amitjoey
08-05 01:10 PM
The requirements of the job dictates whether or not you can qualify for EB2. So if you have a PHD or Post doctoral research, will not matter if the job you are doing only requires a Bachelors degree holder with minimal experience.
On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.
On the other hand if the job requires that you have Bachelors with atleast 5 years of experience you could. Also, you have to pass the market labor test. So, the job has to be for skills that are in demand for which there is no US citizen available.
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laksmi
01-07 04:02 PM
http://immigrationvoice.org/forum/showthread.php?t=14154
jnraajan
04-17 02:12 PM
Hi All,
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
Who gave you a red dot for the very first post here?
I am an aspiring US immigrant, and currently work with a desi-like employer who has not been paying me for last 3 months. I have resigned and started working at a new employer, using portability options. I will also contact DOL and report this to get my money back, however, DOL may not be able to recover it if the employer files for bankruptcy. I donot care much about money now, as its not too much and my new job increment covers it.
Here are my questions
1) Is there a way i can report this misdoing to USCIS directly. Is there any phone number/contact info to report frauds on I-140s and I-485s as he is holding some employees hostage (not allowing them to move out because of this situation where your money is stuck and so is your immigration).
2) What else should i do to make this injustice visible? I will work with DOl and get my money back.
3) I am thinking of reporting this directly to the I-140 processing centers. Is this is a good idea?
PK
Who gave you a red dot for the very first post here?
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Ann Ruben
02-23 04:44 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
more...
jai_immigration
04-30 03:51 PM
I have done interfiling myself with PD of March 2000, no luck yet. Interfile is a matter of luck, there is no guarantee that the letter you send will reach your file. Also USCIS does not give any confirmation that received your interfile and will transfer the PD. All depends on when they process your case and see your interfile, they may take action.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
I had sent my interfile January sent by Fax and also by Fedex, followed up with a phone call numerous times. Not discouraging, but wanted to share my experience.
nath.exists
04-09 11:01 AM
short clip Telecasting in desi channels will be a good idea. as i know lot of indians watch desi channels.I still know many in my relatives who are suffering from green card retrogression but are ignorant of immigrationvoice.org and core team.all of them have desi channels through dish. we can telecast a short 10 second add in these channels and also telecast in u.s. channels to get widespread desi support and also all other green card retrogression victims support.by telecasting in these channels many ppl back in india will also know about the problems we indians are facing in u.s.a due to gc retro.we have to use popular media like t.v and internet as much as possible to get fellow victims and would-be victims know about us.yesterday i have posted in various communities like 'indians in america','hyderbadi's abroad' in orkut.com about immigrationvoice.org.similarly we can target many social networking sites,rediff.com,yahoo.com and other websites.chain mails like forwarding the plight of gc victims to all other friends and so on...and sending offline messsages through yahoo messenger etc .what say ???
more...
GCard_Dream
09-15 04:31 PM
I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs.
Why do you think most of the minorities vote for democrats? One of the reason, amongst various others, is that people think of democrats as pro-immigration party. In fact that's one of the reason I like dems.
Because of this 9/11 case, everyone is kind of worried about the security and it makes sense. Americans want to get a handle on who is coming in and who is going out and I can't and won't argue against that. Everyone wants to live without the fear of terrorism and that's understandable.
To make long story short, there are plenty of people who will vote based on what the candidate's standing is on the immigration. In fact, that's precisely the reason house didn't bring up the immi bill this year because they didn't want to have their candidates vote one way or the other on the immigration issue and have to explain that to voters in couple of months.
Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.
Why do you think most of the minorities vote for democrats? One of the reason, amongst various others, is that people think of democrats as pro-immigration party. In fact that's one of the reason I like dems.
Because of this 9/11 case, everyone is kind of worried about the security and it makes sense. Americans want to get a handle on who is coming in and who is going out and I can't and won't argue against that. Everyone wants to live without the fear of terrorism and that's understandable.
To make long story short, there are plenty of people who will vote based on what the candidate's standing is on the immigration. In fact, that's precisely the reason house didn't bring up the immi bill this year because they didn't want to have their candidates vote one way or the other on the immigration issue and have to explain that to voters in couple of months.
Everybody knows about legals and illegals. Will it gain any grounds for them to get big vote this november is important. The SKIL bill or any legal provisions in the CIR will not fetch even a single vote for them. In fact it MAY reduce the vote from anti immigrant groups if they add anything for legals.
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blondhenge
05-22 09:25 AM
I am new here and I have few questions to IV core members.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
Did we consider any other avenues find out is there any way out to influence DOS visa availability.
How did Nurses was able to accomodate their visa numbers without any bills are ammendments ( I know there is lot of demand for nurses)
you guys are doing a great job lobbying congressmen, but I think we should also consider finding out how current law if implemented properly can reduce the backlog and reduce retrogression.
for example we should make sure 245i case should not effect our visa numbers, I belive we can work these hurdles while we wait for current immigration debate to complete.
I called several senators last week and discussed with their immigration specialist, I got a feeling this debate is more about illegal aliens and about hispanic votes not many of them are considering legal aliens and issues.
The visas for nurses and schedule A was the result of a bill passed around May 2005 which recaptured unsued visa numbers and gave them only to schedule a.
more...
sgupta33
03-20 03:23 PM
Hello All,
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
I am planning on using AC21 to port to a new job. Is it possible for my employer to revoke the I-140 after the 180 days have elapsed?
Thanks.
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kondur_007
03-29 09:12 PM
Thanks you very much for the reply.I appreciate.
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
Yes, Thats perfectly right.
