gc28262
04-01 10:54 PM
Regarding your H1B status, please read the following newsletter from murthy.com
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
Effect of Travel While in H1B / L-1 Status and Pending I-485 (http://www.murthy.com/news/n_efftrv.html)
Traveling on AP doesn't necessarily switch you out of H1B. If you are working for the same employer after entering on AP, you can still extend your H1 and continue to be on H1 status.
Based on my limited understanding, your lawyer is wrong when he says "3 year degree issue is mostly with PERM applications and not with others". 3 year degree issue comes up during I-140 stage. Nowadays USCIS has a strict requirement that the degree should be a "single source" 4 year degree for EB2 applications.
As for the successful outcome of trying to downgrade your application to EB3, your labor certification should be flexible enough to allow your application to be downgraded to EB3.
IMO it is better to get a second opinion/consultation with a reputed lawyer. If I were you I wouldn't trust your current lawyer.
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Maverick1
11-16 01:45 PM
Let me restate to make sure I understood your question right :
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Are you currently working as described in "A" and going to join a job as described in "B" ?
They don't look similar to me. If your LC was files verbatim as described in "A" and the new job description from your new employer is going to be as described in "B" you will have an issue.
As always the standard disclaimer : Take a legal advise. But it appears even to a lay man that they are not same/similar as described by you.
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
21stIcon
09-21 10:51 PM
You will get tax deduction for interest you paid to lender. no matter what deduction you get at end of the year you end of loosing 60-70% of interest which would be more than you pay for rent.
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485Mbe4001
11-17 12:12 PM
if EB reform is discussed as a part of CIR in 2007, i am sure it will be 2008 by the time they start implementing it and 2009 by the time you will see any tangible benefits from it. CIR is not something that will be discussed and approved in a month. After CIR is approved (thats big if) it will take a few months for CIS to come up with the guidelines and prepare itself to handle the increased work load. Look for substantial delays.
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.
Thanks
IMO, Our best hope is if EB relief is picked up earlier and approved on its own before they talk about CIR.
Do you agree with this statement
If Employment Based Immigration Reform happens, it will happen in Calander year 2007. This reform could be in any form CIR or SKIL. If there is no reform by January 2008 its not gonna happen.
Thanks
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gimmemygreen
12-19 10:10 AM
This is Pat B 's broken record. He has lost all his credibility during all these years of immigrant bashing. He can write as many of them but other than red necks, no one is impressed. He is 71 years old and in couple years he will be gone. Old age brings some mental issues with it.
ss777
12-01 07:35 PM
It sometimes take longer than few days. During my years of getting AP's every year there are times I had my AP in hand within 3 days to almost 20 days. I am confident you will get your AP document much before the end of the month. Good luck with your travel plans.
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gulute
03-16 06:31 PM
why is it denied?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
Hi,
My wife's H4 visa got denied and her I94 got expired. Can she stay for 30 days if so will she be having any problem while coming back with valid status?
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ChainReaction
05-04 09:11 AM
I just sent webfaxes to senators from PA , NY & NJ, with my old address for NY and NJ . I did used the letter on this thread since it covers our issues in a nice layout, with some alteration to it.:)
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goan2005
05-31 09:27 AM
I really feel good about this. The IV' core teams todays message really touched my heart.
Even if i loose, i like to loose "winner" and dont like to loose a "looser".
Keep fighting.
Even if i loose, i like to loose "winner" and dont like to loose a "looser".
Keep fighting.
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njboy
10-02 03:11 PM
if u feel company is in bad shape, then file perm through another employer..stay with this company in the meantime till ur h1 expires and file an appeal for the 140..if appeal fails..u'll have an approved labor by then with the other employer and u can jump to his company..
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franklin
07-21 06:42 PM
OR change your birth country to England :)
Sorry that won't help :)
Sorry that won't help :)
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BimmerFAn
06-23 12:58 PM
Yeah I saw on the Visa Bulletin that EB3 is really backed up. Kind of upsetting because I am sure that not too many people from my country are working in my field.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
Regardless, my position is that of a Financial Services Auditor. The position requirements state that a Master's degree is preferred but a Bachelor's is acceptable if one meets the credit hour requirements to sit for the CPA exam (150 hours).
I heard that EB2 category placement depends on the position requirements not on my actual degree, which is a BS in Accounting and Finance (Double Major, exceeding 150 credit hours). Using that information is there any way that I could be placed in EB2? I got the job with a lesser degree because I was able to demonstrate exceptional ability.
As far as the bonus thing goes, I was trying to address the "renumeration" requirement for EB2. My company is one of the top in the field globally. I reason that if one receives bonuses for being one of the top performers in that company then it should be "exceptional ability."
Lastly I would meet the Professional licensing - CPA/CFA - and professional organization membership - AICPA and other State orgs.
I would speak to my company attorney about this, but I want to get the facts straight. I can see that to save myself a headache I might as well get married to a US citizen.
