kokil
03-08 08:22 PM
I have asked same question to the lawyer and here is his reply:
-------------------------------------------------------------------------------------------
To be able to do EB-2, you will need to have, in addition to your 3-year bachelor's degree, at least another 3-year degree or a 2-year master's degree.
If your post-graduate diploma is 3-year, you may be able to make the case for EB-2 if you can show equivalency to master's degree. One-year PGD would not be sufficient for EB-2.
-------------------------------------------------------------------------------------------
To be able to do EB-2, you will need to have, in addition to your 3-year bachelor's degree, at least another 3-year degree or a 2-year master's degree.
If your post-graduate diploma is 3-year, you may be able to make the case for EB-2 if you can show equivalency to master's degree. One-year PGD would not be sufficient for EB-2.
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furiouspride
03-31 04:33 PM
Thanks guys for your reply. This was tremendous knowledge that you guys dumped in.
Let's say if I am on the green card (EAD) , then still I can not evade this tax situation correct ?I mean if they pay me and I pay to the company in India who is really responsible for the service.
Right now, with the current setup, the company in India will have to pay corporate taxes on their overseas income. If I'm not mistaken, IT companies have a reduced tax rate in India. All in all, the 4pc should not be a big damper.
Let's say if I am on the green card (EAD) , then still I can not evade this tax situation correct ?I mean if they pay me and I pay to the company in India who is really responsible for the service.
Right now, with the current setup, the company in India will have to pay corporate taxes on their overseas income. If I'm not mistaken, IT companies have a reduced tax rate in India. All in all, the 4pc should not be a big damper.
HV000
02-29 08:23 PM
You have not mentioned whether your I-140 is still pending.
If your I-140 was approved already, then you can use AC21 portability.
If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
The above memo is relevant to I-140 pending situation.
My I-140 is approved.
If your I-140 was approved already, then you can use AC21 portability.
If both your I-140 & I-485 are pending and if you plan to use AC21, USCIS will process your GC as per the following guidelines contained in yates memo.
http://www.uscis.gov/files/pressrelease/AC21Intrm122705.pdf
The above memo is relevant to I-140 pending situation.
My I-140 is approved.
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optimystic
04-01 06:44 PM
Before Nebraska service center retrogressed their processing dates I was able to speak with an IO. I asked her a few questions relevant to this.
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
There maybe a public USCIS rule / procedures that would confirm what she told me.
Q) When is the name check typically initiated
A> Soon after receipt
Q> Is my name check cleared.
A> wait a moment..... yes
I've also explained why Nebraska processing dates moved back...
1) Transfers from Texas
2) VB moving forward coupled with no pre-adjudication. Therefore they have to go back to older receipt dates.
3) 180 day name check rule taking effect -- clean up old cases.
4) Public processing date was internally known to be too far ahead of reality (and therefore causing service requests).
Now could USCIS hide behind name check now?
Probably not for more than 180 days, because you could file a WOM and win.
Can they stagnate processing dates --- yes, and there is a risk that they will around 2nd July 2007 date (last year's fiasco -- if I need remind anyone). That would make me barking mad since my receipt date is about 59 days before that.
A WOM will likely succeed when an individual is arbitrarily processed more slowly, and now name check is not an excuse. However, a WOM is much less likely to succeed when a whole group is processed slowly, since USCIS can always claim resource constraints. The happened with labor cert and BECs, the case(s) that I read the judge basically said to speed up one application would slow down another. So you need to show that you are behind the reasonable processing times with respect to others, then you can force USCIS's hand.
Looks like you may have gotten lucky with the IO that you encountered over the phone. I just tried reaching a level 2 officer. Unfortunately Nebraska center is closed at this time, so I got transferred to the national service center and possibly to a level 1 case handler. She seemed very polite and even sounded quite young ( intern !? ) . Here's transcript
She ran me thru several questions, default status update thats already on the online case status and finally I steered towards more specific questions
1) I wanted to check the status of my case, the online status has shown no updates since 7 or 8 months. Specifically was a namecheck initiated in my case?
A) Sorry sir, you have to make an Infopass appt for that, I have no access to that info.
2) Usually it should be initiated soon after receipt date, and completed within 180 days, right?
