immilaw
09-17 11:07 AM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.
So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
There are two requirements of EB-2. First is the minimum requirements of the Job and the second is the degree that you have earned BEFORE you joined the job.
So if the minimum requirement of the job is M.S. degree and you also had earned a M.S. degree before you joined the job then it will be EB-2. Remember, the US CIS & DOL consided goes by the date appearing on your diploma as the graduating date. No amount of letters from the dean or your supervisor will convince then that you earned your degree on a date before the date that appears on your diploma.
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reddog
07-01 03:09 PM
I am also ready to join in the lawsuit.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).
************************************************** *******
I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.
I didn't presser my parents about the bc and i took INS doctors appointment next week, thinking that dates are current for complete month why rush? so I can't file by tomorrow
You did the right thing. Nothing is going to retrogress atleast till the 15th of the month(this is when the Visa bulletin usually comes out).
************************************************** *******
I am not a lawyer, do not act one on TV and never stayed at a Holiday Inn.
gcgonewild
10-08 04:26 PM
In US the nice thing about SSA is unemployment and disability security.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
But 10 years is a long time to wait on a temporary visa to get your social security back.. There were some discussions to reduce this to 3 years but that talk is dead now.
In India, the best part is 100% compulsory employer contribution. But
Indian PF sucks with rising inflation and lack of accountability.
And we all know how the employers would "Package" their "contribution".
This latest development will sting Indian origin GC holders and US citizens who go back to work in India and MNC employees working abroad.
2011 Kelly Osbourne and oyfriend Luke Worrall
eb2_immigrant
03-09 06:20 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can you not think anything other than a gas station or seven eeleven ? Come on guys think out side the box. I don't have a great idea to suggest you to begin with but I know gas station and grocery stores are very typical desi ideas
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WillIBLucky
06-21 12:08 PM
Congratulations!!!!!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
Would you plz confirm us on the Birth Certificate?
Me & my husband got our Birth Certificates in 2005 with all the correct birth details. Do you think we might still need affidavits for Late Registration of Birth?Please throw some light on this as there's lot of confusion going on this.
You would need afidavits from your parents and a close relative. IF you dont have a birth certificate with your name, registered on the day you were born and the certificate is dated close to your dob then you WILL need afidavits.
It very simple, just send the format by mail to your parents and ask them to buy stamp papers and get it typed and then sign in front of notory and notory will attest and sign. Then ask them to scan it and send it to you. You just take a print out and give it to your lawyer including your birth certificate you took in 2005.
Good Luck!
indyanguy
09-09 12:42 PM
I Where did you find this information about limiting EB2 to managers only?
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
Check out this post - http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/20720-calling-us-educated-and-eb2-people-14.html#post300225
I am not sure what came out of this campaign (I really haven't read the entire thread), but it appears that at first glance, it had to do with limiting EB2s to certain job titles.
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factoryman
07-02 01:20 AM
Keep it as it is. Then you can do FB based GCs on either side.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
Talk of 'having the cake and eat it too'. Perfectly possible in this case.
2010 When I say “oyfriend,” I men
zimmy100
03-24 12:30 PM
Friends,
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
more...
manderson
10-30 09:58 AM
stylepoet, I am no lawyer but I still think you can totally resolve this thing with a very good immigration lawyer instead of lobbying for a law change. If you wait around for legislative changes you may wind up waiting forever. Look at us. A multi-million dollar lobby like Compete America (which represent Fortune 500s like Microsoft, Google, Oracle, etc.) have been working towards some of the same goals we have been trying to achieve for the last 4-5 years, and either of us can hardly get anything done in Congress.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
Compared to the legal limbo we are in, your case really isn't that difficult. I am not trying to condescend you or anything but you my friend need to get a better lawyer if your current one is telling you that your case it stuck. It isn't! There are a lot of things you can do to manage your transition from E2 to EB5.
One of the things you can do is convert your college-going daughter's status to F-1 (by getting a I-20) perhaps temporarily while you sell your business and apply for EB5. I know someone who was already in the US in May/June but his H1 didn't start till Oct and he didn't want to leave and re-enter becoz of embassy hassles back in his home country, so he applied for a Master's from a university and got an I-20 pretty quickly which helped him bridge the gap between June and Oct (he had to study full-time ofcourse to maintain status during that bridge-time). Another way to avoid missing school, is to do this over next summer when both of your daughters will be off for summer break...
Once your kids turn 21 they will age out anyway. Meaning they will have to pursue their own green cards. So if you want them to get their green cards as your dependants you really need to move now. Take it from us. You really don't want to wait around for law changes!!
:)
Thanks for your input, Manderson. My family has been here for four years. We have two sons in England, one of whom is going through the E2 application process, and two daughters, one at University and one in high school. We would all like to stay permanently, but in order to raise the money for EB5, we would have to sell our business and that would put us in breach of our visa conditions.
The half-centrury old E2 laws need to be updated to reflect the valuable economic input of investors. It is unrealistic to expect people to come here, settle their families and run successful businesses for a few years and then go home. Most decide they would like to stay but have no path to GC.
