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Dhundhun
06-28 04:57 PM
Update: I got the fingerprinting or ASC notice for both of us. So it seems things are moving.
Good to hear.
Good to hear.
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shantanup
05-06 08:58 AM
Long time ago when I inquired at the University of Houston, they said that any person who has lived in Texas for more than a year will be considered as an in-state student. Bear in mind that this was some time in 2001-2002.
raysaikat
07-10 07:39 PM
Hi,
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
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.
Thanks for your advice. I believe that my employer has no problem to write me a recommendation letter or sign support letter.
Do you believe I have a chance or not ? which one?
Thanks,
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.
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EndlessWait
01-10 04:50 PM
but its a long shot.. do u've EAD or H1...r u in status to fight while u work
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sledge_hammer
02-15 02:12 PM
What you are advising her/him to do is lie to USCIS that he/she is sick when she is not. This is on the same lines as doing what those guys behind bars did, brining people on H-1B from India to the US without actually having a job for them.
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that flies with the USCIS.
good luck
kris
Again, its people like you that is giving genuine legal immigrants a bad name, and putting us all (including yourself) in the LONG immigration queue!
I see that you have written letters and participated in other campaigns. None of those will materialize if you're teaching others to missuse the H-1B system. How hard is it for you to understand that these are the kinds of loopholes because of which we are stuck with no visa numbers?
Get a letter from your employer saying they are granting you a personal unpaid vacation as per your request(which can be done using a pre-dated letter to them). Make sure you are getting your medical coverage from them(if you have it through them). Provide that and an explanation that you are taking personal time off due to health etc/stress. Hopefully that flies with the USCIS.
good luck
kris
sid
04-02 02:00 PM
Zcool,
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
I applied for my H-1B extension and got an RFE asking for contracts and client letters for the requested period i.e., for the next 3 years.
I see that they asked for client letters from you ... but did they ask for the next 3 years? and if so, did you guys reply the RFE with a client for 3 years?
I have been working at the same client for the last 3 years, through a vendor. Mine is a small consulting company. The client has been extending the contract in 6 month increments and I could get a client letter for the next 6 months only.
Same is the case with the contract.
I could not file for 140/485 in july, 07.. so do not have the EAD safety net.
Please advise.
Thank you.
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ashkam
03-18 08:27 AM
Did you join them on H1B and then move to EAD? Did you change your I-9 form when you did that? If you didn't, as far as they are concerned, you might still be on H1B and so they might feel a need to inform the USCIS. If not, well, there really is nothing in the rule book that says they have to inform the USCIS that an EAD holder left employment.
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chaanakya
11-10 04:18 PM
I was exactly in the similar situation. My wife entered on H4, started work on EAD. Now we are traveling to India, both have AP as well as H visa (H1 for myself, H4 for wife). I talked to our corporate lawyers pretty much the exact same questions you are asking. Here is the response (that I have in writing from the lawyers):
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
1. H4 status is invalidated the first day you report for work on EAD. While you are working, your status is AOS in the US. There is no consequence of this change (ie you do not have to report anything to the USCIS).
2. When you reenter the US, you can use H4 for reentry. (Yes, even if you are still employed the employer with an EAD and went to India only for "vacation"). This is because at the point of entry, the definition for "working on EAD" is actually reporting to work. As long as the H1 is valid, you can enter on H4. Your status at the point of entry is H4 admission. However, if you report to work the next day, your H4 status again is invalidated and you are back on AOS.
This is a pretty confusing scenario for many and multiple lawyers that I consulted have agreed with the above legal advise.
So, even though we have AP, we would be using our H visas to enter.
Send me a PM if you have further questions.
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fuzzy logic
07-20 03:15 PM
In Chicago
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Dhundhun
04-27 12:48 PM
This one is my experience:
http://immigrationvoice.org/forum/showthread.php?t=18737
http://immigrationvoice.org/forum/showthread.php?t=18737
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ganguteli
06-25 12:54 PM
what is the deadline for the final letter and when can we start the campaign.
