angelfire76
12-07 04:28 PM
EB1 is typically for Phds with solid publications behind their belts.
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
In some cases the individual can sponsor himself without an employer as such people are considered a good value add to the US. In other cases, an employer has to have a bonafide job opening requiring such skills (mostly professors, research, etc.,). These people are usually given their Green cards in ceremonies unlike EB2/EB3 where the card is mailed out in a USPS envelope.
There is also an easy way. In some companies in India, people with 5-6 years of experience are promoted to Project manager roles and have a group of people reporting to them. If this company transfers them to the US to continue the same role, they become eligible for EB1. So in a typical case,
complete education at age 22 and join company x as a software engineer
get promoted to Project manager at age 27 (5 years later)
come to the US at age 28 ( a year later)
apply for GC on EB1 (directly apply for 140/485 as there is no Labor required and also PDs are current)
get GC at age 29
you are all set...get married, buy the mini-van (Odyssey or Sienna), perhaps open a India/Pakistan grocery store on the side which rents out pirated DVDs of desi movies and enjoy life!
I know you are being pointedly sarcastic at a section of green card applicants but Project Managers are not eligible for EB1. (Don't give that section any bright ideas) Only multi-national executives (VP and above are)
in addition to researchers who have exceptional track-record (no, publishing papers in IEEE digest doesn't count)
Haven't heard of EB1s getting GC in ceremonies. After all the little piece of plastic is not an award of merit or anything (even though lot of us seem to think so :D)
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radhagd
03-26 11:18 AM
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
You should have 5 years experience after your Bachelor degree. Experience before degree will not be counted towards progressive experience. It happened in my case in Eb2 I140
nayekal
08-18 05:12 PM
Guys,
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
I faced this problem myself. My wife was on H1 earlier and she never worked for a period of 1 year. At the beginning of the H1 period, we are expecting a baby and we took easy about her doing any job (its my fault). Later, market turned worse, it became to hard for her and her employer look for projects for her.
So, I contacted a lawyer (he is great). He told me that her status is H1 even though she is not working and she has to get back to H4. He assured me that they will for my documents more than her's and we filed as such and we don't even have her pay stubs or W2 forms.
She got in 45 days period and last week she went for H4 stamping, showing my documents. Yesterday, she got her passport back with H4 stamp.
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HalfDog
03-12 03:11 PM
It is an indication of my design style but I will be submitting a more..fine-art piece.
Ah hell I'll explain, it was done with an ink pad and my thumbs (only).
It's somewhat of a photo realism piece.
Ah hell I'll explain, it was done with an ink pad and my thumbs (only).
It's somewhat of a photo realism piece.
more...
poorslumdog
03-28 01:11 PM
Yesterday, I went for my H1b stamping but was issued a 221G. I had all documents that the VO asked for.
What are my chances of getting tbe visa without the original contract?
I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
What are my chances of getting tbe visa without the original contract?
I had to travel to India because of a family emergency. My family is in US as kids are in school. I would really appreciate if you can answer.
Have you ever participated any of the IV's campaign on various issues. Have you ever volunteered your time or donated money.
If no, you deserve this and rot in hell. There is no solution and you people are running to IV only when disastor strikes. But its too late.
If you cannot get the original contract nothing can be done...
malibuguy007
09-16 12:58 PM
I agree - the focus should be ONLY CALLS today.
Is it possible to add a poll to the thread to see how many people called just today?
Is it possible to add a poll to the thread to see how many people called just today?
more...
snathan
03-28 04:22 PM
As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?
yes...
yes...
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Eternal_Hope
02-08 08:56 PM
It would be helpful to everyone if all of you could also report the USD equivalent of the figures you are mentioning. Assume 1USD = Rs. 50 for simplicity. This would help the people who just skim the threads for information.
more...
leo2606
09-24 03:42 PM
My wife is on H1-B valid till May-2010 and she got EAD for 2 years as well.
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
She is planning to take up permanent job at the client place she is currently working as a consultant.
What is the best? tranfering the H1-B or using EAD. Does she need to invok e AC-21 in bothe the cases?
