BharatPremi
12-07 11:59 AM
Hi!
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
I have a question about wether a person with US Masters can qualify for EB1 category? Please comment.
I know generally people with such qualification fall into EB2 category. However, does years of expereience and say Patents qualify you to be considered as EB1?
Thanks for reading this thread and commenting.
In theory, About our own "genuine" educational qualifications We can all discuss this all our life. BUT our educational qualification is SECONDARY for any EB based GC process. The first and foremost qualification is your employer
"should have such a position where EB1/2/3 hiring is must" OR be willing to "create such job position". Then your "Genuine" or "Created" educational qualification and/or "prior work experience" comes into play.
So it is possible that you may come across more advanced people rotting in Eb3 category as they might have choosen "Genuine" way and their employer "could have only Eb3 requirement" while s/he had to file GC and "not willing to create" any acomodative position/s.
And you may also be able to see dumb ones as far as "Genuine educational qualification" is concerned but street smart already having GC based on EB1/2 and perhaps sarcasticlly laughing towards us. Now that does not necessarily mean all EB1/2 are dumb ones and street smart OR viceaversa. And that does not mean all EB3 are "genuine ones" and Viceaversa.
Frustrating? Isn't it? Welcome to the GC world.. Bottomline, it is all about what your "Employer wishes and how s/he wants to proceed and what level s/he can accomodate your "needs" "....
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thomachan72
06-18 07:25 AM
But for filing the 485 (US green cared last stage) you need to be physically present within the US and it will be difficult to comute across the border at this stage. This is a very complicated issue and you can never predict the outcome. However, apply both and stay in canada now. Try to complete the 2 year requirement in canada and then you can move back to the US and file the 485. Another thing I heard is if a canadian company hires you and places you in a US location, you can stay in the US and claim years of residence towards the canadian PR, because you are being paid in canada (something like that). If that works then at the same time your LC can be done here. then if dates are current 140 and 485 filed concurrently.
Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.
Anyway lot of us might be thinking about this approach and lets wait for more replies and more clarity.
GCFISH
11-29 02:59 PM
1. Canadian Consulate General (payable to)
2. You can pay in both currencies (USD and CAD)
3. Yes, Buffalo
2. You can pay in both currencies (USD and CAD)
3. Yes, Buffalo
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gxr
10-12 09:50 AM
Naresh/Libra,
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
What was the LUD on your I-140 before you got the RFE ?
In my case, the RD is 10/06 and LUD is 10/26/2006. But, no updates after that.
gxr
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laborpains
03-17 10:03 PM
First check with the school if they will allow you to attend on EAD. I'll like to know what you finally decide. I was in a similar situation 3 yrs back and decided to go part-time instead. Finished the program and my gc is still pending :(
Hope things work out well for you.
Hope things work out well for you.
shirish
10-02 11:14 AM
I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.
I am bit confusedon this though.
I am bit confusedon this though.
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nrk
10-26 11:38 AM
Is there is any way can we see the data.
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
i think they are going to do it every quarter. i am thinking that the results in the aug 2009 file were third quarter FY 2009 data. so i am thinking that the data as of sept 2009 will be out in Nov. any other predictions?
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nixstor
02-23 10:48 AM
H1B's are Resident aliens for tax purposes. USCIS and IRS use different terms.
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gc_on_demand
06-16 09:33 AM
Please call lawmakers. We have full commitee hearing on 23rd and then soon we will on floor for voting. If we wont call then it may not make it to floor. For details go to home page.
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ChainReaction
04-18 07:09 AM
www.immigration-law.com
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
04/18/2006: Bi-Specialization and Reshaping Service Centers Processing Times Report
The bi-specialization initiative that went into effect on April 1, 2006 is expected to bring about the changes in the Service Centers processing times report. The latest reports have already reported the following two changes in I-140 petition processing times report:
California Service Center ceased reporting I-140 processing times
Nebraska Service Center I-140 petition processing times have jumped remarkably since the April 10, 2006 report as follows:
04/10/2006 Report 04/15/2006 Report
EB-1A 10/01/2005 03/01/2006
EB-1B 11/12/2005 03/01/2006
EB-1C 12/17/2005 03/15/2006
EB-2 12/10/2005 12/15/2005
NIW 12/10/2005 03/15/2006
EB-3 10/16/2005 02/15/2006
EB-3EW 01/15/2006 03/15/2006
Schedule A 12/17/2005 02/01/2006
Texas Service Center I-140 petition processing times was already January 2006 in April 10, 2006 Report. It is likely that TSC I-140 processing times may also reveal some changes in the next report.
We will keep watching the development and effect of the bi-specialization program. The next review will focus on EB-485 processing patterns in these Service Centers. Please stay tuned to this web site.
Speedy processing times will help some of the recent PERM application filers whose H-1B approaches the six-year limit and who cannot apply for extension of 7th-year extension of H-1B for failure to prove 365 days pending labor certification before reaching H-1B six year limit. Since the PERM applications are nowadays adjudicated in about three months and I-140 petition adjudication takes between two months and three months, they will be able to apply for three-year increment H-1B extension if their visa numbers are retrogressed. Late starters of PERM applications should consider two options to extend their H-1B extension beyond six years while they wait for the visa numbers: One is overseas trips and recapture of H-1B times abroad. The second is prompt processing of I-140 petitions and filing of three-year increment H-1B extensions.
more...
