a_yaja
07-12 03:39 PM
Are you exempted from cap if you were on H1B in last 6 years or your received your H1 B in past 6 years?
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
You may ne able to get H1B for additional 2 1/2 yrs.
I was on H1B from feb 2001 to Aug 2004 and then moved to F2 and then H4 Will I still be exempted from cap though my initial H1 has been more than 6 years old.
Thanks for help
You may ne able to get H1B for additional 2 1/2 yrs.
gconmymind
11-30 04:23 AM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I also got an RFE for photographs. Can I respond with Certified mail? Or should I use FedEx? Can you please tell me how did you send it?
sanju_dba
08-30 12:39 PM
I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!
ha002
06-15 06:05 PM
I am on F1 -OPT and my husband wants to apply for EAD...we are totally confused..i ma talking to my present compnay lawyers and my husbands compnay lawyers, they said it should be OK.... But i am not convinced.... they say there is alwys arisk involved..but it is a chance that we have to take.... i will keep you posted when i make a decision..lot of my frinds are in teh same position..so will tell you about otehr facts which i come across
more...
pappu
07-20 05:10 PM
I asked this question several times, this is what the answer I got.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
if your wife has no time left on her H visa, and she is a phd. .. she can do research on J1 visa. She can work and also apply for greencard.
gcwanted101
09-01 03:35 PM
Google G639 (http://www.uscis.gov/files/form/g-639.pdf) form for the pdf version. Here, it's already done. Just click on the link it will take you to the form you need to request the information. Fill it completely in as much details as possible and then get it notarized for your signature at a bank. Once notarized, mail the form out to the address shown on the form.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
My personal experience:
I followed the exact procedure as explained above and it took me 3 months to get everything i requested as a pdf document files on a CD instead of paper copies. It depends upon how many requests they have in the pipeline. 3 months is not bad i think. Good luck for your request.
Hey harrydr, Thanks for the information.
I know about G639 form though.
I just wanted clarify that USCIS do provide copy of approved 140 even if there is no 485 application associated with it.
Because what I have hears was “140 is employer petition USCIS never going to provide it to employee”.
But thanks a lot harrydr.
more...
vhd999
04-26 06:50 PM
My wife recently travelled to India from Seattle.
At the check-in counter, Lufthansa people insisted that she should pay for the second bag.
Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.
My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.
Sometimes I wonder, where is the end to all this nonsense.
At the check-in counter, Lufthansa people insisted that she should pay for the second bag.
Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.
My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.
Sometimes I wonder, where is the end to all this nonsense.
mrajatish
09-17 11:27 AM
Few things to remember
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
1. It is good for us if EB1 remains current for India and ROW - chance of some visa numbers trickling down.
2. The H1B cap is still 65,000 + 20,000 + some extra for non profit and a sizeable portion of this is Indians meaning other nationalities are not applying in large numbers. What this means is that the whole 45,000 EB1 and 45,000 EB2 will likely not get used from 2008-9 (by that ROW EB3 ROW will start becoming close to current and people from ROW will not try to find a way to apply for EB2 like they are doing now).
3. People will try to port their EB3 date to EB2 and some will meet success but others might fail. This will be particularly true for Indians.
Put all this together, I think any Indian who applied for GC in Eb2 or 3 post 2004 will probably have to wait the same amount of time in either category, maybe a year less in EB2. Given that you are anyway going to have to wait 7-8 years minimum, one year more or less does not make any difference.
I think people from India with post 2004 Pri dates should
a) Actively work for some meaningful legislative change, contact all your friends and make them aware of this problem, please do not just sit there and hope for a change
b) Make solid backup plans, whatever they might be - consider UK, Australia, Canada, Singapore as backups. Learn as much as you can in your present job and change jobs if you feel you are stagnating. Do not keep your career in limbo for GC when the earliest you will get it is after 7-8 years. Imagine this - if you are 25 now, you will be in your mid-thirties doing the same job if you wait for your GC.
c) Save, save, save - I cannot reiterate this, basically do not spend a dollar more than you need to. Buy a full efficient cheap car, rent a place (house prices are stagnating) etc. Do your due dilligence and post new ideas here.
d) Find a way to lobby to get back your SSN and Medicare taxes - Indian govt. is making noises about this, use your connections to make the noise louder.
e) Last but not the least, If married and planning to start family, do not wait until they change law to ban birth right citizenship :).
