asiandude2
05-17 10:12 PM
Ammendment 4005 to CIR by Cornyn under the SKIL ACT states that:
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
(b) LABOR CERTIFICATIONS.--Section 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is amended--
(1) by striking ``or'' at the end of subclause (I);
(2) by striking the period at the end of sub- clause (II) and inserting ``; or''; and
(3) by adding at the end the following:
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
We already know that following people are exempt from obtaining Labor Certifications for Green Card Processing:
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts.
If this Cornyn amendment passes does it mean that people with "a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.'' will also be exempt from obtaining LC for Green card processing.
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pezz77
05-24 09:09 AM
I thought this would be the most appropriate place to post.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
I am on my 3rd year of H1-B (non-technical field), just moved to a new company and was going to start my process toward getting a gc in the next month or so. Now, with all of this, I am very confused.
Do you folks think that it is most appropriate to sit tight and wait to see what happens? or to just go for it now?
I'd appreciate your input, as I have to make a decision soon.
jonty_11
07-26 02:08 PM
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gps001
12-26 04:25 PM
Thanks for your response. Only NLSUBBU has had some experience. I have seen his messages in some other queries too. But more often, I have seen that people suggest that its better to get a H1-B stamped, just to make sure that you don' t need to renew your AP every year.
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
The expense is about the same, as you need to renew AP every year and H1 only once in 3 years.
Thanks again.
I think when you renew the H1B with the same employer. You are back to H1B status from Parolee status. SO I guess you can do a H1B extension with a different company later...just my thoughts
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mallikonnet
07-06 10:41 AM
Jayant,
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
Thanks. I will have to return to China because my husband is chinese. If he can not stay here, he would like to go back there and so do I.
Once again thanks for the advice. Let me rephrase my question:
(a) At this point can I file for PERM processing (five months left on H1)?
(b) Case I : If labour does not get cleared within next five months,can I apply for H1 B extension?
(c) Case II : If labour gets cleared within next five months, can I apply for H1B extension?
At this point, I am loooking for extension of one year. Is there any way I can do this?
Thanks a lot again,
Savitri Bhave
hi you waited too long to file PERM. To apply for PERM lawyer need considerable time for advertising and other stuff. I would recommend to meet a lawyer since 5 months is too short for both advertising and filing. if your PERM pending more than 365 days then you will be able to extend H1B visa. Even if you were able to file PERM there is no premium I-140 right now
Another option is to go back to china for 1 year and then coming back again on another 6 year H1B visa term(3 years at a time)
best thing is to consult your company lawyer
goodluck
lunar
07-21 11:43 AM
I Agree it is better not to take risk. But why is this an issue after 3 years of working from home. Next question is If I ask my lawyer not to renew my H1B and only work on EAD does DOL have an issue ? is that risk worth taking. Moving my family entirely for this reason is not a good option.
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zephyrr
03-20 11:56 PM
Question 11. When is an I-140 no longer valid for porting purposes?
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
Answer: An I-140 is no longer valid for porting purposes when:
A. an I-140 is withdrawn before the alien’s I-485 has been pending 180
B. an I-140 is denied or revoked at any time except when it is revoked based on a withdrawal
that was submitted after an I-485 has been pending for 180 days.
I pulled this from the Aytes memo:http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
Unless I'm not construing the above correctly, a withdrawl after 180 days has no impact. The only thing that would be a 'death-knell' is if an RFE is issued which the employer does not respond to.
withdrawl in that case would be death-knell to your AOS case..
there is theoretical opening for "approvable" 140 cases in yates memo, but it's more theory than practice, in the world wher USCIS is revoking approved 140s , one can't depend on such a slim glimmer of hope..
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usdreams
05-25 02:01 PM
Hi kzinjuwadia,
Thank you for your reply, made me relaxed, hopefully, things will go smooth and without any RFE on my side, already had so many problems with my wife's case and hopefully, we will get her GC very soon thru the court (She was out of status on H4 and I-485 denied and she was put in deportation proceedings and we got retroactive H4 NPT Approval and filed the I-485 in the court and hopefully will get her GC soon since my PD is current).
Thanks Again.
