kumarc123
03-03 12:07 PM
Hello there,
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
This is great news although I have a question. My wife is a endodontist (dentist, speciality in root canal surgery), (H1, EB2 India). She teaches at a university and practises in there. She has some publications as well (she does not qualify for EB1, as we dont want to go for a tenure track) Will she qualify under this physicians bill? She has 6 years experience in this filed.
Thank you
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kumargovin
06-03 10:33 AM
I posted this question sometime back since I am in the same situation. I did get some response back and you are in the right track. On this issue, the regulations are very unclear. So far I have not found anything that says we can transfer to a new employer on 7th year and gain 8th year with them. AC21 allows H1B portability but unclear when it comes to 7/8th year. In my oppinion, safest way to go thru this issue is to apply for remaining 7th year and 8th year extension, 6 months before the 7th year expires. My new employer will only hire me only if 8th year gets approved since this will allow them to file for the new GC thru PERM. I did talk to couple lawyers but Mr. Micheal Khosla (http://www.usimmigration.net/index.html) is very confident & clear about this issue. Plese check his website for other informations. I hope I am being helpful here and please let me know how things work out for you.
njdude26
04-08 08:05 AM
What all papers did you have. Can you please give me a list... I did my H1B renewal in Toronto Last Feb without problem. I have Indian Bachelors Degree in Engineering. Renewal went very smoothly. I had all my papers with me as required.
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freedom2007
10-22 04:26 PM
Yup completely agree with Frostrated..
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
Me too in Same situation had Masters degree but in 2003 we thought Category wont matter much as dates were current..Hmm look what it got us into now for EB3's
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GCnightmare
08-13 09:32 PM
Does filing of dependent's I-485 anything to do with LUD on approved I-140/I-131 of Primary applicant? Anybody having similar experience?
Thanks
Thanks
apahilaj
09-28 03:27 PM
Singhsa,
Thanks for your reply.
I've already called them up twice and they keep on giving me the same reason saying ASC must be busy with other appointments.
Is there any other way to escalate this? Thanks.
Thanks for your reply.
I've already called them up twice and they keep on giving me the same reason saying ASC must be busy with other appointments.
Is there any other way to escalate this? Thanks.
more...
DSLStart
03-11 08:14 PM
No you don't have to walk into any bank. Just visit
https://remit.onlinesbi.com/
Everything is self explainotary.
Gurus,
Can some body advise what is the best way to send money to India using SBI online?
Do i have to have an account with SBI? NRE/NRO/Regular
I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?
I live in Colorado and hence do not have the luxury of walking into an SBI US branch.
Any advise is appreciated.
Thanks
https://remit.onlinesbi.com/
Everything is self explainotary.
Gurus,
Can some body advise what is the best way to send money to India using SBI online?
Do i have to have an account with SBI? NRE/NRO/Regular
I have an account with State Bank of Bikarner and Jaipur, can i send money from my US account into SBBJ and then to SBI (parents account) ONLINE?
I live in Colorado and hence do not have the luxury of walking into an SBI US branch.
Any advise is appreciated.
Thanks
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dilipb
02-13 03:54 PM
What all countries in the world require is young intelligent sensible people like us to become politicians....so that we can make fast changes and make this world a more interesting place to live in.
but but but....
but but but....
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crystal
08-14 08:07 PM
They can study without any issue.They dont need any permission. Universersities allow to study on H4. Only thing is they cannot work like an F1-student.
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
Can H-4 holder (Dependent) can pursue higher studies in the US. Do we need any special permission from the USCIS ?
Any information will be highly appreciated. TIA
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yabadaba
06-24 12:41 PM
the free ead/ap is based on the $1010 fee for 485..so if u file ur 485 now.. u r pretty much in the non free group
more...
helpfriends
04-17 09:55 AM
and yes, it's a very odd situation. Hard to explain and maybe I should have tried to clarify more earlier.
From what I gather(heard 3rd party), the foreign parent company set up an office here in the US over a year ago and this person came over on an L1visa and has been here since early 2007 working, and traveling back and forth to their home country and paid wages by their foreign employer. This new office/company has not done much,if any business, direct in the US(no employees, etc) the past 1st year of their visa.
The same foreign parent bought a majority share of a 2nd company in the US end of 2007 which is established here. The foreign parent filed an L1A visa petition for this same person, early 2008 on behalf of the newly bought US company which did get approved? Like I said, for whatever reason, this person came over here early(stupid!) with that green card waiver and has been working. I do not presently know if he has gone back for an interview and made it back with a visa or not at this point?
All in all, I think this situation is getting worse from the sounds of it.
From what I gather(heard 3rd party), the foreign parent company set up an office here in the US over a year ago and this person came over on an L1visa and has been here since early 2007 working, and traveling back and forth to their home country and paid wages by their foreign employer. This new office/company has not done much,if any business, direct in the US(no employees, etc) the past 1st year of their visa.