A) Yes sir, as per the new 180 day rule (seems to be aware of the new rule :) ), it should be done, but I can't tell you whether it has been initiated yet or not, or if it has been cleared. But if you doubt that it has been initiated and its been more than 180 days, then there's the new provision in law that your cards should be ordered immdtly, if everything else checks out (like PD etc). You have to make an InfoPass appt to get this info.
3) Can I place a Service request over the phone instead?
A) Your case is outside of our current processing date limits. You have to be atleast 30 days older than the current processing date at your case service center to initiate a service request.
4) When do you think the Processing dates will catch up with my receipt date?
A) The computer shows me that it will currently take 53 days (w.t.f !!) to get to your case !
I will probably give another try tomorrow during normal working times of NSC. Hopefully get to an IO who can tell the namecheck status.
But if its been cleared, then what next?? Just wait to see the PRD get stuck at July 2, 2007 eternally ???
I mean what cases are they processing ??? My PD is EB3 May 2001 !! Probably very near to front of queue. How many potential approvable *current* cases could there be that need to be processed before mine? How to get this information? Will an Infopass help to get such information?
If not then, whats the point of taking an InfoPass?
more...
anilsal
11-30 01:27 PM
The issue is that my company lawyer said that there will be a need for a visa stamping done for the extension because of the Last action rule. The murthy forum reference is something I dug up via google.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
Because the extension will be for a future date (March 1). Current visa stamp is till Feb 28, 2007. So if the officer gives a new I-94 with Feb 28, 2007 as the validity date, the attorneys claim that it will invalidate the approved extension due to a "Last Action Rule".
It is hard to trust these corporate lawyers.
Ramba
09-25 01:15 PM
See this link : It says Employment Authorization Card as one of the proof's for legal residents.
http://www.dmv.ca.gov/dl/dl_info.htm#BDLP
Thanks! I have visited this web site before. Now my doubt is, if I show my EAD as a proof for the status, I am worried about they will give DL only for 3 months i-e till the validity of EAD. Then I have to go again to DMV after 3 months to renew again for another 9 monts validity of new EAD. This is pain in bu--, as it continue till I get GC. Due to the retrogression, I do not know when I will get GC.
http://www.dmv.ca.gov/dl/dl_info.htm#BDLP
Thanks! I have visited this web site before. Now my doubt is, if I show my EAD as a proof for the status, I am worried about they will give DL only for 3 months i-e till the validity of EAD. Then I have to go again to DMV after 3 months to renew again for another 9 monts validity of new EAD. This is pain in bu--, as it continue till I get GC. Due to the retrogression, I do not know when I will get GC.
more...
grupak
06-20 03:54 PM
Make the calls before end of day.
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GCIsLuck
10-05 07:40 PM
One of my colleagues got audit for two consecutive years and he received his green card last month.
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
My worry is what if we pay panalty after IRS final decission on audit ?
Did your friend have to pay the penalty any any of those audits.
Thanks
more...
Vish
09-24 01:18 AM
I joined this club.
My status shows case recieved and its pending, but for my wife, its this status despite the fact that we she got her fingerprinting appointment.
I have appointment with my attorney tomorrow to discuss this. Will update with what she says.
My status shows case recieved and its pending, but for my wife, its this status despite the fact that we she got her fingerprinting appointment.
I have appointment with my attorney tomorrow to discuss this. Will update with what she says.
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amitga
01-28 10:44 AM
I think Michigan chapter is totally inactive. we need to get organized. I am willing to take the responsibility of organizing the Michigan chapter. Please send me PM/email (amitga@yahoo.com) with your details.
1) e-mail id
2) phone number (Optional)
3) Employer (optional)
The main agenda will be
1. How to increase awareness about IV and increase its member base/funding?
2. How to meet all Congressmen and their Immigration staff?
3. Get more and more people from Big Employers (Specially big 3)
I live in Troy MI (20 miles from Detroit). So all the people from Detroit Metro area can meet somewhere in Detroit.
Amit
1) e-mail id
2) phone number (Optional)
3) Employer (optional)
The main agenda will be
1. How to increase awareness about IV and increase its member base/funding?
2. How to meet all Congressmen and their Immigration staff?
3. Get more and more people from Big Employers (Specially big 3)
I live in Troy MI (20 miles from Detroit). So all the people from Detroit Metro area can meet somewhere in Detroit.
