JunRN
01-10 05:31 PM
That's why I was saying that if he did work for more than 180 days for the employer, his GC is safe. If not, it can be rescinded if the employer appeal to the I-140 denial of the labor sub. and tries to prove that the original beneficiary is a "fraud".
It can happen to anyone. So to be on the safe side, work for the original petitioner for more than 180 days. If the petitioner is a GC factory, then both beneficiaries will suffer.
Yeah, it's good to know that AC21 works and that one labor is not used to produce many GCs.
It can happen to anyone. So to be on the safe side, work for the original petitioner for more than 180 days. If the petitioner is a GC factory, then both beneficiaries will suffer.
Yeah, it's good to know that AC21 works and that one labor is not used to produce many GCs.
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cdeneo
11-19 06:37 PM
Thanks so much for sharing this information - it is frustrating that one's career advancement can impact negatively one's GC application, especially if one has been waiting for 5+ years. I guess one can only carry on with one's career and hope for the best :).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
gc_on_demand
09-22 02:31 PM
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.
2011 Clair Bidez and 2010 Sports
dba9ioracle
09-18 11:12 AM
Many asked you about H1B employees...but I have a different question for you...
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
Do you place consultants (and they are not your employees) thru vendor to the client place ? Like just forwarding resume to vendor (not to client) and charge every hour say 5-20$ per hour as long as the consultant is on the project for just forwarding the resume ? I know many desi employers do so I wanted to ask you.
more...
Happyday
07-18 09:25 PM
Aren't the MODERATORS part of CORE Group?
Just a thought which came to my mind after seeing the video, whereby it is mentioned that the Post's realted to Finance been deleted by the Online Moderators in past.
I support IV and all it actions. Can any body clarify my query?
Just a thought which came to my mind after seeing the video, whereby it is mentioned that the Post's realted to Finance been deleted by the Online Moderators in past.
I support IV and all it actions. Can any body clarify my query?
tonyHK12
04-28 01:00 PM
I have created several documents and am working on a similar one as outlined below. But we need 50 people working on such items instead of one.
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
Yes I agree, with the number of active volunteers we have in all of IV, a single group should be sufficient. we could use the other group "Media" to store documentation/PDFs mostly.
I have gone thorugh the other doc before about legal immigration.
I refered to the way the illegal reporter obtained estimates. The income tax paid is about $1.24 Billion, ITEP conservatively estimates that 50 percent of unauthorized immigrants ! are paying income taxes
as for the rest, its based on population and assumes they pay sales tax & property tax in the first place:
"# Sales tax is automatic, so it is assumed that unauthorized residents would pay sales tax at similar rates to U.S. citizens and legal immigrants with similar income levels.
# Similar to sales tax, property taxes are hard to avoid, and unauthorized immigrants are assumed to pay the same property taxes as others with the same income level. ITEP assumes that most unauthorized immigrants are renters, and only calculates the taxes paid by renters."
With the elections coming around in 2012 and campaigns sure to start in 6 months, its valuable to create documentation describing legal employment based immigration. Illlegals will be discussed many times, and its our job to also take part in those debates & message boards, whetehr its CNN or a website from LA, etc
We have lots of ideas pouring into threads here but most are soon forgotten and not followed up on.
gc_peshwa has created a googlegroup to deal with participating on USCIS calls etc. We can add this agenda to that group to prevent creation of too many googlegroups and spreading ourselves thin. Alternatively we have a "Media" googlegroup as well which is dormant. That group could be used for this purpose.
Yes I agree, with the number of active volunteers we have in all of IV, a single group should be sufficient. we could use the other group "Media" to store documentation/PDFs mostly.
I have gone thorugh the other doc before about legal immigration.
I refered to the way the illegal reporter obtained estimates. The income tax paid is about $1.24 Billion, ITEP conservatively estimates that 50 percent of unauthorized immigrants ! are paying income taxes
as for the rest, its based on population and assumes they pay sales tax & property tax in the first place:
"# Sales tax is automatic, so it is assumed that unauthorized residents would pay sales tax at similar rates to U.S. citizens and legal immigrants with similar income levels.
# Similar to sales tax, property taxes are hard to avoid, and unauthorized immigrants are assumed to pay the same property taxes as others with the same income level. ITEP assumes that most unauthorized immigrants are renters, and only calculates the taxes paid by renters."
With the elections coming around in 2012 and campaigns sure to start in 6 months, its valuable to create documentation describing legal employment based immigration. Illlegals will be discussed many times, and its our job to also take part in those debates & message boards, whetehr its CNN or a website from LA, etc
more...
Administrator2
03-17 03:28 PM
^^^
Dear rxsimha,
Please start a new thread for your question.
Thanks,
Dear rxsimha,
Please start a new thread for your question.
Thanks,
2010 Clair Bidez and 2010 Sports
ScratchingHead
10-01 01:17 PM
I stopped traveling through countries that impose transit visa; Eventually, transit visa requirement will be lifted, if no one flies.
Great, Gave you a green. I too avoid these countries.
Great, Gave you a green. I too avoid these countries.
more...
kk_kk
10-14 05:29 PM
Consult a good Lawyer. I think there is some rule that you apply 485 for your spouse within 6 months of your 485 approval for her to join you.