We can't just leave the country and start again because of our daughters' education. Feels like catch 22, but I believe reform is the way forward.
hair it would seem Luke himself
desi3933
06-22 07:40 AM
Hi,
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
Can you pls help:
My wife is currently on H4.
She has H1B approved for 3 years for company A with start date of October 1, 2007. My company just filed both mine and my wife's I-485 and EADS.
Now, (Say for example), my wife receives the EAD which was filed though my company on August 1, 2007.
Questions are:
1. Can she work for the company A on EAD from August 1 - September 30 and then fall-back (re-instated) on H1B (already approved) from October 1 - next 3 years for the same company A ?
2. If she uses the EAD to work for the company A for a single day before October 1 (start date of her H1), will that invalidate her already 3 years approved H1B for the SAME company A?
I understand H1B is the best practice option and understand EAD canbe renewed yearly basis but unsure about relationship of EAD vs H1B (already approved) in the perspective of working from same company "A".
Please advise and help - thanks in advance.
1. No, unless she goes out of country and re-enters US on H1 visa on or after Oct 1st
2. It will not invalidate H1 visa, but she will be in AOS Pending status. In order to be on H1 status, she needs to do #1
3. EAD is good for any employer (including H1 employer), but H1 is good for one employer (as mentioned in H1 approval notice). H1 can be revoked by employer.
Good Luck.
Not a legal advice.
-----------------------------------
Permanent Resident since May 2002
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thomachan72
12-21 01:18 PM
Wiring the money is the best and safest option for large amounts. If you wire it into your NRE then it will not be converted into rupee unless you specifically instruct that to happen. You can hold it in US dollars till the value appreciates.
Usually you can wire it for approx $35 to 40 and it takes about 2 working days.
Usually you can wire it for approx $35 to 40 and it takes about 2 working days.
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GreenCard_Soon
05-25 01:44 PM
Just sent the fax.
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vgayalu
06-19 09:53 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
I wish same. But it is 200% not possible. We are getting lot of Labour approvals from BEC's . If P.D dates stays as 2003 Jan it is great.
I think there is much possibility for more retrogression. It may go back upto 2002 Jan for EB2 also.
vgayalu
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chantu
02-11 09:12 AM
Is this firm based in NJ near Jersey City?
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
Hi ->
I got a lawsuit(summons) from my previous Employer ( I quit this consultancy in Oct 2010 ) and got this two days back with below points . I need to respond to them with in 30days. I quit this company has he hasn't paid any bench salary and haven't do any proper marketing - which were force me choose a permanent job.
So could some one please advise me the right lawyer to handle this.I need to answer to this summons and need file a new case against them.
Points that summons contain :
FIRST COUNT : Breach of Contract
Second Count : Tortious Interference
Third Count : Breach of Duty of Good Faith and Fair Dealing
Fourth Count : Unjust Enrichment
Fifth Count :Misrepresentation and Fraud
SIXTH count : Breach of Duty of Loyalty
Really I would you appreciate you guys advise me right way to handle this.
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viswanadh73
01-04 03:21 PM
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07-07 02:40 PM
Any one who owns corp or who has accounting background!!!
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sunderbans
04-07 09:31 PM
thanks for your reply.
my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.
my wife H4 was denied since it was applied after 2 months of I 94 expiration (july 1,2010)but we also sent the I 94 correction based on my H1B notice untill March 10,2011 since there was mistake at POE in jan 2010. On March 18 we received I 94 correction until March 10,2011. Hence now actual out of status is from march 10,2011. So we decided for her to go to India for stamping. But we also filed for MTR still my attorney adviced us to go to India for stamping since we don't want to cross the 180 day period.
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prem_goel
08-18 04:22 PM
If she uses her H4 Visa stamp to enter , will have to file H4 to H1 Chane of status to be able to work on H1.
I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.
I think you probably can get the H-1B stamped as well and have your wife enter as H-1B.
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vijayam
09-15 04:59 PM
Hi,
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
I am a F1 student and am on OPT now. I got my H1B visa approved from Oct-1 2006 to Sep-30 2009.
But my school said I cannot get my degree certificate till December 2006.
My question is when I apply for my Green card will I be considered into EB2 list or EB3 list. On what basis will this be decided.
Please suggest.
Thank you,
Vijaya.
wang12
06-10 12:11 AM
Dear Sir or Madam,
Does anybody know the fax number of Nebraska Service Center or USCIS ?
Many thanks
Does anybody know the fax number of Nebraska Service Center or USCIS ?
Many thanks
bala50
02-18 10:32 AM
And it may well depend upon the demand for H1b visas this year. If there is a huge demand for H1b visas like last year, there is a good chance congress may recapture lost H1b visas. Then EB visas may also be recaptured along with H1b visas.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
But I'm not sure about the demand for H1B this year , as H4 to H1 conversion will be down this year due to (most of) H4 visa holders getting EAD. Another issue is if OPT is increased to 24 months, then F1 to H1 will also fall drastically.
Fear of recession may also reduce new H1B visa demand.
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