Extension with Employer A is pending, reason is Security CheckThats what i was told and can't be done any thing untill they get back).
Yeah I am planning to go to India and try to get stamped there. But am just wondering that as the Extension with Employer A is in security check so does this cause any issues/delay in giving Visa in india.
I personally think (I am not a lawyer), the delay with your current employer's (employer A) petition for extension is very likely to be "employer" (who is probably under review) rather than "you". (the reason I believe that is the fact that they approved your H1b with another employer; so if it is security check on "you", that would not have happened.).
So if my assumption is correct, you should not have any trouble in getting visa stamped for "employer B" (new employer, with new H1b approval that you have - the one that came without I94),
Good Luck. (If at all possible, do one consultation with a competent attorney who can review all the facts, trust me, your money will be worth)
more...
anilsal
10-12 12:52 AM
If you apply too early, then if you get approved early, you lose out on overlapping days.
If you apply and the EAD does not come in time, then you are off the payroll until the thing actually comes.
Interim EAD is the immediate solution to this.
If you apply and the EAD does not come in time, then you are off the payroll until the thing actually comes.
Interim EAD is the immediate solution to this.
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frostrated
09-14 04:23 PM
frostrated, this exactly contradicts your take on this issue. I understand your family has gone to india without ap in hand and have come back with AP (approval after leaving US). My question is how safe it is to do this.
Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
If you have no option for getting a visa, then I would not travel without the travel doc.
Is it safe? Absolutely not. If your AP is denied, then there is no way of coming back. You would have travelled without a travel document to return with, and there is no way of applying for one from outside the country. In effect, you would have abandoned your application.
In our case, we were pretty sure that we would be issued the travel doc, and we also had a backup plan, where we could still get a visa to return. The travel doc was mainly used to remove the uncertainity of a visa issuance.
If you have no option for getting a visa, then I would not travel without the travel doc.
more...
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delhikadesi
07-17 12:33 AM
By writing about H1b (rather myself) I think I just got carried away with my emotions...but I did not edit it...atleast my emotions are better then their myths...
Here is what I posted in their comments section.
............
I am SHOCKED to see the H1B facts posted on your website!!!.
Please get your facts right before quoting something out for public to read an interpret.
Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.
Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.
If knowledge was a threat then mankind would not have evolved to this stage today.
Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.
Thanks
Here is what I posted in their comments section.
............
I am SHOCKED to see the H1B facts posted on your website!!!.
Please get your facts right before quoting something out for public to read an interpret.
Any misinformation regrading already sensitive issues in totally inappropriate and unjustified.
Lawful non-immigrants are already facing lots of misrepresentation, you and people who may believe in your news should understand that any H1B is not a threat...infact any competition is not a threat.
If knowledge was a threat then mankind would not have evolved to this stage today.
Hope that you will agree by my thoughts and in case of any concerns, revert your questions to my email.
Thanks
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hanu0913
10-08 11:03 AM
You'd have to wait for PD to become current to add spouse.
Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
Furthermore, if you get married before I-485 is approved, spouse may be added once PD becomes current, even though by then you have your GC.
can you please make sure that some one can add spouse once the PD is current after the GC got approved and if some one is married before I-485 approval
more...
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Libra
09-26 12:17 PM
No, I got my EAD approved and still waiting on I-140 approval from NSC.
I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?
I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?
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chunky
07-26 03:12 PM
Her project is ending and her emplyer told that there is no more project.
Can one stay in US in AOS pendings tage
Can one stay in US in AOS pendings tage
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eb3India
05-21 10:26 PM
oh well,
we got a bigger fish to fry, I am sure those who might be using labour subs are legals here at one point and they do have a job,
we are not going to gain much by these ammendments,
I am just curious how much authority does USCIS and DOS have to alter our situation.
I am still waiting for response from IV core members
we got a bigger fish to fry, I am sure those who might be using labour subs are legals here at one point and they do have a job,
we are not going to gain much by these ammendments,
I am just curious how much authority does USCIS and DOS have to alter our situation.
I am still waiting for response from IV core members
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willgetgc2005
05-24 05:20 PM
Jay / Logic life /others,
Does this practically mean none of Sen Brownback/Cornyn amendments we wanted are in the Senate at this time ?
-----------------------------------------------------
Mercies,
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
Does this practically mean none of Sen Brownback/Cornyn amendments we wanted are in the Senate at this time ?
-----------------------------------------------------
Mercies,
This is a house member. They will speak a lot of things. Plus, there is 435 of them. In the course of debate a lot of opinions will come across. I dont know if this guy from Indiana is on the conference, but the only person that really matters from the house side is Sensenbrenner. He will be on the conference. And all the provisions that are friendly to illegals will be thrown out of the bill during conference.
Frankly, the amendments like orange card amendment of Feinstein was a waste of time. First of all it didnt even pass the senate, but had it been passed, provisions like Orange card would be something that Sensenbrenner would ask the Senators to leave it outside the door before walking to the table in conf committee.
Cool down yaar. Let's wait for tommorow to see and hope that Frist and Reid dont start another pillow fight over the number of amendments.
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gcisadawg
04-07 05:08 PM
I did extended for my in-laws when they entered last time to US. When they entered next time they entered without any issues.
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
A quick question. Did you extend after the initial 6 month period? I had a friend who extended the original 3 months and received another 3 months.
rgds,
g
hary536
05-18 07:41 PM
Hi,
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
saro28
09-09 08:43 PM
Do you think the birth certificate from Indian consulate ( here in US) are acceptable?
Did you try that option?
Did you try that option?
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