bskrishna
08-03 12:16 PM
what to you mean by 485 fingerprinting?
Is it just getting it done or any other issue relating to this...
Is it just getting it done or any other issue relating to this...
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mundram
04-20 12:03 PM
Recently, I was in the similar situation but with H4 dependents.
Here was the response from my lawyer:
"the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."
The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.
Here was the response from my lawyer:
"the I-94 card should reflect that date. What I would like them to do is go to their local port of entry (probably airport), to have the I-94 cards corrected. It does not need to be the same airport that they entered through."
The airport authorities easily updated the "until" date. However, they told me that the system recognizes the exit date based on the visa validity date. But safe to get it updated from your local airport.
franklin
06-21 12:27 AM
I think if PD remains current and continues to be current after october, then the I-485s are processed and approved as per the receipt date(RD). So your RD matters if everything continues to be current. If they retrogress, then I-485s are still processed as per I-485 RD, regardless of PD, but if the that PD is not current, then it it will be "placed in suspense" until such PD will become current.
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
This is my understanding too
I'm assuming that will happen. PDs will be retrogressed back sometime in sep/oct. And they will process all the current flood of applications. Not sure when they will get to June and beyond RDs(as per processing times they r still processing late 2006 RDs now). And after few months(say 6 months) they will move forward the PDs few months at a time.
The above is just my theory. I could be totally off, so don't come to any conclusions.
This is my understanding too
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ganguteli
02-07 04:30 PM
It all depends on the company you work for. A friend of mine told me recently that small /mid size companies in Delhi can pay 3 lakh -4 lakh per annum to a developer with 3-4 year experience from an average college.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
I guess a lot depends on where you graduate from, presentation skills and work experience. An NIIT or some small institute graduate cannot get as much as an IITian. However in USA even an NIITian can do well.
So it is all not that rosy that a lot think. Not everyone gets into Microsoft or IBM india. You have to compete with MS/PhD in computer science for the same job that needs BS in big companies due to high rate of competition and unemployment.
more...
r2i2009
09-22 05:01 PM
Well said guys.....I do not know why this thing hangs around me with me having EAD. EAD is just like GC with some restrictions. Why should I worry?
Keep running life as usual. Just think people at the back of you?
Keep running life as usual. Just think people at the back of you?
vallabhu
01-02 10:02 AM
Hi Guru's
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
My I140 filed in EB3 was denied yesterday for not having Mathematics as majors.
RFE was according to ETA 750 client accepts 3 years foreign degree please provide your transcripts to prove you have taken courses in maths, we though this was a simple query.
But I have Maths as major subject in my 3 year degree, we sent Letter signed by Registrar of Osmania University India on Math syllabus for my Degree and educational evaluation saying that Math is equivalent to maths in US Bachelors degree and also the transcripts with math highlighted.
But surprised to see this denial letter.
My attorney is confident that we would win the case if we appeal against the decision
what are my alternatives now and how long is it taking now to process this appeal.
more...
humdesi
12-07 10:37 PM
I've known a few EB-1's. The typical profile is a guy with a few years experience working in a desi outsourcing company in India. Their direct reports are a few freshers from colleges you've never heard of, some with 3 yr diplomas.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
After a year, they move here on L-1 visa and promptly apply for GC. In the US, their direct reports are other fresh H-1Bs or L-1s. They plan the whole thing just with an EB-1 in mind - and they get it too.
In the past EB-1 numbers have been unused and distributed to EB-2/EB-3. I don't see that happening in the future.
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satyasaich
06-12 10:29 AM
Severance package includes all benefits including health care. As per the law no can be paid full salary with deductions being made for Medicare and social security, if there is no valid status. My friends have gone through this stage in Big5, they can NOT cancel H1B until the last day of severance package validity.
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?
Also remember that by law, employer has to arrange a one way ticket to the departing employee (not to the family members) to his/her foreign country and show it in record that they made all arrangements to send away the employee so that there is no overstay or illegal stay after severance package.
I have seen this happening so many times
If employee choses a different option to stay legally, that's up to the employee
If an employer fires an employee and continues to give severance pay for a couple of months, do they usually cancel H1B immediately or wait for the period of severance pay before cancelling H1B?
more...
gcseeker2002
05-13 10:41 AM
Does anyone have access to this article :
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
http://www.diversityinc.com/members/login.cfm?hpage=21367.cfm&CFID=1754493&CFTOKEN=26728028
It looks like favoring us ....
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WillIWin?
08-13 02:09 PM
I dont agree with the laws passed, but here is the math to come up with the $600 million figure they are quoting.
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
# of possible H1Bs = 85k (65k + 20k)
Fees (additional) = $2000
Total Fees = $170 million ($2k x 85k)
The fee increase is for 4 years = (2010-2014)
GRAND Total = $680 million ($170 million x 4)
more...
anilsal
12-26 08:59 PM
Calling in few mins.
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waitnwatch
08-30 12:36 AM
Isnt recording conversations without the consent illegal? :confused:
I think that applies to telephone conversations only though I may be wrong. Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.
I think that applies to telephone conversations only though I may be wrong. Doesn't hurt to record conversation though - the most that will happen is that the lawyer will say that it is not admissible in a court of law.
more...
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hpandey
06-02 03:18 PM
You have a valid point but in worst case scenario, can i use the EAD and handle the RFE at the time of citizen ship... is the RFE during approval of GC or during citizen ship ?
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
You won't get an RFE during approval of GC since you are legally here all the time due to AOS but your wife will get it when you file for her GC since she would be out of status all this time.
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brawn81
11-25 03:32 PM
Good work, but small modification.
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
Just take out this phrase in the list
or increase them to rational levels such as 10%-15%
more...
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chrisj
01-17 07:26 PM
Even if the amount is just $4000, if he win the case you will have to pay his lawyer fee too. I would suggest you to resolve this by giving the actual reason. He cannot bind her to the job for 4 years.
You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.
You can talk and resolve. Most of the time if you pay back the filing fee, employers will be fine. no one want to go to court.
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cinqsit
10-07 08:32 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
Nope! this is just some mis-information floating around - the question in the perm application form was useful when perm came into existence and was specifically for people who had traditional recruitment cases (remember TR) or RIR for that matter rotting in backlog reduction centers and who wanted to "upgrade" to better faster perm labor process and keep the same priority date
more...
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pappu
04-25 11:23 AM
Could you please update your profile so that it helps people tracking cases on IV tracker.
Thanks
Thanks
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CADude
01-12 01:20 PM
This is illegal to send passport across country. Talk to Attorney. I will suggest for India trip, if required or notirized copy of passport.
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number30
03-28 07:54 PM
As per my tax preparer's advice, I sent both the tax return and W-7 form to IRS ITIN Operation office in Austin, Texas. Is this the correct address?
Call IRS. They help you very well.
Call IRS. They help you very well.
sanjay02
06-29 06:38 PM
Follow directions in your interview letter with list of things to take. Have all the originals and photocopies. If your case is straight forward , I dont think you need an attorney or else if you think you need an attorney find a local person in your area who can accompany you.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
I had an interview last Feb 2009, my case was pre-adjucated. My PD is 2005.
dazed378
03-28 02:47 PM
Thanks, snathan.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
Is not it strange that IRS processed the tax refund before completing the ITIN processing? They could not confirm the current status of my wife's ITIN processing, as they could not pull out any details about the W-7 based on the information provided by me. They only guessed that it might be still undergoing processing. I wonder if they misplaced the W-7 form or something like that :-(.
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