ImmiLosers
03-10 10:01 PM
URGENT -
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
I already have approved I-140 in eb3/Sept 2002. I am substituting a labor (EB2) - if approved I would be able to apply for I-485 right away.
My Lawyer has advised to apply I-140 as it is for EB2. (which means no reference to earlier eb3 PD ) And upon its approval during I-485 application, request for earlier PD. In fact, as per him - only reference I need is to seek eligibility for I-485 application. Which is true but shouldn�t I-140 which is basis of I-485 application should show eligible PD.
Please let me know yr opinion.
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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)
Since1997
07-18 05:01 PM
Last year the top 5 countries in EB got all these visas:
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
What is FB of 226,000 ?
Total EB ****** 159,081
Philippines ***** 23,733
India ********* 17,169
Korea ******** 10,886
China ******** 9,484
Mexico ****** 8,864
The actual limit is 7% of the total EB plus FB which is:
(140,000 + 226,000) * .07 = 25,620
What is FB of 226,000 ?
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GCSOON-Ihope
11-04 05:32 PM
Guys,
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
Your help/guidance is needed on this strange situation.
I am still in India and I have got my H1B1 approved thru one employer. I am waiting on few documents from my employer who is in US. I am still waiting for these documents so that I can go for Visa stamping.
Apparantly, this employer is causing some issues in giving me all my supporting documents.
My question: can I find some other employer and transfer my H1B1 and then go for stamping thru this new employer?
You experience, knowledge will be appreciated.
Thanks,
pan123
Of ourse you can always find a new employer!
However, I hear people talking about it all the time, there is no such thing as a transfer as if you could port your visa to a new company.
Whenever you want to switch jobs, you have to apply for a whole new H1.
Having one already does not make things faster or easier, except when you are already in the US. In this case, you can switch jobs as soon as you file the new H1, you don't have to wait for approval. However, there is a big risk:
what if the new H1 is denied? You already quit your previous employer and cannot work for the new one anymore...Then you are in big trouble.
In your situation, just file a new H1 with a new employer, that's it.
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abhaykul
09-10 09:02 AM
Gr8 job ! Shilpa and Aman and all core members ...Keep it up
lazycis
12-03 11:36 AM
Lazycis,
Did you inform USCIS after you invoked AC21? Thanks!
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
Did you inform USCIS after you invoked AC21? Thanks!
No. Both times it was a large company (one has an agreement with a big law firm to handle immigration-related issues). I asked my current employer's attorney about it and she told me not to worry, they never had issues with AC21 portability (employer has 120,000+ employees). She was right regarding my case.
more...
gregspirited
03-25 02:18 PM
She will need to complete a 3 year waiver in medically underserved area or a 2 year home return before you can file for her adjustment of status(I-485).
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
We had faced a similar situation 3 years back and decided to go ahead with it since looking at the backlogs I am assuming with my PD of 2007 I am still way off from getting my GC.
So now my wife is completing her residency in June this year and has a waiver job lined up. Once/ If dates become current I will file for her I-485 after the waiver is complete.
If you need details then PM me.
Everyone has their own priorities and their own way of dealing with the situations.
Thanks for your response. I understand the process for J1 waiver and I have PD of Oct 2007 and hence not worried about including her in my 485 for now.
I'm more worried along the lines of her J1 visa stamping and problems at port of entry while returning to US. Since USCIS knows that I'm planning to immigrate to US (due to I-140) will they ask any questions or make her life difficult or reject her visa while stamping.
Did you wife go through J1 stamping when your I-140 was approved? Can you also provide your email id to know more about J1 waiver details in your case and how you handled it. It would be useful for us in another 3 years :-)
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tn1
12-02 09:12 AM
Knoxville TN
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gc28262
11-05 04:45 PM
If she plans to continue with her current employer after her travel, there is no harm in using AP. Once she comes back on AP, she automatically resumes her H1B status on the next H1B extension filing within US.
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
If she is OK with going through the hassles of visa stamping, that is fine too.
Please refer to the following murthy bulletin for details.
http://www.murthy.com/mb_pdf/032108_P.html
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MerciesOfInjustices
02-19 02:51 AM
DLs are all managed at State level, but there is an effort to standardize it. My wife applied for DL/Learner's permit in AZ. We had H4 valid thru Aug 31, and an extension starting Sep 1, but they refused to give us the extended period. Their explanation - the software would not allow it. They could not enter information based on 2 documents because the Notice of the extension did not become effective till Sep 1. We had to go back & get it extended, and they did it without another test. But we had to pay another fee.
And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!
And, I basically got a lifetime DL because I had applied way back in the good old days, 1998!
more...
gcdesirer
10-12 05:59 PM
My sister is currently working abroad as a Nurse and is looking to work in US. I have done some asking around and figured that Nurses are not welcomed in US as they used to be.
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
My question is: Is it possible for my sister to come and work in the country on an H1 visa, since she cannot come in with GC anyways. If yes, how do I explore this avenue.
