jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
wallpaper quotes on never giving up.
uma001
02-08 11:48 AM
Hello guys,
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
If you are i US workign more than 10 years, then you are eligible to receive Social Security benefits when you retire no matter where you are.
I dont think there will 40% penality after 30% tax on 401K when you withdraw funds. it will be total 40-45% from 401K if you withdraw before your retirement.
My frustration is increasing and patience going down. I am strongly considering moving back to India. When planning the move, a few questions popped in my head the answer to which I am not able to find (yet); hence putting it out here.
1. How can I inform SSN department or credit bureau that I am not longer in USA..hence no one can use my SSN even if it gets stolen? Is there a way to "lock" things down?
2. What happens to 401K? Is there a IRS tax law that says because this guy was on H1-B and leaving..don't charge him the 40% penalty?
2.1 After 40% in penalty and 30% in taxes...with the market beaten down...not much remains...wonder if it's even worth touching it. So if I decide to leave the money here in my 401K account, what happens when I want to withdraw it? Rather what is the best way to withdraw it?
3. Any estimates on how much it costs to ship things back to India? I live in 2 bedroom apt..so have the usual stuff.....couch, bed, tv, clothes of many sizes, lots of kitchen utensils. Just an average...I understand things can vary a lot.
4. PIO card has the passport number of my son on it...the passport will expire when he is five year old. So do I get a new passport number? If so what happens to the PIO card? Do I need to get a new one?
Others, please feel free to add to the list of questions.
Thanks
If you are i US workign more than 10 years, then you are eligible to receive Social Security benefits when you retire no matter where you are.
I dont think there will 40% penality after 30% tax on 401K when you withdraw funds. it will be total 40-45% from 401K if you withdraw before your retirement.
ambals03
04-11 11:07 AM
How much money is being raised and how it is being used ?
2011 quotes about never giving up. never give up quotes and
Canadian_Dream
10-19 02:15 PM
That's very correct. But I think AILA or concerned folks like us should ask USCIS to clarify their stand on it. I am sure they will do it soon.
Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
Also, an approved extsnsion with the new employer is by no means a approval of your valid status. Simply speaking, there are various H1B approvals granted "that were approvable at the time of application". This doesn't mean that status is valid for the entire duration, one has to maintain the status by keeping the job etc and meeting the other requirements of approved H1B petition. That's true for extensions too it MIGHT be valid/approvable at the time of filling when your I-140 was approved and not revoked. If revoked you could be potentially out of status if indeed that was the CONDITION of the approval.
Unless we know that CONDITION of approval (it could be unconditional approval too but it must be stated) we are not sure. If the USCIS later clarifies that CONDITION it could be applied retroactively and that means one is out of status during the whole time after the I-140 was revoked.
I am not saying this will happen but it is essential to find out the CONDITION of apporval whatever it may be.
The USCIS has not taken any official position on whether they would allow the after I-140 3-year extension to be transferred to another employer.
Using this loophole looks like many of us have actually sucessfully tranferred the H1B to a new employer after the 6 year limit..
As long as USCIS does not release any regulations...We can do this ....
If asked officialy some attorneys say that it cannot be done and some are fine with that...
Immigration laws are kind of applied sporadically and can be pushed to a certain extent
more...
logiclife
02-05 01:49 PM
Its called a form-letter.
The staff writes those.
They use the same letter and change the name and address of the constituent and copy-paste the generic position on immigration.
That is the reason you are seeing a letter that casts a wide net on immigration issues, like border security, illegals, etc. etc. The staff would send out the same letter to all constituents who are writing for or against immigration or any issue related to immigration.
All lawmakers have staff who repond to communication from constituents and 99% of the time, you get a form-letter response...the one-size-fits-all letter. The audacity of form-letters. ;)
The staff writes those.
They use the same letter and change the name and address of the constituent and copy-paste the generic position on immigration.
That is the reason you are seeing a letter that casts a wide net on immigration issues, like border security, illegals, etc. etc. The staff would send out the same letter to all constituents who are writing for or against immigration or any issue related to immigration.
All lawmakers have staff who repond to communication from constituents and 99% of the time, you get a form-letter response...the one-size-fits-all letter. The audacity of form-letters. ;)
optimystic
02-15 09:01 PM
Ok, so my PD got current (EB3 India). What next?
1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?
2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )
3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.
4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?
--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?
5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....
6)Should I be watching out for any LUDs this month or don't even bother until March
I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc
Thanks in advance.
1) I dont think I can expect that my PD remains current in the next Visa bulletin as well. The dates might retrogress again...right?
2) When will they open my case for adjudication? Will it happen within the month of March? Will ALL cases eligble to be opened in a particular Visa bulletin month are GURANTEED to be opened atleast to determine the next step (like sending it to namecheck, FP etc ) for that case?
(Dont tell me nothing is GUARANTEED with USCIS :) . I mean to a reasonable levels of the word 'GUARANTEE' ! )
3) What further factors/queues/backlogs determine when a case will be opened for adjudication when the PD is current and I-140 is also already approved & FP done.