The same foreign parent bought a majority share of a 2nd company in the US end of 2007 which is established here. The foreign parent filed an L1A visa petition for this same person, early 2008 on behalf of the newly bought US company which did get approved? Like I said, for whatever reason, this person came over here early(stupid!) with that green card waiver and has been working. I do not presently know if he has gone back for an interview and made it back with a visa or not at this point?
All in all, I think this situation is getting worse from the sounds of it.
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santb1975
05-17 11:03 PM
34294$ more to raise. Let us do it
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rbharol
08-23 02:25 AM
Any US postgraduate degree + 3 years prior to I-140/I-485. Read the text of the bill for more details.
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?
--------------- copy paste begins --------------------------------
WORKERS EDUCATED IN THE UNITED STATES
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.
(a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
��(F) Aliens who have earned a master�s or higher degree from an accredited
United States university.
��(G) Aliens who have been awarded medical specialty certification based on
post-doc-toral training and experience in the United States preceding
their application for an immi grant visa under section 203(b).
��(H) Aliens who will perform labor in shortage occupations designated by
the Secretary of Labor for blanket certification under section
212(a)(5)(A) as lacking sufficient United States workers able, willing,
qualified, and available for such occupations and for which the
employment of aliens will not adversely affect the terms and conditions
of similarly employed United States workers.
��(I) Aliens who have earned a master�s degree or higher in science,
technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
have received a national interest waiver under section 203(b)(2)(B).
��(K) The spouse and minor children of an alien who is admitted as an
employment-based immigrant under section 203(b).��.
------------------------------ Copy paste ends --------------------
Dixie and Other experts,
See copy-paste from the bill below:
It seems that Aliens who have earned Masters degree outside US 'AND' has
3 years experience in related field are listed along with those who have
masters or higher degree from US.
check sections (F), (I) and (K) below.
Does it mean non-US masters with 3 years exp too shall be excluded from
the numbers quota?
--------------- copy paste begins --------------------------------
WORKERS EDUCATED IN THE UNITED STATES
SEC. 201. UNITED STATES EDUCATED IMMIGRANTS.
(a) IN GENERAL.�Section 201(b)(1) of the Immigration and Nationality Act
(8 U.S.C. 1151(b)(1)) is amended by adding at the end the following:
��(F) Aliens who have earned a master�s or higher degree from an accredited
United States university.
��(G) Aliens who have been awarded medical specialty certification based on
post-doc-toral training and experience in the United States preceding
their application for an immi grant visa under section 203(b).
��(H) Aliens who will perform labor in shortage occupations designated by
the Secretary of Labor for blanket certification under section
212(a)(5)(A) as lacking sufficient United States workers able, willing,
qualified, and available for such occupations and for which the
employment of aliens will not adversely affect the terms and conditions
of similarly employed United States workers.
��(I) Aliens who have earned a master�s degree or higher in science,
technology, engineering, or math and have been working in a related
field in the United States in a nonimmigrant status during the 3-year
period preceding their application for an immigrant visa under section
203(b).
��(J) Aliens described in subparagraph (A) or (B) of section 203(b)(1) or who
have received a national interest waiver under section 203(b)(2)(B).
��(K) The spouse and minor children of an alien who is admitted as an
employment-based immigrant under section 203(b).��.
------------------------------ Copy paste ends --------------------
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kisana
09-02 11:11 AM
As amitkhare77 mentoned that you need to inform the your payroll department. probably you needto file the I9 again. Please consult some lawyer.
more...
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Hermione
10-02 12:45 PM
According to IRS you are citizen(Any one who stays more that 180 days and pays taxes in us is a citizen according to them). You can apply for student Loan as a citizen if you use this clause intelligently. This is how most students get credit cards. If you say you are on H1 to a credit card company they will never give you the card.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
Again this is only my opinion. I might be wrong.:)
What you are talking about here is called 'Resident Alien' - the IRS definition of someone who pays taxes just like a citizen on a regular form 1040 (by the way, students are non-resident aliens and pay taxes on 1040NR). To open any financial account you must disclose if you are citizen/resident alien or non-resident alien, and yes some companies do not open accounts to non-resident aliens, but it is acutally up to companies where they draw the line - most credit card companies are glad to open accounts to foreign students (hey, it's a free country, you can't tell a company whom to lend the money and whom not, provided it's not taxpayer money).
The kicker about the student loans is that there is special Federal financing available only for loans taken out by citizens and LPRs (Sally Mae and recent student loan scandal ring any bells? yes, these are loans). So, oups, no luck here without a green cards.
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metoyou
11-05 10:08 AM
I was in the same boat as you. I did not get my wife's AOS receipt but all others ( 5 out of 6) . But when the FP notices came with her AOS receipt number on it, I thought USCIS may have misplaced the receipt.
Right after the fingerprint, we received this LUD on her AOS case:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice returned as undeliverable.
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
Right after the fingerprint, we received this LUD on her AOS case:
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Notice returned as undeliverable.
On October XX, 2007, the post office returned our last written notice on this case as undeliverable. This can have serious effects on the processing of this case. Please call 1-800-375-5283 to update the mailing address so this notice can be re-sent.