Use this thread to post new ideas.
more...
lutherpraveen
09-19 06:42 PM
This is called Pork-Barrel politics. It refers to government spending that is intended to benefit a particular politicians view point in return for their political support on a non-related item.
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
It is unfortunate that we are put in a situation to support an unethical (not illegal though) practise, but bottom line, this ammendment (if passed) will help us.
My personal view is not to piggy-back our provisions with a bill that is either non-related (like the defense appropriation) or a moral opposite (illegal immigration).
It would be so nice that if we have the clout to influence the law makers to have "our own" bill with just our provisions.
I am sure we will achieve that goal with the progress IV is making in that area.
How come a bill which talks about " ....authorize appropriations for fiscal year 2008 for military activities of the Department of Defense......" can link an amendment which talks about different thing i.e. "..Recapture of Unused Employment-Based Immigrant Visas..."
psaxena
07-31 01:45 PM
Hey INSBABY,
Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
EB3 I - OCT 2009 - 01/JAN/98
EB3 I - OCT 2010 - 22/APR/01
EB3 I - OCT 2011 - 22/APR/01
EB3 I - OCT 2012 - 01/JUL/01
EB3 I - OCT 2013 - 01/JAN/98
EB3 I - OCT 2014 - 22/APR/01
EB3 I - OCT 2015 - 22/APR/01
EB3 I - OCT 2016 - 01/JUL/01
EB3 I - OCT 2017 - 01/JAN/98
EB3 I - OCT 2018 - 22/APR/01
EB3 I - OCT 2019 - 22/APR/01
EB3 I - OCT 2020 - 01/JUL/01
Please do not write such post, I was about to get a heart attack, you would have been responsible for my "Om namah swaha". Well would be good for the others in the line as one less in the line then :p
Dream:
EB3 I - OCT 2004 - CURRENT (Long long ago.../Once upon a time...)
Happened:
EB3 I - OCT 2005 - 01/JAN/98
EB3 I - OCT 2006 - 22/APR/01
EB3 I - OCT 2007 - 22/APR/01
EB3 I - OCT 2008 - 01/JUL/01
Expected:
EB3 I - OCT 2009 - 01/JAN/98
EB3 I - OCT 2010 - 22/APR/01
EB3 I - OCT 2011 - 22/APR/01
EB3 I - OCT 2012 - 01/JUL/01
EB3 I - OCT 2013 - 01/JAN/98
EB3 I - OCT 2014 - 22/APR/01
EB3 I - OCT 2015 - 22/APR/01
EB3 I - OCT 2016 - 01/JUL/01
EB3 I - OCT 2017 - 01/JAN/98
EB3 I - OCT 2018 - 22/APR/01
EB3 I - OCT 2019 - 22/APR/01
EB3 I - OCT 2020 - 01/JUL/01
more...
bheemi
03-28 03:55 PM
Thanks Man..Good to hear that..
Ψ
06-12 01:31 PM
well here is my last volley not at all great and am not completely satisfied.
wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg
wouldve spent a little more time. but its just dat i have exams and gotta study.
well heres my last serve hope u like ithttp://img62.photobucket.com/albums/v188/_azzy_/last.jpg
more...
fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
dpp
10-25 01:22 PM
I would like to suggest that anyone in Indiana who can make it meet at the Starbucks coffee location in Westfield this Saturday.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
Ok, count on me and will be there at 11:00 am.
This is at US31 and 146th Street north of Indianapolis.
I propose 11am.
Even if there are only half a dozen of us surely we can achieve more than as individuals.