Also I would really appreciate if someone can post the instruction on how to send the fax.. step by step so that the non IT layman also can do that.
Please keep bumping this post and put a poll on this thread or start a thread just to get the count on how many did it.
This is about illegals. Do not fall for that trap.
These organizations are looking for bodies to send faxes. Illegals do not know computer and English. But programmers who sit in a cubicle all day and have plenty of time to go on websites and post, are a perfect fit to further the agenda of this organization.
Just ask yourself:
Has this organization leader spoken to you or IV asking for support and promised that they will work for legals?
So why are you promoting them?
They will not do anything for you if CIR comes.
Also I would really appreciate if someone can post the instruction on how to send the fax.. step by step so that the non IT layman also can do that.
Please keep bumping this post and put a poll on this thread or start a thread just to get the count on how many did it.
This is about illegals. Do not fall for that trap.
These organizations are looking for bodies to send faxes. Illegals do not know computer and English. But programmers who sit in a cubicle all day and have plenty of time to go on websites and post, are a perfect fit to further the agenda of this organization.
Just ask yourself:
Has this organization leader spoken to you or IV asking for support and promised that they will work for legals?
So why are you promoting them?
They will not do anything for you if CIR comes.
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dupedinjuly
07-13 03:00 PM
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
Thats in most of visa bulletins. It would require a change in law. Removing country quota is definitely not the news announcement. However, it is a very good change in the law that is required.
This is something that's doable without legislation. It would be done for employment based visas.
I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV
1. No change in July bulletin
2. No change in August bulletin
3. Well in that case it has to be this. It would be least controversial.
Thats in most of visa bulletins. It would require a change in law. Removing country quota is definitely not the news announcement. However, it is a very good change in the law that is required.
This is something that's doable without legislation. It would be done for employment based visas.
I've been reading the posts all day since yesterday. The most plausible "PERMANENT SOLUTION" has to be this. Please read the msg from IV
1. No change in July bulletin
2. No change in August bulletin
3. Well in that case it has to be this. It would be least controversial.
more...
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continuedProgress
03-23 03:10 PM
based on link -
http://public.cq.com/docs/cqt/news110-000002476084.html
http://public.cq.com/docs/cqt/news110-000002476084.html
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insbaby
12-10 10:57 AM
I knew that slowly the antis are gaining more and more strength as a result the noose is getting tighter and tighter around us (and will eventually reach our neck). I didn�t expect this fast:
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Come on dude. Texas is very slow.
Be happy, at least for the most they give license at least to the expiry of the Visa. This rule has been in many states for several years. In Tennessee, it was impelemented in 2004.
Texas change in driver�s license laws in last 6 months:
1) We knew that instead of the usual 6 years expiry date, they now want to see proof of visa documents and the expiry date is set to the expiry of the visa document.
2) If visa document is expiring less than 6 months, then we CANNOT get a drivers license.
Driver�s license laws - Latest Changes:
1) The driver�s license that all non-citizens will get will be Vertical and NOT the usual horizontal. This license looks very different than the conventional Texas DL and it also has to ominous word �temporary visitor�. I was okay with word being mentioned, but making the drivers license look so different from normal (vertical and not horizontal is taking it too far). I am worried about possible discrimination everywhere wherein we show our IDs.
2) Chance of Address not possible online: Previously, its only during license renewal, you had to get that new unique non-citizen card. Now, they are not allowing even change of address online! The website says, we don�t qualify for change of address online as well. This means that even for change of address, we have to go to the DL office and surrender of our old good unexpired DLs.
Any inputs? Texans? Others? What have been your experiences? In other states, can you change your address online without any hassle?
http://www.txdps.state.tx.us/administration/driver_licensing_control/LawfulStatusDLID.htm
http://www.texasinsider.org/modules.php?name=News&file=print&sid=4907
Thanks,
Thescadaman
Come on dude. Texas is very slow.