HTH
HTH
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gcformeornot
02-28 09:30 PM
about your situation, but what I heard if you want to keep your H1b you need to find new job in 2-3 weeks.....
more...
sanju
04-04 01:48 PM
Some people are just getting married to US Citizens and getting green card. we are waiting for ever. my friend came here last year got married and have a greencard.
And did anybody stop you from marrying someone who is a US Citizen. Why complain about it?
And did anybody stop you from marrying someone who is a US Citizen. Why complain about it?
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Jai_MD
11-20 09:11 AM
how about anyone having
A. Masters Degree+3 Yrs US Experience+Permanent Job=Apply for GC
B. Bachelors Degree + 5 Yrs US Experience+Permanent Job=Apply for GC
Get Rid of this country limit.
Intel's CEO once rightly said that,US has to become mean as to who they want in this country, A person right off the boat(Asylee,GC-Lottery etc) OR a US trained and educated individual contributing directly to the economic system.
A. Masters Degree+3 Yrs US Experience+Permanent Job=Apply for GC
B. Bachelors Degree + 5 Yrs US Experience+Permanent Job=Apply for GC
Get Rid of this country limit.
Intel's CEO once rightly said that,US has to become mean as to who they want in this country, A person right off the boat(Asylee,GC-Lottery etc) OR a US trained and educated individual contributing directly to the economic system.
more...
house Clair Bidez - Sports
Soul
12-30 10:50 AM
:beam:
I don't think I'll be voting seen as I'm in the battle lol
- Soul :goatee:
I don't think I'll be voting seen as I'm in the battle lol
- Soul :goatee:
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psgprasad
03-28 02:08 PM
Dear Michigan Members,
This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin (Michigan) and members of Immigration voice namely
Gajendra Prasad
Stanley Samuel
Manoj kumar
We emphasized the following points
1. We are not talking about H1 increase.
2. Reverse Brain drain impacts.
3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
4. Delays in normal processing.
5. Impact of Backlogs on America competitiveness.
6. Impact of Backlogs on immigrations careers and their contribution to the industry.
7. Details of Presidents State of union Address for legal immigrants.
8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
9. Requests of immigration voice.
We quoted our personal life experience and the hindrances we encounter in our career growth.
I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.
He also suggested, to contact the media, which we are doing and also told,
he was also aware of immigration voice and its good doings.
He also told the Senator voted in favour of CIR 2006.
He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
I will be sending a Thank you letter soon to this Staff.
We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
1. Senator Debie Stabenow - Michigan.
2. Congress Man Mike Rogers - Michigan 8th District.
3. Congress Man Tim Walberg - Michigan 7th District.
Actions Items.
1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
2. Contact Michigan Public Radio for an interview on our issue.
3. Contact Lansing State Journal for an article on our issue.
4. Follow up on other Law makers.
Thanks
Gajendra Prasad Sankaranarayana
This mail is to update you guys on the outcome of meeting with Staff Assistant of Senator Carl Levin (Michigan) and members of Immigration voice namely
Gajendra Prasad
Stanley Samuel
Manoj kumar
We emphasized the following points
1. We are not talking about H1 increase.
2. Reverse Brain drain impacts.
3. Outsourcing economies gaining edge because of Americas poor legal immigration policies.
4. Delays in normal processing.
5. Impact of Backlogs on America competitiveness.
6. Impact of Backlogs on immigrations careers and their contribution to the industry.
7. Details of Presidents State of union Address for legal immigrants.
8. Statistical details which have shown immigration does not affect Americas growth but helps growth of America.
9. Requests of immigration voice.
We quoted our personal life experience and the hindrances we encounter in our career growth.
I have to say the points were observered with a positive note. and the staff said that these will be conveyed to the Senator.
He also suggested, to contact the media, which we are doing and also told,
he was also aware of immigration voice and its good doings.
He also told the Senator voted in favour of CIR 2006.
He suggested having a direct meeting with Senator would definetly help, as it would have a better impact, but he said that it would be easy to get an appointment of the Senator in DC. At this point, we have requested the immigration voice DC members whether they can have an meeting with the Senator and we can arrange the same with this staff member.
He also requested, if any of our member are meeting with the same Senator office staff in different location(Detroit, Grand Rapids,Escabana etc), please refer this staff name for continuity reasons.
Andy Hickner-Staff Assistant of Senator Carl Levin (Michigan) -Lansing office and this meeting.
I will be sending a Thank you letter soon to this Staff.
We are waiting on Appointment from the following office as we have already faxed the request for appointments, after our initial telephonic request.
1. Senator Debie Stabenow - Michigan.
2. Congress Man Mike Rogers - Michigan 8th District.
3. Congress Man Tim Walberg - Michigan 7th District.
Actions Items.
1. Update Michigan members on the meeting and Request them to refer to our discussion, if they meet the same senators office staff in any other offices.