Amit
more...
bestin
10-09 06:35 PM
I have a similar question. I have I-94 till Jan 2008 as my H1B visa is valid till Jan 2008. If I file an H1B extension in Dec, is that okay ? I know, approval would not come before Jan 08.I beleive as long as u dont hear something from USCIS u are still in status provided u filed before the expiry of ur I94.I also think they do send a new i94.
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doceb2
03-24 07:29 PM
hey coopheal
do yo know what the RFE is about
thks
do yo know what the RFE is about
thks
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optimystic
03-05 02:19 PM
The processing date for I -485 EB at nebraska is July 30 2007.
And it happens that my I-485 'Receipt date' is July 30 2007 too ! My notice date is 'Aug 31 2007'
So my question is should my case be logically eligible for processing at nebraska center now that we are in March and my PD is current for March. Or do the processing times at service centers represent notice date and not receipt date (I noticed that in my online case status it states "On August 31, 2007, we received this I485 APPLICATION "....which seems logical since the notice date represents the date when info is entered into computers )
As I mentioned earlier in this thread my I-140 is also already approved.
Is there a number I can call to check with USCIS customer service whether they opened my case for adjudicating it. The only immediate blocker I see now is whether or not I am past the 180 days FBI namecheck as well . Hopefully the USCIS cust rep can tell me that info over the phone. Any body got such info over the phone?
And it happens that my I-485 'Receipt date' is July 30 2007 too ! My notice date is 'Aug 31 2007'
So my question is should my case be logically eligible for processing at nebraska center now that we are in March and my PD is current for March. Or do the processing times at service centers represent notice date and not receipt date (I noticed that in my online case status it states "On August 31, 2007, we received this I485 APPLICATION "....which seems logical since the notice date represents the date when info is entered into computers )
As I mentioned earlier in this thread my I-140 is also already approved.
Is there a number I can call to check with USCIS customer service whether they opened my case for adjudicating it. The only immediate blocker I see now is whether or not I am past the 180 days FBI namecheck as well . Hopefully the USCIS cust rep can tell me that info over the phone. Any body got such info over the phone?
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Pineapple
04-04 10:00 PM
I totally agree with the majority opinion here.
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
That IV is the best organised, dedicated organisation out there looking out for people I can identify with.
Have they done a good job? The question is the other way round. This is an open organisation. The core members are easily accessible. Anyone who is willing to contribute in terms of volunteer work, if not contribution, is more than welcome. What are You willing to do?
This is not a rhetorical question... I'm not what they call the core member.. I'm on the outermost orbit. I just contribute money (once, till now) and log in once in a while. But at least I�m doing something, and it makes me feel a little better that for a change, I�m contributing to a genuine bunch of people who are willing to make personal sacrifices for something that affects me.
That said, is all criticism bad? Here is where it gets a little tricky.
Why is that?? Lots of reasons.. About the dangers (and futility) of having a zero-tolerance for criticism in an open web-based community. Some of it, though, does provide a pointer to the complexity of the issue. For instance, one of IV's goal is to guard against discrimination against legal immigration. Queue jumping, in short. Yet, thousands of us are stuck in BEC's (Dallas and more importantly, Philly), awaiting a "labour" certificate. The whole process is idiotic and obviously there is something seriously fishy there since there has been no significant movement in years.. and everything is handed to a 'private' contractor for data entry and software development, and there is NO communication or transparency. (Yeah, you can blame my innate cynicism, but coming from where I come from, I can smell corruption a mile away - and this thing stinks!). Is it on IV's radar? I believe so, and there have been very clear and positive statements on strategy regarding this issue on IV.com. Also, I understand that the focus should be on maximising our efforts on the immediate issue, which is the legislation - especially given our limited resources.
But I would love to have it moved a little towards the centre of the radar screen rather than languishing on the periphery..
more...
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cygent
05-30 08:23 PM
More power to the IV admins for having to deal with these cretins on a regular basis. And some of them return with new ID's OMG!! Whats up with that??
e then tolerate members who are disrespectful to others and do not bother about this effort.