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
Thank you for your reply, made me relaxed, hopefully, things will go smooth and without any RFE on my side, already had so many problems with my wife's case and hopefully, we will get her GC very soon thru the court (She was out of status on H4 and I-485 denied and she was put in deportation proceedings and we got retroactive H4 NPT Approval and filed the I-485 in the court and hopefully will get her GC soon since my PD is current).
Thanks Again.
I don't think infopass does any harm to you. it may give more info ahead of time. I had infopass on may 12 as one of my friends with later PD got the approval email. the IO told me the case is approved and approvals are mailed already. got the GC next day :) This is my experience. I don't know if anyone had a bad experience at infopass or something that caused additional problem for their case. I think your's is a genuine case as your PD is current and it's almost month end and many with PD after you are already approved.
more...
H1B-GC
06-25 09:54 AM
This is not correct.
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
Managing the business comes under employment authorization whether or not salary is drawn by the owner.
_________________
Not a legal advice.
D...3933,
A Different question. Do we need to file FBAR if anyone has more than 10K USD in foreign accounts?
Below are the links that might be of interest. a discussion is going on i other immigration forum.
FAQs Regarding Report of Foreign Bank and Financial Accounts (FBAR) - Filing Requirements (http://www.irs.gov/businesses/small/article/0,,id=210244,00.html)
US Taxes on NRE accounts in India (http://www.r2iclubforums.com/forums/showthread.php/12601-US-Taxes-on-NRE-accounts-in-India)
Thanks for your thoughts on this!!
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sammyb
10-19 04:54 PM
if you want to pay $100, it is easy. lesser amount is very difficult. I went through pain of using my banks online bill pay. It took me an hour to set it up. And couple of days back I received an email saying the bill has been returned - probably because it is more than 90 days!
I lost valuable time , IV lost some donation.
I am not sure why paying less than $100 has been made so difficult.
if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...
I lost valuable time , IV lost some donation.
I am not sure why paying less than $100 has been made so difficult.
if you ask me I would feel comfortable to contribute a varying amount of donation every month ... at present we have pre-determined donation option ... which I feel sometime deter people from contributing ... unless we have some issue from the service providers, can go for a user entered donation option along with the existing pre-determined options ...
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immi_enthu
12-28 09:39 AM
Which world are u? These dates are there online for more than 2 weeks now.
They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?
Look for the first news item posted today at : http://www.immigration-law.com/Canada.html
They were NOT. They just put DEC 14 as the post date but they were NOT available online until yesterday. Now where were you buddy ?
Look for the first news item posted today at : http://www.immigration-law.com/Canada.html
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apb
08-17 03:25 PM
My friend 485 has been filed on 12th - to nebraska service center, but he mistakenly sent his ead & ap on 15th to Texus Service Center in Dullas.(Did not receive the receipt notice for 485)
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.
Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.
In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.
If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.
Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.
I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.
There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.
And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.
Please let me know his options!
1) Do they reject his applications in TSC?.
2) If he file another set in Nebraska Service Center is ok?
?
EAD/AP would be rejected if the receipting in TEXAS was attempted before 485 data is in the system.
If NEB has entered the data for 485 by the time Texas gets to his EAD/AP there could be a chance where his EAD/AP might be accepted.
But you can always apply again though with new fees.
Of course from seeing your postings above I know that your friend has spoken to lawyer and you also did a great thing by trying to help your friend however possible.
In this forum people who come here have their own problems with GC process. No body is here except for Aman and maybe priti..something. who I know has GC in this forum and are actively discussing issues.
If I were to repeatedly BUMP my friends concern in this forum, particularly when people are trying to info on rally, RN, FP notices I am sure you would irritated too. But at the same time if I had BUMPED with a personal request that affects directly myself I might get some good response, from people who empathize my situation.
Though I am relatively new here I know there were no postings where people had requested on problems which they were personally facing and they got no response.
I am sure you would be joining for the rally and now that your friend knows that this forum exists it would be great if you could also motivate him to come. Of course there would be challenges and that is life.. but what is life without challenges. Once you help him to make a decision to come to rally everything will fall in place.
There is also a posting from abhijitp partnering with other members to join the rally. Please go through it.
