slowwin
06-11 08:36 AM
Hi,
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
vis-a-vis immigration, the burden of proof is on us not on the USCIS, reputed attorney like murthy always suggest to keep copies of I-94s at each stage to show proof of maintenance of status.
Try to collate as much info as possible. Since you have such a long history (H1-B etc) at each step of extension or transfer you must have submitted copies of original H1 documents valid at that time and also passport copies too, go back to those attorney/(s) and request copies form their files. As far as I-20's are concerned you need to talk to your school to get copies.
Thanks,
slowwin
-------------------------------------------------------------------------------------------------------------------
DISCLAIMER: This not a legal advise. Please consult your attorney.
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reddyram
07-18 03:24 AM
That is to frighten you. US law : You can leave anytime. Indian law ? maybe they can take u to court and pin you down - but they have to serve u ...and u r in US
Leave man........
Leave man........
53885
05-12 03:35 AM
Sent 300 emails from AILA's website.
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psk79
10-15 01:33 PM
Now my last option is to apply for AP for my wife while she is in India.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
Can I apply for AP when she is in India?
I don't think so. While the form allows for someone to apply for anyone outside US, but I think that's only for emergency/temporary travel due to their inability to attend a visa interview.
more...
sravani
05-15 01:05 PM
Here's a rather strange and may be uncommon situation for someone I know who needs suggestions from gurus here...such huge PD movements do result in strange situations such as these :)
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
EB3 India Labor + I-140 certified with PD Feb 2003
EB2-140 pending at NSC hoping to port the EB3 PD date
So both cases are now current, which leads to a couple of options for AOS:
1. File based on approved EB3 (and risk a potential retrogression in future)
2. File based on pending EB2 140 before it is approved (and risk potential RFE, etc. and who knows if it would be too late to revert to the EB3)
The other option is to upgrade the EB2 140 to PP, but could you please list the relative merits of the above two options?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
gccovet
05-08 03:47 PM
Thank you senk1s & gccovet. Have added some Green's to both of you !
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
Good luck, I am in the same boat as you are. Hence was reading more on this topic.
Regards,
more...
haider420
06-12 07:54 AM
hello,
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
were u able to find more information on applying for H1B through non-profit? can you send me the links? thanks.
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Bpositive
01-02 01:59 AM
Happy New Year!
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
My new year begins with another immigration issue..need some urgent advice.
My wife went to the US Consulate in Chennai today for her first time H-1 stamping. She completed her Phd in Biology from the US and has been working for almost a year for a US biotech company. The consular officer has asked her to submit additional information -221(g); mostly about her job and the company. I can't understand it! Most of the information asked has already been submitted to the INS in reponse to a H-1 RFE.
My wife has an Advance Parole document and EAD based on my I-485 application.
Can you suggest options for her?
1. can she forget about the H-1, not respond to the 221(g) and travel back on advance parole and start working on EAD?
2. If after submission of 221(g) her visa gets rejected, can she still use the Advance Parole to travel to US and work on her EAD?
3. Any other options/advice?
more...
cheg
07-20 04:44 PM
Based on our experience, my husband's lawyer applied for I-140 premium processing and after it was approved we were able to file for an extension of 3 years since I-485 is still retrogressed and we got approved for that one as well.
My 6 yrs are getting over in Jan 2008.
1. Can I apply for H1 extension request for 3 yrs instead of EAD?
2. Or with EAD?
Excuse me but I am a novice here.
My 6 yrs are getting over in Jan 2008.
1. Can I apply for H1 extension request for 3 yrs instead of EAD?
2. Or with EAD?
Excuse me but I am a novice here.
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Rajganesh
11-13 11:14 AM
I concurrently filed 140/485 on July 1st. My case was moved to Texas and the receipt date was changed to August 28th on my 140/485. When can I can invoke the AC21? Is it 180 days from July 1st or 180 days from August 28.
Any response will be greatly appreciated.
Thanks,
Any response will be greatly appreciated.
Thanks,
more...
thepaew
02-08 10:35 AM
This shouldn't surprise you, should it? In the US too, some engineers make 50K and others make 200K. It depends both on prevailing standards and the individual's skills/luck/location. I do know people making ridiculous sums in India, but they are worth every cent to their employers.
It basically depends on how much value some people can add and how well they can negotiate.
I think the 3 to 4 lakh comment was meant for people "who could not get a job at Microsoft or IBM." I think that the author qualified his/her comments by stating "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."
Ok. So if I summarize, you guys are providing the following ranges:
22 Lakhs to 40 Lakhs
20 Lakhs to 35 Lakhs
12 Lakhs to 15 Lakhs
3 Lakhs to 4 Lakhs
That means, 3 Lakhs to 40 Lakhs. :)
Wow! what a huge difference
It basically depends on how much value some people can add and how well they can negotiate.
I think the 3 to 4 lakh comment was meant for people "who could not get a job at Microsoft or IBM." I think that the author qualified his/her comments by stating "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."
Ok. So if I summarize, you guys are providing the following ranges:
22 Lakhs to 40 Lakhs
20 Lakhs to 35 Lakhs
12 Lakhs to 15 Lakhs
3 Lakhs to 4 Lakhs
That means, 3 Lakhs to 40 Lakhs. :)
Wow! what a huge difference
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singhsa3
07-20 02:04 PM
Then why do they have two separate forms
It doesn't matter. You can file G-325 or G-325A.
It doesn't matter. You can file G-325 or G-325A.
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Chiwere
07-29 08:07 PM
Conchshell raised a valid point, but instead of seeking cooperation we should try to neutralize CHC - oppose any potential relief to illegals. It is about time we paid them back in the same coin.
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makemygc
07-18 02:16 PM
Atlanta PERM Center belongs to DOL not USCIS
My mistake. You don't need to bold it.
My mistake. You don't need to bold it.
more...
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estrela21
02-08 11:56 PM
Hello estrela,
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..
Thanks for posting your message. It seems that you are talking about immigration to USA based on marriage. This may not be the right place for advise regarding that issue.
This forum is dedicated to the plight of high-skilled employment based immigrants.
Please consult an immigration attorney to look into this matter because your question is unclear and you mention court issues and other legal issues. We do not want to give you incorrect advise regarding such crucial issue.
Best of luck
how i do it to take my question out here?? i am sorry..i didn't mean to cause any problem..
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shirish
03-26 11:32 AM
According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.
So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
more...
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ca_immigrant
07-25 08:12 PM
thanks akred !
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
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slc_ut
05-28 05:31 PM
I am planning to take visa appointment in Chennai consulate for my 8th year H-1B extension and my wife's H-4. When i checked the vfs website yesterday, dates were open for last week of Sep'2006. Today it is already showing only dates in Nov'2006 as open dates. Howcome Oct'2006 dates never showed up. Were the appointments finished that fast for Oct'2006 ? Any other members who observed this, please post your thoughts.
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raju123
05-16 12:53 PM
^^^^^ Bumping up
waitingnwaiting
01-25 09:51 PM
Can he add an amendment to divide spillover equally between EB2 and EB3 India. This will help a lot.
eager_immi
02-11 08:47 AM
They don't listen to anyone they are answerable to why would they listen to people with least amount if rights.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
The Judicial system is run by Bush and et al..they wont listen to soemone who they are not answerable to.
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