rockstart
12-07 11:07 AM
Yes they can qualify in certain cases but the application as well as candidate have to be exceptionally strong. The company should be able to prove that the job needs a guy with EB1 skills and candidate should have proven academic record with publications and patents that support the job description. I had heard of a guy from Texas Instruments who got his GC through EB1
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nissan_1
11-30 12:59 PM
Thanks for your reply guys..I have 71 points (with 16 language point). Hence I have to get at least 12 points in language skill. I think i will have to sit for IELTS..no other choice man :( But I have found in one canadian immigration forum that one guy with similiar situation replied back to canadian consulate that he studied English from school and also his work experiance is in english and he really thinks he should get 16 points. And then the embassy called him for an interview in NY and finally he got his PR. But this is just one example, everyone else ultimately took IELTS...
For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((
I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.
Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.
I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.
For me I have to fly to a different city as there is no IELTS center here...The IELTS gonna cost me some $$$ :((((
I had sent my application 3 months ago w/o IELTS and had given myself 16 points. I did write a paragraph explaining that throughout my schooling in India the medium of instruction was english and i have an American bachelors degree and have been working here.
Last month I got a letter from Buffalo asking me to submit results of IELTS exam that substantiates my assesment of 16 points. It also said that if i did not submit IELTS results they will evaluate and assess points on their own.
I am planning to take the exam, since i am border line with 70 points and can not afford to loose points. But if you have say 80-85 points, you may not take it and let them assess you whatever they want, may be 8 or even less points and you could still qualify.
number30
07-26 02:12 PM
In India 3 year grad are arts, humanities, science, management and accounting.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
The issue not the three year degree But It is 16 year education or 15 year education to attain the degree. In UK it still takes 16 years education to attain the Bachelors.
while 4+ year degrees are for technology, engineering, agriculture, medicine.
UK (some parts of europe as well) and Australia seems to have similar system in some of its university.
even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.
I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.
I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)
It is better to consult attorney to handle it properly.
The issue not the three year degree But It is 16 year education or 15 year education to attain the degree. In UK it still takes 16 years education to attain the Bachelors.
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anindya1234
07-17 10:15 PM
Bump
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bhasky25
08-13 02:17 PM
The fee increase is only for companies which has more 50% of their employees on H1B visa. So counting 85K visa's for 4 years is not correct.
dval_dpal
12-27 02:21 PM
hello guys...
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
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qualified_trash
11-30 12:11 PM
I have Labor (PERM) and I140 approved from my current employer.
can I apply trasfer and extension with new employer.
Advice is highly appreciated.
you can!!
BUT, your new employer has to do your PERM and I140 all over again. you can retain your old PD though!!
can I apply trasfer and extension with new employer.
Advice is highly appreciated.
you can!!
BUT, your new employer has to do your PERM and I140 all over again. you can retain your old PD though!!
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BharatPremi
03-17 02:35 PM
You cant just divide 500000 by 3. The numbers are not same for all categories.
Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.
Eb1-3 all are granted 28% and I am assuming there as equal number of applications in each category though it would not be the case in reality but I was just giving a crude math example.This 500000 load was from EB1/2/3 only.In reality it is more scary for EB2/3 India particular last july filing as most filings should have been from EB2/3- China and India considering the H1 arrivals from these 2 countries during the year 2003-7. And yet in that example I did not mirror USCIS's limits such as 7%, load from previous filing which is not yet clear. Bottom line EB2 with 2004 PD will have to see a long road before becoming current.
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nlssubbu
10-08 08:12 PM
i think once you use EAD to work, your H4 status has to expire. as someone said above, H4 by definition is a dependent visa and does not allow independent earnings (no job, no business nothing)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
as per your next question, usually a person with valid H1B would not use AP to re-enter. Only a person on EAD would use AP to re-enter. Now what if one applies, gets and uses AP to re-enter even after having valid H1B (and no EAD), I don't know what the resultant status is?
Many used AP to enter and still continue to work with the same H1B employer without issue. I myself did this thrice and using AP does not invalidate your H1, but using EAD on I-9 form will do.
To reply to the original question, using EAD to earn by H4 derivative does invalidate the H4. H4 does not come with work permit and not allowed to earn wages. When you start using EAD and earn wages, that does conflict with the dependent nature and USCIS will not renew the H4. This is what I understand and please check with your attorney regarding future extension of H4.
(PS: I am not a lawyer and please use my advice based on your own discretion)
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gcwait2007
04-25 11:21 AM
I can provide you part answer to your question regarding address change.
Address change (AR-11) form can be filed electronically online. If you file electronically, the address change is effected with in a week's time in all records maximum and you can see soft LUD in all your records, if you have an online account with USCIS.
If you choose to send paper based address change, the change is effected with in 3 months.
Address change (AR-11) form can be filed electronically online. If you file electronically, the address change is effected with in a week's time in all records maximum and you can see soft LUD in all your records, if you have an online account with USCIS.