And finally if your friend joins here personally he can also contribute to other peoples concern, he can see first hand what IV is and maybe if willing he can contribute financially also which would help all of us.
Isn't that you want to happen to IV and your friend who would be a future IV-ite (us) and get impacted in a good way.
more...
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REEF�
06-06 06:10 PM
Oh I see it :). Evil is over it and too much grass covers it up.
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sixburgh
08-13 12:25 PM
Did she get Paystub, If not you are good.
I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.
USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.
She did work and yes she got paystub's.
Oh boy.
I am deeply worried now.
What is the corrective action for this?
I don't think she can have both H4 & EAD. But once she started working on EAD and got paystub....Paid taxes etc.....I'm sure her status will be EAD and no H4 furthur...By any chance if USCIS got hold of it. Might cause problem for her 485 approval.
USCIS gives whatever we ask for. We should be careful and take advise from Attorneys. Not one 2-3 Attorneys as some of the attorneys have limit knowledge. Best suggestions your Employer if he has good knowledge.....As they might have seen lot of cases for their employers.
She did work and yes she got paystub's.
Oh boy.
I am deeply worried now.
What is the corrective action for this?
more...
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nixstor
11-14 02:22 PM
Got notification from lawyer that my RIR for LC got rejected. It is pending in Phily BEC with a PD of Oct 2003.
What does this mean? Kiss my LC good bye? Please explian
Did your lawyer tell you why it got rejected? If not,ask him for more info.
What does this mean? Kiss my LC good bye? Please explian
Did your lawyer tell you why it got rejected? If not,ask him for more info.
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shirish
08-30 11:52 AM
How do you call USCIS? I mean what options did you select to talk to some one. Looks like their options are changed.
I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.
I called USCIS today and they said they are using the receipt date on I797 and not on the website. Yes that is right on website they show ND and say receipt date..its all messed up, but as per totay's call, it seems 797 RD is what they are using.
more...
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capriol
07-06 02:16 AM
Dear Folks:
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.
I will be returning from India soon by KLM (via the Delhi-Amsterdam-U.S route), with an AP, 485 pending receipt, an H1B status BUT with an expired H1B visa on your passport? Given that I have these documents, I have decided not to get my H1B visa re-stamped in India. But now, I am getting a little panicked as the time is nearing for the following reasons (and these related questions). Will you please answer them for me:
(1) If I have the AP documents, the 485 pending receipt, and my HIB paperwork with me (but not the H1B visa stamped in my passport), will I be able to re-enter the U.S? Will there be any problems at the port of entry?
(2) At Delhi and at Amsterdam, will the immigraiton folks give me trouble if they see an expired HIB visa on my passport? Can they refuse to let me board the plane? Have any of you traveling via Delhi and Amstredam experienced any problems from the immigration folks?
Please share your experiences. Thanks a lot.
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guru76
11-27 12:42 AM
I recently used the AP to enter the US. There were no issues in the US. However, the immigration official in India had some confusion trying to understand the AP. I had to show him a letter that my company's lawyer had given me listing the details of the AP and that I could use it for entering the US.
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TomPlate
02-03 05:04 PM
Can you please let me know anyone. I had this doubt because one of my friend is saying,
During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
Even if you do not use EAD and in H1.
PLEASE LET ME KNOW:confused:
During PORT OF ENTRY AP can only be used with EAD. Expired EAD will be an issue here.
Even if you do not use EAD and in H1.
PLEASE LET ME KNOW:confused:
Munna Bhai
07-12 10:21 AM
any more help??
lynchbaby
03-09 01:08 PM
In similar context I have a few questions...
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
The EB2 date is stuck at Jan 08,2003 for months now.I know about retrogression and all that. But can someone explain why the date is not moving? Is it because they ran out of numbers for EB2 for FY 06? (Like they do in H1 cases)
Also does anyone know why the EB2 visa numbers were dropped from 537 in FY05 to 145 in FY06? and why suddenly in 2006 they granted so many visas(6083 in FY06 vs 0 in FY05) to Schedule A workers (Nurses,Physical Therapist,Aliens with excep ability) ? was Schedule A category backlogged for all these years? I am just trying to get some things cleared about how the visa numbers are allocated.
