee that the tank will crack. Ask the attorneys to move it beforehand.
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jkm2282
01-07 10:53 AM
Thanks mate. So it is nothing to be worried about, right? I was thinking the same (holidays) but was kinda getting worried anyway. :)
I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*
I haven't got any notification from the consulate about any admin processing (which i am assuming is same as 221g forms), neither the VO gave any 221g after the interview. I hope it goes on smoothly. *prays*
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eilsoe
10-17 10:53 AM
It ain't that expensive really...
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capriol
05-14 04:18 PM
Dear Folks:
A few questions on my Advanced Parole filing (with an 485 pending):
(1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."
(2) Approximately how long does the AP approval take, and for how long is the permit valid?
Thanks.
A few questions on my Advanced Parole filing (with an 485 pending):
(1) What is the best explanation for Part 7 of the form I-131 which says, "On a seperate sheet of paper, please explain how you qualify for an advance parole document, and what circumstances warrant issuance of an advance parole."
(2) Approximately how long does the AP approval take, and for how long is the permit valid?
Thanks.
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raysaikat
03-28 06:53 PM
Dear All,
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
I currently hold an F1 visa and am enrolled in a PhD program. I want to discontinue PhD and work on an H1B visa. I have an MS degree from a US University and had used up the OPT period in the past.
My questions are as follows:
Is it legal to quit the PhD program and file for H1B if someone is willing to hire me?
Yes.
Given this is the Month of March/April if I get a job now how may I be able to work for an employer?
You will not be able to start working until your H1-B status kicks in. I think H1-B for the current fiscal year (Oct'09-Sep'10) is exhausted. If that's the case, then your employer has to apply for the H1-B visa when the application window opens on April 1, 2010, and you will not be able to start working until Oct 1, 2010.
If you can get CPT approved by your school, then you can work for the employer during the summer months.
How do I maintain status until October 1st? I have been in the PhD program for just one year. Is it possible to file for a pre-completion OPT for the PhD program and start working for an employer to get H1B and eventually quit PhD?
You cannot apply for OPT until you finish (or about to finish) your Ph.D. requirements (including the dissertation).
If your school officials and your department approves, then you might be able to do a CPT. But that means you cannot quit school.
If you cannot get a CPT, then it might be simplest to go back to your home country after you have your H1-B approval in hand and wait it out.
If the change of status from F1 -H1B is approved will visa stamping in India be an issue? (I got my current F1 visa only after clearance for a 221g case).
Not really. The consulate may again ask for security clearance, or other documents, and may delay the approval, etc., but the fact that you quit your Ph.D. wouldn't particularly be held against you, though you should be prepared to answer why you did that to the IO.
Thank you very much for your help.
more...
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shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
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pd052009
09-13 12:31 PM
No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(
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srkamath
08-05 06:21 PM
Dhundhun,
What is your source for the 1% to 5% estimate?
What is your source for the 1% to 5% estimate?
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nozerd
03-26 02:30 PM
More than Salary its location which matters.
50K in MS = 60K in TX = 80 K in CA = 90K NYC
50K in MS = 60K in TX = 80 K in CA = 90K NYC
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knnmbd
03-24 08:59 PM
Guys!! I have no idea what can bring sense to all of us and unify our voice. America is not our " Fathers or In -Laws " house to give or grant what we want. There is a reason behind why STEM has been established...because there is a shortage for highly skilled and intellectual people. They dont need any software engineers because the golden period of 90s for tech boom is done....now the boom is in BANGALORE!!! So guys jobs have been outsourced and there is no big demand for the techies...and we all know it..DONT WE??? Coming to MBA's i have mentioned this in my earlier post too, there are so many MBAs already here and nstead of mindlessly saying we want MBA's included or we should get EADs for H4 or the next Pope should be an H1B waiting for GC!!!
We should concentrate on efficency of USCIS, increasing the number of Visas rather than adding clauses based on our whims and fancies. America needs Engineers, Scientists, Mathematicians, Biologists, Professors who will bring about innovation and be involved in research because thats what drives a country. What can we techies contribute other than programming which by the way people in INDIA are doing for less if not any better.
Just by paying taxes we cant call what they are doing is unjust against human rights ...etc How many of us tried to write or call our own Netas in India against corruption or any other slight problem.When we didnt exercise our right there...this country is not even ours how can we expect them to show pity on us and include the clauses we want. We have to our earn the rights to get permanent residency and for that if one has to get a Masters Degree maybe thats the price.
A lot of Students come to America on F1 by spending on an average $15000 t0 $20000K and sometimes more and after the downturn when there were no jobs some of these students even paid for a second masters and even Phds without aid when we in california raked in sign in bonuses and all other moolah. Maybe this is the pay back time for people with advanced degrees and lets all accept it gracefully. I know each of us want to continue to live the good old American dream but although the truth is bitter lets be rational with our demands and work towards an educated goal.
Edit/Delete Message
We should concentrate on efficency of USCIS, increasing the number of Visas rather than adding clauses based on our whims and fancies. America needs Engineers, Scientists, Mathematicians, Biologists, Professors who will bring about innovation and be involved in research because thats what drives a country. What can we techies contribute other than programming which by the way people in INDIA are doing for less if not any better.
Just by paying taxes we cant call what they are doing is unjust against human rights ...etc How many of us tried to write or call our own Netas in India against corruption or any other slight problem.When we didnt exercise our right there...this country is not even ours how can we expect them to show pity on us and include the clauses we want. We have to our earn the rights to get permanent residency and for that if one has to get a Masters Degree maybe thats the price.
A lot of Students come to America on F1 by spending on an average $15000 t0 $20000K and sometimes more and after the downturn when there were no jobs some of these students even paid for a second masters and even Phds without aid when we in california raked in sign in bonuses and all other moolah. Maybe this is the pay back time for people with advanced degrees and lets all accept it gracefully. I know each of us want to continue to live the good old American dream but although the truth is bitter lets be rational with our demands and work towards an educated goal.
Edit/Delete Message
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theMan
11-10 01:32 PM
I am planning on changing to another company but I dont have the labor certification details. All I know is, it is Software Engineer and have salary details and some basic job requirements. My I-140 is approved. If I move to another company on EAD, and if I get an RFE, how can I provide the details of same/similar employment?
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
Thank you,
Per my lawyer, you can file FOIA, although it could take time. As long as you are moving to "similar" field, you should be fine.
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rajeshalex
09-25 02:07 PM
try work from home jobs. Since you have filed 485 there wont be any out of status issue. If your 140 is approved and EAD is valid you can work full time /part time or sit without any work.
Blog Feeds
06-03 03:40 PM
WASHINGTON � U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
been granted Temporary Protected Status (TPS);
a pending application for adjustment of status to lawful permanent resident;
a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
a pending asylum application; or
a pending application for legalization.*
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available in the Related Links section of this page.
Advance Parole is permission to reenter the United States after traveling abroad.* Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances.* By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States.* Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.*
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.* Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay.* For more information on Advance Parole see How Do I Get a Travel Document? (also in the Related Links)*and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole.* Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years.* Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.*
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole.** Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.*
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document.* For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States.* Such individuals are encouraged to review USCIS� Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS� Customer Service Center at 1-800-375-5283.
More... (http://ashwinsharma.com/2009/06/03/uscis-reminds-applicants-for-adjustment-of-status-asylum-legalization-and-tps-beneficiaries-to-obtain-advance-parole-before-traveling-abroad.aspx?ref=rss)
desiin_va
01-04 04:03 PM
Clink on members list, you should see the number at the bottom