4) Namecheck - The new rule of auto-approval/clearance past 180 days.....when does the 180 day count start from?
--- Receipt date of I-485 application OR
--- Date when the application is opened for adjudication following the PD becoming current for that person OR
--- How can one find out what their namecheck status is? If we are past 180 days, is it safe to assume that we are cleared on Namecheck?
5) Will anything at all happen in my case during the remaining of this month Feb? Like pre-adjudication of my case etc in anticipation of my PD becoming current in March (as you can see by my IV handle name....hihgly optimistic :) ) ....
6)Should I be watching out for any LUDs this month or don't even bother until March
I hope the other IV brethren who might have already got their GCs and other Gurus/experts on the forum can probably shed some light on these questions, the time lines/milestones involved etc
Thanks in advance.
more...
roseball
01-23 12:45 AM
I am in a similar situation. My current H1B and my wife's H4 expire on June 20th, 2007. I have filed for my 7th year extension as well as my wife's H4 extension in Dec 2006. I got receipt notices for both the application with a notice date of Dec 21st, 2006.
I am planning to apply for my wife's H4-H1 in April this year under premium processing and I was wondering what would happen to her H4 application if her H1 petition gets approved first. Will she be out-of-status between June 21 and Sept 30, as her H1 would start on Oct 1st. Also, what happens to her H1 if her H4 is approved after H1.
Any thoughts.
I am planning to apply for my wife's H4-H1 in April this year under premium processing and I was wondering what would happen to her H4 application if her H1 petition gets approved first. Will she be out-of-status between June 21 and Sept 30, as her H1 would start on Oct 1st. Also, what happens to her H1 if her H4 is approved after H1.
Any thoughts.
2010 quotes about never giving up.
gc_on_demand
09-22 02:31 PM
GOOD NEWS
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.
09/23/2008
Full Committee
1:00 P.M. in 2141 Rayburn House Office Building
Continued Committee Markup of: H.R. 6598, H.R. 5882, H.R. 5924, H.R. 5950, and
To consider: a resolution and report recommending to the Hous of Representatives that Attorney General Michael B. Mukasey be cited for contempt of Congress
http://judiciary.house.gov/hearings/calendar.html
I called all reps but still dont see any news related to schedule on calendar. Tried diff browser and cleard cache.
more...
qplearn
10-10 10:18 AM
does that mean no beer!! :-))
Yes, all the beer you want my friend, but just wait until I get another job. :)
I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.
I just confirmed all this with my lawyer as well.
qplearn
Yes, all the beer you want my friend, but just wait until I get another job. :)
I really need to thank you from the bottom of my heart, bcuz this was just the right moment for me to get this piece of information (I was under the impression that although you can keep your PD, you have to do labor, I-140 again.) For some reason, I had kept hearing a lot of mixed messages about AC21.
I just confirmed all this with my lawyer as well.
qplearn
hair quotes about not giving up.
lkapildev
11-19 04:40 PM
You work for Govt on H1b. Payment would not be an issue. The only issue could be experince certificate. They might ask you to provide experience certificates.
NSC is really crazy about RFE. They complan about resource and they have time to issue RFE. 99% RFE's are cleared on first response.
NSC is really crazy about RFE. They complan about resource and they have time to issue RFE. 99% RFE's are cleared on first response.
more...
roseball
07-13 11:17 AM
Damn..F5 button on my keyboard needs replacing:D
You can try Ctrl + R.........:D
You can try Ctrl + R.........:D
hot quotes about not giving up
kufloyd
06-13 08:22 PM
Kufloyd: Did you also see a change in LUD on your spouse's (assuming you filed for dependent) I-485?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
The reason i ask that question is that i am exactly in same boat as you are. Case was transferred back and forth between NSC and CSC and it's finally pending at NSC and i saw a soft LUD on my I-485 today, but no change on my wife's I-485. Do don't know, if there's a pattern to it?
I didn't file a dependent 485...
By the way, how do you tell a soft LUD from a "hard" LUD?
more...
house Not Giving Up on Love by Armin
willwin
10-19 09:27 AM
Not that easy and good as it sounds.
There is a per country quote and yearly wastage you need to factor in.
Is per country quota true even during last quarter? I thought it was not in July 2007 and going by previous years history, India EB3 has always been getting more than their alloted 8000 (or whatever) numbers!
And, just like wastage, I have not accounted for duplicate filings (which I guess could be a lot)!!
So, 4 years - to me seems reasonable.
There is a per country quote and yearly wastage you need to factor in.
Is per country quota true even during last quarter? I thought it was not in July 2007 and going by previous years history, India EB3 has always been getting more than their alloted 8000 (or whatever) numbers!
And, just like wastage, I have not accounted for duplicate filings (which I guess could be a lot)!!