Ok, count on me and will be there at 11:00 am.
more...
navyug
06-26 04:58 PM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
You can own shares of a company and be paid dividend too when you are on H-1B. Getting paid dividend does not mean the dividend paying company has to also sponsor your H-1B. In the same way she is just holding shares (may be 100%) in the company. As long as she is not being paid salary she is fine. She can work pro-bono during this period. You do not need EAD to be a owner (or share holder) of any company. She needs EAD if and only to be paid salary from this company. EAD is "Employment Authorization Doc". Even a student can own shares of a company. Please understand/analyze the situation before commenting.....
morchu
04-21 08:46 AM
Depends on many variables.
1. What is the field of your / your spouse's job? Can you find a good job in Canada?
2. Is there any other variables that force you to be in USA. (Relatives etc..)?
For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..
"7 years" for US citizenship is tooo optimistic.
If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.
-Morchu
well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
1. What is the field of your / your spouse's job? Can you find a good job in Canada?
2. Is there any other variables that force you to be in USA. (Relatives etc..)?
For a lot of middle category jobs Canada is even better than USA. Infact Canada is more industrial than USA and has very good quality of life. But if you are going to Canada for a "hi-tech" job, think twice..... (opportunities)..
"7 years" for US citizenship is tooo optimistic.
If you are from India, it "may" take 10 years for you to get even a Green Card, filed under EB3. Browse through the forums and you will see than many of the Indians here are waiting for more than 10 years.
-Morchu
well, that really sucks, I was not aware of the 180day rule. Many thanks for the information.
So I have no other option than start all over again. One question, can I apply directly to a new LC or PERM or I need to go thru H1B first?
My Plan B is Canada, already have Canadian Permanent Resident Card, I need to enter before May 2010....I might need to decide between just moving to Canada and in 3 years get citizenship Vs. Starting new PERM process in USA .....I will be aprox 7 years away from citizenship.
Any thoughts??
more...
willgetgc2005
03-28 01:39 AM
Hello,
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
My PERM ad was placed and the lawyer said there are responses and company will have to take recruitment steps before he can file.
Company say he has done recruitment and sent report to lawyer. Lawyer says no, I have not received recruitment report. What is this recruitment report ? Is the PERM application not strong if there are responses.
I am really struggling between lawyer and company. Any thoughts. They seem to be dodging me after taking money. If i have some details from experinced gurus, I can talk to them. Else, they just delay after taking legal fee.
Please help
anilsal
12-21 12:00 AM
how can I get a copy of my approved I-140?....my lawyer won't give it to me...heck he won't even give me the case#
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
please help
Can't he not give you a copy of the I140 approval? That will have the case number. Something like, LINxxxxxxx
gcformeornot
12-14 10:13 AM
RFEs these days? Especialy for I140s?
nemu777
09-17 03:38 PM
Hi Vani,
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
I applied for H1B through a NJ based consultancy company for year 2010. I haven't got any receipt number though my employer claims to have fedexed my application on April 6th. Have u been able to get in touch with USCIS regarding your application. Pls update.
rajenk
07-16 12:49 PM
Thanks a lot Raj.
One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.
Thanks again for answering so promptly.
CAH
Below are the documents that you need to get from your previous attorney/Employer.
1. Legible copy of your approved labor that you and your HR had signed.
2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"
3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.
That is all you need.
Make sure to transfer your H1-B to your new employer.
Good luck.
Raj:)
One more question. Does current company give you any originals when your I-140 is approved? If so, I was not given any. I was just told by the company attorney by mail saying that my I-140 is approved. So now, what exactly should I ask for? Appreciate if you can list all the required documents.
Thanks again for answering so promptly.
CAH
Below are the documents that you need to get from your previous attorney/Employer.
1. Legible copy of your approved labor that you and your HR had signed.
2. Legible copy of the Approved Original I-140. You will not get this original because it is solely Employer's document. Some times you will receive a Courtesy copy, but that will be like any other I-797,that is not the original, in that they will say "Courtesy Copy: Original sent to : <your attorney's name>"
3. Copy of all H1-B approvals (I-797) to have records of your legal stay in US.
That is all you need.
Make sure to transfer your H1-B to your new employer.
Good luck.
Raj:)
No comments:
Post a Comment