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pani_6
11-23 03:53 PM
I need to transfer money every month to my mother in india as a monthly automated transaction. ..she has a account in Canara bank ..what is the easiest rather cheapest rather free way to send from the US..
any help is appreciated..
thanks
:)
any help is appreciated..
thanks
:)
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krishnam70
08-16 01:04 PM
Most IO in India are not aware of "AP"...They ask if you have a GC , H1B ,F1 or tourist visa. Here's what we and our friends have done and it works..
Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...
They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.
I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)
Make a copy of AP and highlight the sentence where it mentions that "this person is allowed to travel....blah blah...". Paper clip the original AP along with it . The IO will cautiosly compare the original to the duplicate.And tell them that you are in the Final stage of GC process...
They have only few mins to look over all your docs...(PP, AP,EAD..Etc...so you might as well help them by highlighting what exactly he needs to see.
I guess its pure dumb luck or anything but did not have issues anywhere and i have used different routes, europe, middle east and even south east asia to travel and never once did anybody question AP. I guess the officers in india were trying to make a buck or two ( pun intended)
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joshraj
10-03 11:54 AM
Filed: July 27
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Center: Neb
RD: Not Yet
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
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lagsam
04-10 11:20 PM
Hi I am planning for self filing EAD. I want to do e-file, but I heard that that if you are e-filing you need to go for finger printing. At the same time I also heard that no matter whether you go for e-filing or sending application to USCIS, if your finger printing is expired than you may need to go for the finger printing. Please suggest the best way to file for the EAD(I-765 form).
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
Als one more thing "Which USCIS Office?" section which date I need to put there.
I sent mine on April 5th and I sent it to the filing address in Arizona because I live in Colorado. Please check the new filing address. Good luck.
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factoryman
03-15 11:30 AM
through whom I filed my first year taxes in US, that you don't need to declare if your mail-in rebates, apartment referals don't cross USD 1600. I haven't read anything that this has changed.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
Note: Once I got USD 400 for an apartment referal and I split it 50/50 with the friend.
I hope someone out there in a similar situation can help me out.
I have given my real estate agent several referrals and for each I receive a cash amount. I'm on an H1B visa, am I able to receive income from someone other than my employer?
I've searched the web and have been able to find out that this should be reported as taxable income, I'm just not sure if I can receive it due to my immigration status.
Any comments or tips are welcome.
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learning01
05-24 03:04 PM
I wrote to a lot of anchors, newsmen. Got 2 replies. One was from Bloomberg, the financial TV channel. I co-ordinated with IV media team and they took it from there and a nice story came two weeks ago, as you can see from a link at 'IV in News' or here (http://www.immigrationvoice.org/index.php?option=com_weblinks&task=view&catid=19&id=52)
sertasheep,
I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.
I had two conditions that the reporter agreed to:
1) He would not use my employer's name, and
2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.
He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.
Let me know if I can be of further help.
Good luck,
Salil
sertasheep,
I had emailed 4-5 different reporters (Oklahoma City, Tulsa, Dallas, Houston) who had recently published articles on immigration. The reporter from Tulsa emailed me back the same day (within a few hours) saying that he is interested in the "legal immigration" angle and would like to pursue it if I was willing to be interviewed and be photographed. I set up a time and place for the interview and the photo.
I had two conditions that the reporter agreed to:
1) He would not use my employer's name, and
2) After he finalizes his story, he would read back all my quotes to me to ensure no misquotations.
He graciously complied with both my requests. I was surprised to see front page coverage. I sent a Thank you email to the reporter after the article was published. He told me that various people (legal immigrants) from the Tulsa area had contacted him after reading the article and wanted to know more about Immigration Voice.
Let me know if I can be of further help.
Good luck,
Salil
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casinoroyale
03-10 12:23 AM
I don't understand in what cases consulate holds a person's passport. What if the applicant wants to return back home country instead of waiting in Canada?
hariswaminathan
01-10 04:46 PM
I prefer your theory to Infopass officer. Sincerely hope you are right because Name check is not where i want to be stuck in.
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
So, this would mean anyone stuck in name check should never receive FP--correct? I don't think that's the case...i know of a lot of people who get FP notices every 15 (or is it 18?) months or so and are stuck in name checks forever.
The two processes Name check & FP are parallel, not sequential.
I have myself not rcvd FP - July 2nd filer NSC-CSC-NSC transfer victim :-). My way of looking at things is that CSC transferred I-485 to NSC in late September. So my I-485 is queued after an August 17th filer. August 17th filers have rcvd their FPs recently (Bay Area, CA), so it should not be that far away. (BTW, I am not dying to get FP done, i just want to shorten my stay-alert-for-FP window and get it over with it)
USCIS works in strange ways...i may be using logic that's beyond their IQ :)
Take it easy...
freedom_fighter
01-14 01:13 PM
she had sep 2004 eb2.
i've changed my pd date to avoid confusion. USCIS is going by the queue, so dont worry..
i've changed my pd date to avoid confusion. USCIS is going by the queue, so dont worry..
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