So, 4 years - to me seems reasonable.
tattoo quotes about not giving up on
austingc
07-08 05:07 PM
[QUOTE=sammas;1967354]Probably the RFE might be related to photos not being sent. A friend of mine received a RFE for not sending the photos eventhough they are not required to be sent but he did not get any Biometrics notice. [QUOTE=sammas;1967354]
Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
Sammas, May be it was lost in the mail, so your friend did not receive and the USCIS issued an RFE.
more...
pictures quotes about never giving up.
meridiani.planum
04-03 06:44 PM
Thanks for the reply but how did you conclude 'Future AC21 Changes' will be retroactive?
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
again from the same Murthy article:
http://www.murthy.com/news/n_porret.html
When explaining the risk of potentially stricter AC21 regulations to I-485 applicants, we are frequently asked, "If I change jobs under AC21 and the regulations are released after that, they won't apply to me, right?" Unfortunately, this is not correct. While it is not possible to predict the content or effective date of any future regulations, they will likely apply at the time of adjudicating the I-485 application, and not just when the job change occurs. In a hypothetical example, if new regulations were to limit the percentage of acceptable salary difference, or prevent multiple portings, the officer adjudicating the I-485 could decide that the job change violates the regulations, even if the change occurred months or years before the new regulations were issued.
dresses hot quotes about not giving up
Brightsider
01-19 11:22 AM
Peace out guys!
Why dont we call it a day on this issue. The OP was venting frustration, and feels entitled to do so. Nothing wrong with that, and there is no need to question his motives or logic. Considering what all of us are going through, there is a lot to be said in favor of letting out steam.
Lest anyone feel offended for anything I have said, I am not being patronizing. Indeed, after five years of wait, I feel like a good crib session will do me good too.
Chill out and enjoy the weather....after weeks of awfully low temp., the sun is out and the weather is glorious.:)
Why dont we call it a day on this issue. The OP was venting frustration, and feels entitled to do so. Nothing wrong with that, and there is no need to question his motives or logic. Considering what all of us are going through, there is a lot to be said in favor of letting out steam.
Lest anyone feel offended for anything I have said, I am not being patronizing. Indeed, after five years of wait, I feel like a good crib session will do me good too.
Chill out and enjoy the weather....after weeks of awfully low temp., the sun is out and the weather is glorious.:)
more...
makeup quotes about never giving up
ras
05-22 06:10 PM
Buddy, what were you doing for 40 days after your got terminated? If you knew it was coming you should have made efforts to transfer H1 or right after. If you transfer H1, then obviously INS will look for pay stubs etc from the last sponsoring co. Since you mentioned you never actually worked for them (if I understand this right) then you are in trouble. You can use EAD but you lose your H1 status. If you want to get back to H1 then you are back in the lottery mess to qualify for one. Obviously you need to decide what is important to you at this point. Marriage or your job/GC. Good luck.
I was in India and didn't know about it. As soon as I came to know I was under the impression it was easier to switch back and forth between EAD and H1 except that I may have to go to the consulate for visa.
I was in India and didn't know about it. As soon as I came to know I was under the impression it was easier to switch back and forth between EAD and H1 except that I may have to go to the consulate for visa.
girlfriend quotes about not giving up on
cygent
04-22 01:29 AM
Why give me a bad rep? I am not giving out bad reps to anyone. I posted what I felt. Even I am in line since last 8 years.
Guys, This for sure shows how bad the system is broken. Please Correct me if I am wrong.
Guys, This for sure shows how bad the system is broken. Please Correct me if I am wrong.
hairstyles quotes about not giving up
imh1b
04-28 09:08 AM
Revitalizing the Golden State (http://www.americanprogress.org/issues/2011/04/revitalize_golden_state.html)
Florida Shouldn’t Make Arizona’s Mistake (http://www.americanprogress.org/issues/2011/04/fl_immigration.html)
Do legal immigrants have any such article? Do legal immigrants impact economy? How can we know that?
Florida Shouldn’t Make Arizona’s Mistake (http://www.americanprogress.org/issues/2011/04/fl_immigration.html)
Do legal immigrants have any such article? Do legal immigrants impact economy? How can we know that?
learning01
04-13 09:46 PM
Such a loss of talent and skill should be pointed out publicly by the employers and research institutions, rather than us. They primarily will stand to gain more, then this great country and last we mortals. What do you say?
Excellent point!
Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.
Excellent point!
Maybe the IV team, when interacting with legislators, can also highlight cases of exceptional persons who got tired of waiting for their green card and are now productively employed in their home country. That will be a nice complement to the stories of people like us who have still not given up.
h1b_slave
01-03 08:09 PM
"invoke AC21 without waiting for six months" - I completely agree , that is a great idea if IV feels it is not asking for too much in one bill.
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
I think its good idea to try to add just one demand i.e. I-485 filing provision without current priority date into Supplemental resolution bill. But I think it will be really nice to try to get ability to change employer without waiting for six months(after filing 485) into the bill also. So that person can invoke AC21 without waiting for six months. I think both of these provisions go hand in hand.
Does anybody know when the next session is starting and when are they going to start discussing this bill and when will we be able to find out if our provisions are there or not?
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