2. Contact Michigan Public Radio for an interview on our issue.
3. Contact Lansing State Journal for an article on our issue.
4. Follow up on other Law makers.
Thanks
Gajendra Prasad Sankaranarayana
more...
pictures Clair Bidez Picture amp; Photo
lazycis
04-25 09:16 PM
ask lawyer to file MTR and resend response to RFE along with it. You should get a quick response (within 4-6 weeks). If MTR is denied, ask to file appeal, but sometimes it's better to change employer and start from scratch. Appeal can be a long process.
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suavesandeep
07-14 03:38 PM
As others mentioned, If you apply for J1.. Your husband wont be able to apply for 485 for you for SURE unless you are done with J1 Waiver. You may also potentially jeopardize your husbands 485 application because USCIS may find out that you(spouse) are on J1 even if he does not apply 485 for you. I am not sure about this point thou, You may want to confirm with a lawyer.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
As i see things the only safe BET is your husband applies for 485 for both of you only after you finish your J1 waiver. Again in this case if USCIS finds you have done J1 in the past, Your application could be potentially delayed because they may have to do additional checks to confirm J1 waiver etc. When it comes to USCIS IMHO its better to not give them reasons to delay your application if possible.
Since in your case as you have not started yet you are looking at 3 years of residency + lets say 3 year of J1 waiver
So for the next 6 years from the day you start residency you may not be eligible to apply for 485. And the way USCIS works where they suddenly open the window to apply, I dont think its a good idea.
I would say find a program which sponsors H1B strictly. We faced the same predicament 2/3 years back when my wife applied for residency. We strictly applied to H1B residency programs only and my wife got into one of them (She had very good USMLE scores(99/98) and some good recos/prev work exp).
Hope this helps.
I'm trying to secure a residency in one of the hospitals in the US and my husband is already has I140 approved for himself. Currently i'm in the US on H-4 status and want to apply for residency at one of the hospitals. The problem is, some hospitals only offer J-1 visa and i know there is some restrictions to J-1 visa, that i might have to serve in some under serve area for ? years.
I was thinking that i can sign the contract but by the time i'm done with my residency, my husband will already have his EAD or atleast GC and he wil aplly for me as well. WOuld this releive me of the responsibility to serve in an underserve area ot not? Thanks.
more...
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thomachan72
03-01 11:53 AM
Yes, you'll have to get it registered.
It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.
both mom and dad or one of them is OK?
Does the registrat allow such affidavits to be signed in his/her presence. What role do they have? Do they attest that the affidavit was prepared in his/her presence?
An notarized affidavit on Rs 100/- deed paper (or whatever you call that) is not OK?
It is not big deal. Just ask your parents to get in touch with a document writer (guys who'll be sitting in front of Registrar offices) and they'll do it for you. Your mom and dad may need to go and sign the docs in front of the registrar.
both mom and dad or one of them is OK?
Does the registrat allow such affidavits to be signed in his/her presence. What role do they have? Do they attest that the affidavit was prepared in his/her presence?
An notarized affidavit on Rs 100/- deed paper (or whatever you call that) is not OK?
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harrydr
07-13 10:33 PM
Can you explain in detail what your experience was and what did you get (H1 or J1)?
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ajcates
03-19 02:06 PM
Yeah there's nothing offensive about that. I mean, if we're being silly i find all the ones that use the colour black offensive. It's RACIST!
I voted for the serif one. Looks good!
You didn't offend anyone(well not me)� just provoked them, which I believe is a good thing.
I voted for the serif one. Looks good!
You didn't offend anyone(well not me)� just provoked them, which I believe is a good thing.
msyedy
01-26 10:35 AM
I think the contributions are only from those who visit this forum regularly on a day to day basis. I think there are just many people who might have just registered to get some updates but don't necessarily visit this or any other forum regularly.
A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.
Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.
Please stop this thread moderator. We are not here to judge how much money
a person has contributed. You are not forced to contribute, if you think by contributing it might help all of us, please do so.
Moderator close thread please
A lot of people I know get their updates from the web site of one of the law firms, but don't necessarily participate in this or any other forum. Otherwise, they just carry on with their lives hoping some law will pass some day.
Some of those to whom I have talked about contributing to IV have politely said they will take a look at it. Otherwise, I feel they have just been institutionalized in their current setup and lives. I don't think the message has really reached them that there is a need to participate and contribute in a organization like IV and try and make a difference.
Please stop this thread moderator. We are not here to judge how much money
a person has contributed. You are not forced to contribute, if you think by contributing it might help all of us, please do so.
Moderator close thread please
kaisersose
04-03 11:42 AM
I was hoping that AILA would ask questions on capturing unused visa numbers and EB visa usage per year from USCIS!
I dont think USCIS can make a decision on capturing unused visa numbers. It is a directive that has to come down someone higher up, the president maybe. So AILA cannot ask them that question.
About annual wastage of visa numbers, since Ron Gotcher bought this news out, it must have already been discussed in an earlier [but recent] meeting or perhaps Ron has his own channel.
I dont think USCIS can make a decision on capturing unused visa numbers. It is a directive that has to come down someone higher up, the president maybe. So AILA cannot ask them that question.
About annual wastage of visa numbers, since Ron Gotcher bought this news out, it must have already been discussed in an earlier [but recent] meeting or perhaps Ron has his own channel.
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