If you choose to send paper based address change, the change is effected with in 3 months.
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srikanthmavurapu
08-16 03:53 PM
Srikanth,
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
Thanks for the advice. I also told him that i will complain to DOL and USCIS but no response from him he asked for compensation but i didn't agreed on it . Now, I am in process of complaining to DOL and they are saying that the case is in court so now i am searching for a lawyer in virginia.
Thanks,
Srikanth
It all depends on the language in the Agreement that you signed. More over in some state doesn't consider these kind of agreements.
Tell him that you are going to complain to DOL if he threatens you. Even though he sues you, as the reason behind your H1 transfer is not getting paid in time, there are very good chances getting final verdict in your favor.
So don't worry.
Thanks for the advice. I also told him that i will complain to DOL and USCIS but no response from him he asked for compensation but i didn't agreed on it . Now, I am in process of complaining to DOL and they are saying that the case is in court so now i am searching for a lawyer in virginia.
Thanks,
Srikanth
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piyu7444
04-01 01:45 AM
Hello Everyone -
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
I am trying to understand importance of PD after one files 485. I filed my 485 in Jul 2007 and got FP in Sep 07. Then I got a notice for in person interview with USCIS officer. At the end of interview the USCIS officer indicated that the case is approved but will have to wait for Visa # to get the GC. The interview had happened in the month of Feb when visa for EB2 was Unavailable. My PD is Nov 06 and I am just trying to understand how this process will work.
Will my GC be processed when the dates on visa bulletin will be show have nov 06 or it will just get processed as there is no reason to hold the adjudication? Background check or any other
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sanju
11-20 03:51 PM
Generally secretaries follow laws. They do not frame any regulations or have any role in it. It will be in hand of Obama's immigration appointees to push immigration.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.
Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.
Secretary will be responsible for DHS which involves security, FEMA etc too. I am not sure if she will be able to change a whole lot.
I think it would be incorrect to say that Secretaries do not frame regulations and it would be incorrect to say that they do not influence the policy and new laws. Infact, each Secretary have their own legislative group of staff who work with the congress.
Yes, we heard from Chertoff in the media during Katrina, Rita, Fay etc., but they have a lot more to do in terms of influencing the policy that govern the framework of any new legislations.
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santb1975
02-14 05:12 PM
and we can.
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Great to see this thread... gotta keep it on top!
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07-25 12:34 PM
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02-01 04:45 PM
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GCAmigo
01-02 03:48 PM
So I was lucky as I am blissfully ignorant of this rule up until now.. may be my next visit would be with an AP.. just dreaming.. I went to the Chennai Consulate though...
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sanjay02
11-21 12:55 PM
I saw the following status on I-131
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
Application Type: I131, APPLICATION FOR USCIS TRAVEL DOCUMENT
Current Status: Document mailed to applicant.
On November 21, 2007 we mailed the document to the address we have on file. You should receive the new document within 30 days. If you do not, or if you move before you get it, call customer service.
Does it mean that I-131 is approved?
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fatjoe
09-02 10:57 PM
Is it possible to let us know their RD and ND too? Just wanted to find the pattern on how TSC is approving the case. That would be much helpful for those who are waiting.
BharatPremi
03-17 10:26 AM
Substitute labors for EB2 should not IMPACT the delay more than 3 to 6 months. The reason is total EB2 labor india cases approved with PD in 2004 itself is 3500(Straight out of DOL database, published on this forum last year). Some of these cases may have been substituted, worst case, lets say 100% of them applied to I-485. Now the number is 3 times that of 3500. that is 10500(including spouse and 1 child on average).
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
Another thing you need to consider is If anycase had a PD before sept 2004 and was filed for I-485 before July 2007. That must have got the approval unless there was a namecheck delay.
That should reduce the number to half., 5500(including dependent cases). This is my educated guess, Please dont pick on me. It wont help anybody.
Below are 3 categories left in 2004 as per my analysis....
1) the applications filed in or after july 2007 OR
2) applications had a PD after sept 2004
3) Namecheck delayed cases.
Your flow of logic is correct but you ar ebuilding this palace on soft land...:). Your "numbers" base is way way small... There are thousands of EB2 switch over occured and there are thousands and thousands of applications are waiting in EB2. If you add up thosands and thousands then you can reach million speedly.. right? Only July 2007 filing was around 500000. You just apply crude maths: 500000/3 (Categories) = So EB2 numbers are = 1,66,667.
Now divide 1,66,667/5 ( IN,CHina,MX, Philipines,ROW, assuming equal number of each country category applied during july though in reality max. applicants should have been from China and India) = 33333. That is just for July 2007. Now to scare you more let me tell you that there was number around during July 2007 in all immigration boards that around 500000 applications are stuck in the process including Name Check (No claim on accuracy of that number but pretty much bignames were talking about that number so generally you would trust that number.) So now start applying your logic andyou would realize the seriousness of the problem.
anindya1234
07-17 10:15 PM
Bump
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