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IfYouSeekAmy
01-20 11:06 AM
EB3 kicks ass!!! So does EB2. :D
more...
kirupa
11-26 03:52 AM
You'll be surprised at all the things that I pretend to know.
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arihant
05-23 06:54 AM
As many of you have been following, there are some provisions that benefit folks with advanced degree in STEM from US universities by exempting them from the Visa quota. I think CIR in its current form has a provision and the Cornyn (4005) and the Brownback (4058) ammendments that are yet to be introduced also have some such provisions.
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
My question is, will people who qualify under this category still have to clear labor? If so, then those of us who are stuck in BEC can only wait and watch while those who have cleared using PERM will go ahead. We could transfer from BEC to PERM but this is not as easy as it sounds. We could also apply fresh in PERM (as retrogression will not apply, hence PD will not matter) but this is also not as easy as it sounds for folks who are in 7th year or greater in H1B.
Any thoughts or comments?
more...
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cvk90
12-08 01:40 AM
Not sure where this is going...Respond with caution folks...posting seems fishy !!
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purgan
02-22 10:11 PM
How the hell can these service centers move processing time backwards? I don't get it. Do they work backwards?
more...
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badluck
06-22 09:41 AM
TB test should be positive or nigative. does it make any different in immigration
any responce
any responce
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ragz4u
03-15 11:05 AM
Ramanujam,
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
Over the last couple of weeks IV core committee members and QGA have had several meetings with important members of Senate and House. We have tried to educate the relevant folks about our situation.
It is premature to assume/speculate one way or other whether any pro-immigrant provisions will be removed/added. The next few days will provide a good idea of how things might unfold
There are a ton of amendments that are being introduced by various Judiciary Committee members. The committee has only reached Title 3 while Title 4 and 5 are the ones that most affect us
In the same vein, the Judiciary Committee is NOT the only place an amendment can be brought into the bill.
After the Judiciary committee, the bill will be brought to the floor. At that time too amendments can be brought in by Senators. Once the bill passes the senate, the bill will be discussed by the Joint Conference Committee that will negotiate and come to a common bill from both the House Version HR4437 and the senate version of it. Here too, pro-immigrant provisions can be added/removed
So in short, we will try our best to ensure that all our goals mentioned on the home page are achieved (hopefully :) ) and we will keep on working on it until the final bill gets passed by both the house and senate after the joint conference committee!
more...
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BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
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gxr
10-01 03:29 PM
Anyone with Oct 06 or earlier RD still waiting for I-140 approval?
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cdeneo
04-02 10:41 PM
I have a somewhat tangent but related question that I could not find a definite answer to while searching thru the various threads here -
What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.
Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?
Any insight into how to tackle this would be very helpful. Thanks!
What is the best way to change representation of one's case from the company lawyer to Self when you are changing jobs? Someone mentioned on one of the threads that one needs to file another G-28 form but I believe that is the case only if you are changing to a different attorney - please advise.
Also, does anyone have any experience with how long it takes for this change to take effect once communicated to USCIS?
Any insight into how to tackle this would be very helpful. Thanks!
tonyHK12
01-07 09:17 PM
THe Lottery is the dumbest piece to obtain GC. Imagine some guy who does nothing to the USA applies, comes here sucks the $$ out of the system by coming here, staying here and enjoying all monetray benefits of a GC like unemployment benefits etc
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
People who have been paying taxes for 6-10+ years and working in the US economy get only 50,000 Green cards a year, while 50,000 complete strangers in a foreign country get Green card in a year because they happen to be lucky and win a lottery !! :mad:
arihant
02-14 02:26 PM
Hi iptel,
Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.
http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf
Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.
Folks preparing material to present may find some useful statistics here.
Thanks for the find. I have provided the link to the 2005 report referred in the 2006 document.
http://a257.g.akamaitech.net/7/257/2422/17feb20051700/www.gpoaccess.gov/eop/2005/2005_erp.pdf
Look at Chapter 4 in the 2005 report. It does cover more about the TWP (temporary worker program). However, it does have some interesting statistics on the labor market and fiscal impact of immigrants, and other statistics.
Folks preparing material to present may find some useful statistics here.
