aniraj
08-02 01:26 PM
Thanks a lot
vban2007
07-13 01:38 PM
Please delete this TOPIC
vnsriv
07-20 03:32 PM
Can you not get a letter from your church/temple in India?
Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.
Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.
Excerpt from US Embessay
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
Mnay people in India have only the church/temple marraige registration. THEN THEY REGISTER THEIR MARRAIGE (MAY BE AFTER FEW YEARS) IN THE SU-REGISTRARS OFFICE.
Such a marriage letter, affidavits and your new US marraige certificate shoudl work fine. If an rfe COMES, YOU MIGHT NEED TO EXPLAIN WHY YOU GOT Married in US agian.
Excerpt from US Embessay
Religious Ceremonies
In India, a religious marriage ceremony is considered a legal marriage. However, for Hindus, Jains, Sikhs and Buddhists, the certificate issued by the temple or gurudwara may not be legally sufficient for all purposes. Rather, members of these religions may seek a formal marriage certificate from the Registrar of Marriages. If one of the parties is a U.S. citizen, the registrar may request a �no objection letter� from the U.S. Embassy or Consulate, and also may request proof of termination of any previous marriages, before a marriage certificate will be issued.
If the parties are married in a Christian, Muslim, Parsi, Jewish, Baha�i or other religious ceremony, the certificate issued by the religious authority (e.g., the church�s marriage certificate, the mosque�s nikah nama, etc.) generally is sufficient proof of marriage, and no certificate from the marriage registrar is necessary.
k94
11-17 09:31 AM
This isn't really answering any questions, but I've asked my company's lawyer to look into the benefits (and/or disadvantages) of making the switch frm TR (non-RIR) to RIR. Since this notice was only made recently by the DOL (in the Federal Register on October 6, 2006), I would imagine that it will take some time for lawyers, etc to figure out all the implications. As soon as I get any information, I will definitely post it.
more...
srini1976
07-11 04:44 PM
:D Congrats dude!
dpp
08-18 12:09 PM
that was expected. 300K * 1.7(average family size according to USCIS) = Approx. 500K
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
They clearly said estimated 300K received. This 300K estimate includes all I-485 petitions, do not confuse and speculate incorrect info.
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waiting4gc
06-29 01:18 PM
My lawyer asked me to use A# on OPT card as the A# on my 485 application. USCIS does not normally assign A# when 140 is approved. There are only rare scenarios when it does that. Please use the A# on your opt card so that USCIS can easily find your records from the student days.
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
I was a student on f1 and had applied and used my OPT period. The OPT card has A#. I am applying I-485 with I-140 pending and have I-140 reciept
Should I use the OPT A# everywhere on the application?
I do not have any other documentation related to my OPT except the expired OPT/EAD card. IS this suffiecnt documentation?
There is question on the I-765 which ask IF i had applied for EAD before. WOuld the answer to this be yes I have used OPT before? If yes what is the location of the USCIS office where I applied. I have no clue about this
raysaikat
03-06 05:47 PM
Thanks for the response forgerator. But I would argue that, the problem lies in the fact that there's no obvious link between my work and college major. So if I'm able to somehow re-establish that link, it's still possible to get an H1B. I understand that most H1B visas went to people who work in IT, finance, etc. But I don't see that as an absolute impediment in terms of me getting one.
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
The key here is that the degree you have attained must be "required" by the job. So you need find a job that requires a degree in French.
Here is the exact language of the law from 8 CFR:
"(iii) Criteria for H-1B petitions involving a specialty occupation.
(A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria:
( 1 ) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
( 2 ) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
( 3 ) The employer normally requires a degree or its equivalent for the position; or
( 4 ) The nature of the sp ecific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.
(B) Petitioner requirements. The petitioner shall submit the following with an H-1B petition involving a specialty occupation:
( 1 ) A certification from the Secretary of Labor that the petitioner has filed a labor condition application with the Secretary,
( 2 ) A statement that it will comply with the terms of the labor condition application for the duration of the alien's authorized period of stay,
( 3 ) Evidence that the alien qualifies to perform services in the specialty occupation as described in paragraph (h)(4)(iii)(A) of this section, and
(C) Beneficiary qualifications. To qualify to perform services in a specialty occupation, the alien must meet one of the following criteria:
( 1 ) Hold a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 2 ) Hold a foreign degree determined to be equivalent to a United States baccalaureate or higher degree required by the specialty occupation from an accredited college or university;
( 3 ) Hold an unrestricted state license, registration or certification which authorizes him or her to fully practice the specialty occupation and be immediately engaged in that specialty in the state of intended employment; or
( 4 ) Have education , specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty."
More from USCIS:
USCIS - H-1B Specialty Occupations and Fashion Models (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=73566811264a3210VgnVCM100000b92ca60aRCR D&vgnextchannel=73566811264a3210VgnVCM100000b92ca60a RCRD)
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Hassan11
03-20 04:28 PM
:D
I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.
I pledge not to spend a dime forever...in fact i cant remember the last time i spent a dime on anything...in this day and age i end up spending quarters and dollars.
joshNJ
06-29 12:06 PM
if an A# is present in the I-140 receipt should that be used to fill the 485/EAD forms ?
thanks
thanks
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willgetgc2005
10-31 04:16 PM
This This happened to me as well. My AP which was approved in 2005 and has already expired had an LUD today. I have an approved AP in 2006. But my expired 2005 AP had LUD.
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
In August my I-140 which was approved in 2005 had an LUD. God knows what all this means. My 485 is pending becuase of retrogression.
Hi all
When I checked my email on Saturday I got 10 emails from USCIS.