Let other IV members judge for themselves what is right and what is wrong.
e then tolerate members who are disrespectful to others and do not bother about this effort.
Let other IV members judge for themselves what is right and what is wrong.
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eb3_nepa
09-22 12:11 PM
there remains a sliver of hope- its called the lame duck session when a lot of such measures are passed. post election, everyone feels "safer".
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
Unfortunately almost nothing actually gets done in the lame duck!
a marked up bill, ready for the house, could sneak through in the post election season. we have to keep trying!
Unfortunately almost nothing actually gets done in the lame duck!
more...
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digital2k
09-20 10:31 PM
We are a global family with global concerns.
Thank You Everyone ...
Some people had been concerned re: the numbers, would have been great to have 30,000 but all those who attended were strongly motivated and were equal to 30,000. Its great to have like minded, strongly oriented.
We should learn from all those who participated and get motivated NOW.
Please think from this :
IV Press Release on one site :
Most Viewed (Last 7 days)
Immigration Voice Rally on Sept 18 for Highly Skilled Legal Immigrants - 2121 views
United we Stand All
Thank You Everyone ...
Some people had been concerned re: the numbers, would have been great to have 30,000 but all those who attended were strongly motivated and were equal to 30,000. Its great to have like minded, strongly oriented.
We should learn from all those who participated and get motivated NOW.
Please think from this :
IV Press Release on one site :
Most Viewed (Last 7 days)
Immigration Voice Rally on Sept 18 for Highly Skilled Legal Immigrants - 2121 views
United we Stand All
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JunRN
09-22 11:32 AM
And even if it pass the mark-up tomorrow, there's a long winding road ahead before it becomes a law.
Only miracle can make this happen.
Only miracle can make this happen.
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Milind123
08-29 11:09 AM
My LC and I140 approved (PD: may 2004). Applied 485 on Aug 8.
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
Search for FMLA over the web,
Here is one link
http://www.dol.gov/esa/whd/fmla/
I became father last month.
My new born son is sick and he needs total attention for next 4 months. I have used up all my vacation and planning to apply for medical leave. Pediatrician recommends me getting medical leave and support my wife.
I work in a very big hardware company. I have completed 3.5yrs in H1B so far.f I apply for medical leave, I may get a pay cut (like 20 to 30%). Will I be affected because of this medical leave? Are H1B's allowed to take medical leave (upto 4 months)..
Your comments are very much appreciated.
thanks
Search for FMLA over the web,
Here is one link
http://www.dol.gov/esa/whd/fmla/
DSLStart
03-09 07:38 PM
Don't do the mistake of renewing it in India. I did that mistake and had to go through one hell of corrupt bureaucracy.
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
I am going to India for couple months and plans to return back on AP.I am planning to get my passport Renewal in India.Is it OK to Renew in India as it shows my India address.
Thanks In advance
ramus
07-06 12:01 PM
Please don't post flower releated posts on this thread. We already have 3 threads going on for flowers.. This is strickly for template.
Also IV core doesn't take any position on flower sending..
Thanks.
__________________________________________________ ______
Hi,
Add flower day JULY 10TH also to your e-mails, we may get good atten from the media.
Guys please send the flowers...I know we dont have very good publicity like others...we need to find the way to get the media atten. One reporter might be intrested in our news not evry one, to get evey body atten we need to do it in samrt and in different way..guys bunch of people are thinking the flower day is good, other think it is not, we have this problem from ages.
If one send flowers or e-mail it is not news..if every body joins it is gonna be a greate news.
join the flower drive.
just my idea.
Thanks,
Chandra.
Also IV core doesn't take any position on flower sending..
Thanks.
__________________________________________________ ______
Hi,
Add flower day JULY 10TH also to your e-mails, we may get good atten from the media.
Guys please send the flowers...I know we dont have very good publicity like others...we need to find the way to get the media atten. One reporter might be intrested in our news not evry one, to get evey body atten we need to do it in samrt and in different way..guys bunch of people are thinking the flower day is good, other think it is not, we have this problem from ages.
If one send flowers or e-mail it is not news..if every body joins it is gonna be a greate news.
join the flower drive.
just my idea.
Thanks,
Chandra.
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