Be happy, at least for the most they give license at least to the expiry of the Visa. This rule has been in many states for several years. In Tennessee, it was impelemented in 2004.
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cse_us
11-30 01:55 PM
Hello All,
just wanted to share my Finger Printing Experience.
I am july 2nd filer, EB2.
NSC -CSC - NSC case.
Got my FP done today,
however I noticed that on my ASC notice, my SSN has been printed incorrectly.
I called USCIS and made the correction.
I was surprised & furious at the same time, by seeing this mistake from USCIS.
Their system is so bad, they are not even verifying the Name to the corresponding SSN. Had I missed to notice, I would have been stuck either at FBI name check or by a querry from USCIS later for a long long time.
Already the wait is long enough.
Anyways, dont relax just seeing your EADs and APs, watch every detail on whatever they send.
Regards
CSE
just wanted to share my Finger Printing Experience.
I am july 2nd filer, EB2.
NSC -CSC - NSC case.
Got my FP done today,
however I noticed that on my ASC notice, my SSN has been printed incorrectly.
I called USCIS and made the correction.
I was surprised & furious at the same time, by seeing this mistake from USCIS.
Their system is so bad, they are not even verifying the Name to the corresponding SSN. Had I missed to notice, I would have been stuck either at FBI name check or by a querry from USCIS later for a long long time.
Already the wait is long enough.
Anyways, dont relax just seeing your EADs and APs, watch every detail on whatever they send.
Regards
CSE
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rajuseattle
07-14 08:52 PM
this is mainly due to July VISA Bulletin fiasco and thousands were allowed to apply for their I-485, due to USCIS/DOL July 2007 VB.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
one moe reason lots of Citizenship petitions were also filed in July 2007 to take advantage of old fees structure.
All countries of chargeability and employment categories were made current, since Dol was frustrated with USCIS's slow processing rate for I-485 and had Dol not made the VB current USCIS would have wasted few thousand VISA numbers as usual.
Silverlining is that we were all given freedom of using EAD and get new jobs or promotions using the AC-21 provisions...but the long term side effect is the slow moment we are seeing for the processing dates.
NSC is slow since lots of high tech H1-B employers are from CA and WA states and they applied truck load of I-485 versus the folks in Texas Service centre.
We are all hoping that once USCIS is out of this naturalization processing pressure before the elections, they would start processing the July-aug 2007 I-485 petitions.
more...
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ramboom1
02-05 12:53 PM
To all:
I got my H1B stamping done for 8th year in Nov 2006. When I went to the officer, just before giving my application I told that I am a returning worker. He asked for the paystubs and I gave the original ones. He approved immediately.
I took all the documents as listed in the website as well as the vfs site.
Hope this info helps.
I got my H1B stamping done for 8th year in Nov 2006. When I went to the officer, just before giving my application I told that I am a returning worker. He asked for the paystubs and I gave the original ones. He approved immediately.
I took all the documents as listed in the website as well as the vfs site.
Hope this info helps.
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abh
07-31 11:20 AM
Our case is also in Des Moines,IA
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vdesidevil
12-26 11:29 PM
What if you have to leave the job before 180 days, about after 150 days? When I say you have to that means there is no alternative. Employer-Employee issues. Quite a few folks here might be aware of it. But anyway, I read that USCIS will consider 180 days based on the I-485 'Received Date' and I-140 'Revoked date' will be the date USCIS act on the letter they receive from Employer requesting to revoke I-140 not the date employer will send letter to USCIS. I'm aware that there is no specific guidelines of which date USCIS will consider as 'Revoked date', but I heard USCIS mentioned verbally in many conference that they consider I-140 'Revoked date' as when USCIS act on the letter they receive from employer. Any thoughts?
drirshad
07-13 04:25 AM
Yeah we ll have to wait on this one too, no change yet ....
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html
pappu
05-01 12:56 PM
Does anyone know if connecticut is also amongst the states that dont issue driving license if work permit is 1 year or less?
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