5 of them for my 485, 5 of them for EAD I applied in 2004.
My 485 status before email was something like this: We responded to the additional info you requested on so and so date, if you not received by 14 days contact us. (This status got changed when I did address change in 2005)
Now it says about my FP which I gave in 2003. I gave FP again some time in 2004 end.
On May 20, 2003, the results of your fingerprint review for your I485 Application to Register Permanent Residence or to Adjust Status were received, and processing has resumed on your case. We will mail you a notice if further action is needed, or when a decision is made.
I am not sure why LUD got changed for 2004 EAD now, after that I applied EAD�s 2005 and then 2006.
I understand if LUD changed means, some one touched our file to update some thing, but I am wondering why 485 Status changed to my First FP message.
Any one got similar emails......
__________________
Thanks
hinvin66
08-11 12:08 AM
EB2-I PD: May 30, 2006
The saga goes on...
My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...
Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet
The saga goes on...
My original sponsoring desi company did not give me the labor that they filed for me in 2003, so I moved to company "A" after that. Read on...
Second H1B 3-year extension beyond original 6 years !
My PD is May 30. 2006 (beat the Aug 2008 VB by a day!) from company "A", I-140 (EB2-I) approved
Ported to company "B", I-140 (EB2-I) approved (premium - 2007)
Company "B" filed for 1st 3-year H1B extension using AC21 as backup
Filed for I-485: RD=Aug 2; ND=Sep 17
Changed to company "C" 2 months back using AC21 (don't know details of documentation sent - handled by company "C" legal department)
Company "C" filed for 2nd 3-year extension H1B using AC21as backup
FP done in Oct 2007
Used AP for Int'l travel 6 times for business trips.
Soft LUDs in Dec 2007, Feb 2008
Applied for EAD renewal in July 2008
Applied for AP renewal in Aug 2008
Waiting for I-485 approval ... No RFE yet
more...
computerClerk
06-11 05:26 PM
Kris,
This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.
Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.
Thanks
Gaurav.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
This is a similar advice (complaining to DOL) that you gave me about my employer's non payment for 4 months.
Would you kindly elaborate on what kind of protection an employee has, once he complains to DOL about employer and the employer retaliates by firing employee and revoking his petition.
Thanks
Gaurav.
1. Send an email to the employer
2. Send a letter with a proof of delivery and signature stating your case and that you need to be paid and reminding him/her of their legal obligation and give them 7-10 days to comply failing which you will report to DOL.
3. If you have not received your dues, complain to your DOL immediately
I assume that your legal status is not compromised by doing the above and you have a backup for maintaining your legal status in case the employer comes back at you by canceling your H1 etc.
- cheers
kris
rally
07-19 10:23 AM
Could you please comment on the above?
Thanks
Thanks
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gman
06-19 04:00 PM
As previously stated you have to maintain H1 status for the the spouse to be on H4. If you change status to AP/EAD then your spouse will be out of status. I am in the same position as you are. My PD recently became current and my wife filed last month I-485, AP, EAD. You can change jobs but new company has to sponsor/transfer your H1.
reedandbamboo
08-29 12:54 PM
volunteer as a writer.
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deecha
07-16 09:44 PM
Its a crime to influence someone at position to have access to information systems and distribute the data without written permission from the organization.
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
Well, that's true but I was being facetious. :-) I am an IT manager and I am aware of laws and regulations. My real intent was point #2. Have said that, I must also say that too many laws and excessive bureaucracy is the bane of this society (and other countries too, like India).
Both the parties can be prosecuted for this crime..you for soliciting the information for which you have no authority to receive except following proper protocol
Well, that's true but I was being facetious. :-) I am an IT manager and I am aware of laws and regulations. My real intent was point #2. Have said that, I must also say that too many laws and excessive bureaucracy is the bane of this society (and other countries too, like India).
msyedy
01-10 09:06 AM
Friends,
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
Guessing is not allowed in this situation......................
As I had indicated that I had admission to study for MBA in europe starting Sep/Oct 2007, looks like I have to drop it due to the GC process ( entangled)
My last discussion wirh Immi and employer drove the nail in the coffin.
I would appreciate any suggestion fromfolks like you.
Outcome:
I can quit the job and proceed for MBA at my risk ( leave spouse behind in the US in I-485 pending stage). If for example my PD ( July 2002 EB3 india) comes up during my absence in the US and if there is a RFE, my current employer WILL NOT provide a job offer so far into the future ( ie post Sep 2008). the least they said they can do is not pull labor and I-140 ( both approved and I-485 pending for 4 yrs)
Since I am in the Mechanical egnineering field , i dont know who to find , ( unlike adundant software body shoppers present) who will draft an offer in case of RFE.
I have few more weeks before I see this opportunity slip by.
Can anyone guess if the EB3- India PD will move to July 2002 or beyond before September 2008?
Any suggestion./directions will be appreciated... Around me i have no one who has even changed jobs , used AC21 etc.
Thanks for your time
No one can guess on this issue., believe me.......... Dont keep hope that in 1 year ,2 years you will have GC.
Guessing is not allowed in this situation......................
wandmaker
11-27 07:17 PM
how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
hebbar77
05-15 06:27 PM
This gentleman is Feb 06 and is worried about his wife's GC not being approved, while folks and a lot of 'Janta' like us have PD's before his, and are still waiting............makes me more and more dukheeeee.........
Lets admit it now... we are all selfish and so is he... am I wrong?
Lets admit it now... we are all selfish and so is he... am I wrong?
piyu7444
04-10 03:34 PM
The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
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