I was shocked. I have emailed the company law firm and I'm awaiting response from them.... Have they mistyped their own address since that is supposed to go to them? Or USCIS is just pulling my legs?
more...
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ash0210
11-09 12:36 PM
In the context of Premium processing of H1B�s, I-140, EAD�s etc can we press our demands to newly elected Dems to have I-485 premium processing by paying extra $$$ to USCIS?
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)
Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?
I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!
Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!
"Premium GC processing" will work as follows:
Pre-processing Condition/Base Rules:
If your I-140 is approved & you have filed I-485 and your I-485 is pending for more than 575 or 600 days (whats ever USCIS website says of # days..) is mentioned against your case#.....
...THEN pay USCIS e.g. $1000 or $0000 & get your "GC" !!!
USCIS will assign temporary VISA# for such "Premium Paid GC" and when VISA# will be available that VISA# will be assigned to your " Premium Paid GC"..
Premium Paid GC - Few base Rules:
Before issuing " Premium Paid GC ", USCIS will ensure/check their existing GC process along with following additional checks:
1. Pre- adjudicated:
Your case is Pre-adjudicated, I-140 approved, file is complete & case is waiting ONLY for Visa# availability
2. Income Tax & W2�s:
Applicant pays Income Tax, files W2�s for say 3-4 years
3. EAD�s more than 3:
I 485 applicants are repeatedly applying for EAD's for more than 2 to 3 years
4. Check Legal entry in USA:
Copy of I-94 to ensure that I-485 applicant is �Legally� entered in USA
5. Security Threat/Name Check:
Name check is complete & applicant is NO longer a "Threat" to National security, if Name check is NOT done, expedite it to FBI. If Name Check is not completed by FBI, request I-485 applicant to submit �Local� Police station �Clearance records� from all the �Address� where he/she stayed in USA (address specified in Labor). If a person is here for more than say 4-5 years, have clean �Police clearance record� and law abiding �Legal� Tax payer, how he/she can be threat to National Security?
6. FP:
Finger Printing at least once (NOT over by 15 months etc..)
7. Biometric:
I-485 applicants Biometric 2 (or 1,2,3) has been done at least one time
8. H1B/H4 extensions:
I-485 Primary applicant (his/her derivative) are completed their H1B extension more than 6 years and repeatedly extending H1/H4�s (to say enough, he/she is here for more than 6 years legally)
After applying this Basic Thumb Rules, issue " Premium GC" to applicant & assign VISA# later whenever VISA# is available.
Look guys, this is a capitalist country & we have to pay few $$$'s to USCIS instead of spending them on EAD's & AP's extensions for next couple of years (usually instead of year, its turning out to be 8-9 months!)
Do IV core group/IV members wants to amend or add more Base rules, including $$ price for Premium GC processing?
I am sure Dems will consider these options as they have to prove that its NOT nothing doing congress!!
Needs further brain churning to suggest "firm-up" suggestions to Dems/Congress...!!
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gc_kosam
06-02 02:09 PM
Guru's,
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
Please Guru's share your thoughts.
Thanks in Advance
My employer filed my I 485 last year during July visa bulletin under EB3. My I 140 is already approved from the same employer. Now my employer is planning to apply for EB2 labor. My question is
1) Once my EB2 labor gets approved, Do they have to file new I 140 again (OR) can they use the approved I 140 (EB3) to port my PD to EB2 application
2) If they apply for new EB2 140...does this invalidate my approved EB3 140 ???:confused:
3) If they have to file I 140 again for EB2...is this I 140 goes through the regular time frames (12months) (OR) since my EB3 140 is already approved my EB2 140 gets approved faster.
Please Guru's share your thoughts.
Thanks in Advance
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breddy2000
08-19 09:48 PM
Me too getting worried about my wife's status...
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
Good thing is she had this issue when transferring H1 Visa when she was out of status for few months and she had to go to home country for stamping (explaining IO the situation where she was out of status) and came back on status...and she was on status till date.
One more thing is , the status will be counted from the last date of entry to US . If this is the case, I do not have any problem on my wife's status.
If your wife has maintained her status since she last visted US, may be going for H1 stamping and coming back to US, this should not matter..and more over she filed 485 as your dependent.
This is what my understanding is with respect to maintaing status....Let me know if this is not correct
rbalaji5
07-17 04:48 PM
D. JULY EMPLOYMENT-BASED VISA AVAILABILITY
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
After consulting with Citizenship and Immigration Services, the Visa Office advises readers that Visa Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining Employment visa number availability, and that Visa Bulletin #108 (dated July 2) is hereby withdrawn.
michael_trs
11-18 11:34 PM
485Mbe4001,
Sorry, I didn't understand...
Is it possible to switch to EB2 if my company already applyed for LC as EB3? Or I need to start with LC processing again - it means that I loose a year for LC processing, right?
Sorry, I didn't understand...
Is it possible to switch to EB2 if my company already applyed for LC as EB3? Or I need to start with LC processing again - it means that I loose a year for LC processing, right?
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