I am raising this query through IV forum to get more clarity on her options. I am being told that there are specialist nurses who are coming in, on H1 to US. Only I can't validate it with anyone.
Any help would be appreciated as always.
Look forward to hearing from you all..
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ramus
05-31 05:05 PM
Hey welcome to IV...
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
Hi,
My LABOR APPLICATION DATE : OCT 2001
I-140 Approved : OCT 2004
I140/I485 concurrently filled : APR 2004
Currently have EAD and AP
Status : Married : Adjustment of Status Pending for Both
Did any body get their green cards because of the recent movement of eb3 dates.
Srini
more...
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sri1309
11-04 06:33 AM
All,
Please congratulate the new President. Send your messages.
Please congratulate the new President. Send your messages.
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sweet_jungle
12-12 01:31 AM
It's good to know.
Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.
Well, i doubt having passport at FP would have helped. If in infopass they were not able to correct, how could they do it at FP ASC?
Anyways, having docs helps. I was initially debating whether to take birth certificate at infopass and it turned out it was very much needed.
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kris04
08-07 08:56 PM
Hi,
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
Iam trying to explain my employer that it's ok to hire employees with EAD. For some reason they prefer GC or Citizen only. I referred them to the Discrimination clause on I-9 form. Then they told me about their problems hiring EAD.
1) If the Employee is hired on a valid EAD and later during the course of employment the EAD expired, there is no system in place for them to check back with the employee if (s)he has renewed it in a timely manner.
2) If such an employee that has not renewed their EAD and continued their employment beyond expiration without notifying the employer, the company is worried that they may be legally liable for harboring employees with illegal statuses.
Please help me understand if their concerns are valid and if not what is the remedy.
how big is your employer, any decent HR software should have compliance system that can handle this legal status issue
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frostrated
06-25 01:06 PM
Hi, I hope this is the correct forum. I entered the US on an Australian passport with a tourist visa issued in London in Nov 94. After 6 months my lawyer got me a business visa extension for 6 months.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.
Long story short I overstayed and lost both passport and I 94 and the lawyer who had the copies of the docs no longer has the records. I married a US citizen in 2006 and had a child and would like to adjust my status, however I cannot prove legal entry.
Is there anyway to find records of either my original visa, I-94 or extension so I can file the rest of the paperwork?
Thanks for your help in advance.
you can try to contact the australian consulate to replace your passport. they should be able to pull your information. but in any case, even though you entered legally, you overstayed for more than three years before marrying a citizen. therefore, from the time your visa expired, you are in illegal status, and i am not sure you can adjust your status by staying inside the US. I think your best option might be to return to your country of citizenship and have your spouse apply for a green card.
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getgc2008
08-09 03:12 PM
I think we will see it towards Aug end... Till then happy browsing the forums.:)
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davestar
09-04 04:48 AM
Hello,
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
Last November I quit my job in the US and left the country as well. Two days ago, I received an email saying my 485 is approved, and card production was ordered. The card will go to an address in the US where someone can forward me the mail.
What should I do? Try to enter the U.S. with the card? What to say to POE officials? WIll I be questioned?
Thanks.
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chem2
01-10 11:32 AM
have you considered asking your client to hire you effective jan 20, but take unpaid leave until jan 25 or whenever they are ready to hire you?
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
Hi,
I am in a unique situation, any advise/help would be appreciated.
My H1 Visa and I-94 are expiring on Jan 20, 2009. It can be extended till Apr 2011 as I have been in US only for 3 Yrs and 8 Months. My current employer is not extending my Visa, so I am going to get it extended through another company, say COMPANY ABC (a Staffing company basically).
However, I don't want to be with Company ABC because I am soon going to get a job with a direct client, CLIENT XYZ, but that won't happen until Jan 25th or so.
So my question is, if I apply for extension through COMPANY ABC for now, just so that I don't go 'out of status' on Jan 20th, will CLIENT XYZ be able to apply for my extension on Jan 25th, while my application with Company ABC is still pending? Or they (CLIENT XYZ) will have to wait until my first application (With COMPANY ABC) is processed?
Basically, just want to know if a Company ABC has filed for H1 Transfer and I-94 extension before the expiry date, can another Company XYZ file for an extension/transfer after the expiry while the application from company ABC is still being processed?
Any help is appreciated. I have posted this query on couple of other posts but no one seems to know the answer! no one replied yet
dicarol18
07-27 07:46 PM
I sent the 140-765-485 on June 30. reached Nebraska on July 2...and I got receipt notice of 140, Does anybody know if I am going to receive Receipt Notices for 765-485 too or I have to let them know that I sent those Forms too????:confused:
Please, I will wait for an answer...
Please, I will wait for an answer...
gcdreamer05
01-15 09:45 AM
So could you please explain when does this new process kick in, does it apply to all apps filed after may 2008 as said in the article ?
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