Lucky7
12-04 01:25 AM
I have been waiting since April 2001 for LC EB3 (India) and 4 weeks ago my Attorney calls me up tells me to see him ASAP.So i think Recruitment Instructions finally (LC was filed TR).
Wrong it turns out it is a Analysts Review and they come up with 3 problems:-
1. Job description 2 restrictive and tailored to applicants education and experience.
2. Applicant cannot claim job experience with same employer for job titled offered.
3. Wage is too low,currently making $54.00 an hour,they want $92.00 an hour.
So after addressing the job description and job experience issues and finally get my employer to agree to wage issues and we fax the paper work before the deadline.Have not heard a single thing for close to 5 weeks now.
Are any of you guys having problems with this issue and if so how long after did you get RI.If i dont get LC certified by end of 2007 i think any body with 2003 or earlier PD should file a class action lawsuit against DOL.
Also what happened to DOLs promise to start a date processing guideline,which was supposed to start 1st December 2006,so we would now if it was worthwhile to change from TR to RIR.
Wrong it turns out it is a Analysts Review and they come up with 3 problems:-
1. Job description 2 restrictive and tailored to applicants education and experience.
2. Applicant cannot claim job experience with same employer for job titled offered.
3. Wage is too low,currently making $54.00 an hour,they want $92.00 an hour.
So after addressing the job description and job experience issues and finally get my employer to agree to wage issues and we fax the paper work before the deadline.Have not heard a single thing for close to 5 weeks now.
Are any of you guys having problems with this issue and if so how long after did you get RI.If i dont get LC certified by end of 2007 i think any body with 2003 or earlier PD should file a class action lawsuit against DOL.
Also what happened to DOLs promise to start a date processing guideline,which was supposed to start 1st December 2006,so we would now if it was worthwhile to change from TR to RIR.
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texcan
01-17 09:13 AM
There is no difference in filing taxes when you were on OPT vs H1B (by this I mean there are no different forms). When you were on OPT, Social Security and Medicare should not have been with held from your paycheck. If it was, then you need to ask for refund of those taxes from the employer who with held that tax. As far as Cincinnati and Chicago are concerned, nothing special to do for Federal Income tax. However, for state income tax, you will have to file income tax for both Ohio and Illinois as part year resident.
Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.
very well said about taxes for OPT/H1.
you should check on state taxes for chicago and cinci....
I have used HR block, and their services are pretty good.
Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.
HTH
Having said the above, it is your choice to go to a tax consultant or do it on your own or to use Turbo Tax. If you want 100% peace of mind, go to a good accountant. If you want to save money and you think you can handle things on your own, go through all the instructions on all the forms and file it on your own. If you want a little bit of both - you can use Turbo Tax or any other tax software to file your taxes. If you are single, don't own a home and you think yours is a straight forward case (no deductions for work related expenses, medical bills, etc) - you should pretty much be able to do it on your own.
very well said about taxes for OPT/H1.
you should check on state taxes for chicago and cinci....
I have used HR block, and their services are pretty good.
Last year a friend of mine user HR block, he was in situation where he worked in a different state (OPT/H1) for few moths and then he moved to another state. Long story short, he got a letter from state he was living in earlier regarding state tax discrepency.
Surpringly H&R block came thru and did not charge for extra services, rather H&R paid $60 in late fee charges, citing reason that it was their mistake in the first place.
HTH
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ps57002
07-18 12:06 PM
There's no need for you to be negative.
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
Obviously you have benefitted already from what's happened. Think about people who are stuck (just as you were up until recently) and want to 'try' to make things work for them too....
wish people were more understanding of others also. Why is it people forget what it was like for them when they were in same boat?
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silveroaks
10-03 10:37 AM
They do the same n FL and whats worse....they only issue temporary license that expires every year.
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shivaz90
07-16 10:40 PM
It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.
Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.
Sheikh - couldn't agree more here with you.
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Well .. lets think for a second before trumpeting our victory here. And Victory, I mean is not achieved by one group over the other. Various groups and parties have put in thier efforts to find a resolution and to cast blame on one another is playing some childish games.
Lets leave out our passion for a second and think "logically" for a second - which one of this scares the s*** out of the USCIS people here - flower campaign or a Class action lawsuit by bunch of immigration lawyers? I am not doubting anyone's efforts here - but to say that we have achieved victory here is too early, too short sighted and blaming other groups for not doing much is silly. As much as the flower campaign help spread the word among the media of the plight of legal immigrants - the proposed lawsuit has made USCIS tremble in thier pants.
Sheikh - couldn't agree more here with you.
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chanduv23
04-21 10:10 AM
We moved from NYC to Houston back in September 2009. If you want to talk, please send me a private message.
Where r u moving from?
Where r u moving from?
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amitjoey
07-13 07:57 PM
Great Job! amitjoey...
added to your reputation..
Thanks tikka
added to your reputation..
Thanks tikka
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gchopes
08-04 01:20 PM
She applied for second AP before travelling. My question is does she have to return before first AP expires OR can I mail her the second AP when it gets approved?
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GC092003
04-18 11:33 AM
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
Please give me your advice.
ivgclive
04-21 01:31 PM
There was lot of talk in the past about lawsuit against USCIS against Porting and moving dates slowly etc.
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
Has anything been done yet?
This is something like filing a law suite against Manmohan Singh for having inefficient ministers under his goverment.
Hire a top attorney, paying him half of your earnings to get an answer from the court saying that "thats how things work".
morchu
04-21 01:35 PM
See my answers below:
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
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