fromnaija
07-11 06:31 PM
I am not sure if my previous employer will support, even i am not sure if they have sent a I-140 cancellation request to USCIS.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
If your former employer will not support your GC application and you are not even sure if they already cancelled your 140, then you CANNOT file 485 based on that 140.
As chennai already advised you may have your 140 premium processed.
However, reading back your origiinal post I don't think you can file 485 until your new 140 is approved since you are porting PD. So your PD must be ported to the new 140 successfully and the PD current before you can submit 485. Sorry for the initial confusion.
Can i file 485 through my current employer based on previously approved I-140 as my current I-140 has priority date recapture request.
If your former employer will not support your GC application and you are not even sure if they already cancelled your 140, then you CANNOT file 485 based on that 140.
As chennai already advised you may have your 140 premium processed.
However, reading back your origiinal post I don't think you can file 485 until your new 140 is approved since you are porting PD. So your PD must be ported to the new 140 successfully and the PD current before you can submit 485. Sorry for the initial confusion.
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sobers
07-04 12:06 PM
"It's like living in a holding pattern continuously," said Swati Srivastava, 28, a member of Immigration Voice, a new grass-roots organization of skilled foreign workers pushing for immigration reform. The Internet-based group formed late last year and has about 5,000 members scattered around the country.
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
http://www.latimes.com/news/local/la-me-skilledvisa3jul03,1,1670817.story?page=2&cset=true&ctrack=1
"We work in [the] U.S. legally in high-skilled jobs, but we still get penalized for playing by the rules," Immigration Voice co-founder Aman Kapoor said in an e-mail. "Since no one was working on our issues, we decided to organize."
http://www.latimes.com/news/local/la-me-skilledvisa3jul03,1,1670817.story?page=2&cset=true&ctrack=1
need4gc
09-10 11:08 AM
Come Jan '08 (6 months after the July fiasco) and these companies will learn their lesson hard way. July filers will be able to exercise AC-21 rule to switch employers and most of these desi consulting companies who have no end clients and only supply cheap H1 consultants will have to fold up.
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willgetgc2005
02-14 05:19 PM
Berkeleybee
On a similar note, please see what the President had to say yesterday. These are softer issues, but will help us.
Pls see the link.
http://in.rediff.com/money/2006/feb/14nri.htm
NRI picks top US tech award for Motorola
Aziz Haniffa in Washington, DC | February 14, 2006
Padmasree Warrior, executive vice president and chief technology officer, Motorola, and the driving force behind the company's recent growth and innovative successes, accepted the 2004 National Medal of Technology Award from President George W Bush on behalf of her company at a ceremony in the East Room of the White House on February 13.
Warrior is also responsible for the success of Motorola Labs, the global software group and emerging early-stage businesses of the company. Her operational responsibilities include leading a global team of 4,600 technologists, prioritising technology programmes, creating value from intellectual property, guiding creative research from innovation through early-stage commercialisation, and influencing standards and roadmaps.
She also serves as a technology advisor to the office of the chairman and to the board's technology and design steering committee.
The prestigious National Medal of Technology annual award recognised Motorola for its outstanding contributions to America's technological innovation and competitiveness.
Established in 1980 by an Act of US Congress, this is the highest honour awarded by the President to America's leading innovators.
Ed Zander, Motorola chairman and chief executive officer, said, "All of us at Motorola are honoured to receive the National Medal of Technology from the President."
"This award belongs not only to the talented employees of today but to the several generations of Motorolans who built our heritage of innovation. Given this heritage, we strongly support the President's plan to keep America the world's most competitive and innovative nation," he added.
Warrior has been with Motorla since 1994 and is an alumnus of the Indian Institute of Technology, Delhi (from where she received her bachelor of science degree in chemical engineering). She then obtained her master of science degree in chemical engineering from Cornell University.
"We applaud the Administration for proposing increased investments in R&D, in particular for the National Institute of Standards & Technology (NIST) at Commerce and the National Science Foundation," said Warrior.
"From convergence to mobile Internet to nanotechnology, we must educate, excite and inspire our nation's children about science, technology, engineering and mathematics," she said.
In an interview with rediff.com, immediately after accepting the award, Warrior said, "It's a great honour, I feel really humbled, and I feel very happy for all of our engineers worldwide, because the award is really theirs."
She said being in the company of several other leading scientists and technologists who were also awarded the National Medical of Science and the National Medal of Technology Award, "who made these great breakthroughs in the fields of science and technology was very inspiring to me to be amongst of the company of these people."
Warrior said while giving her the medal at the awards ceremony and also preceding the ceremony "he (President Bush) talked quite a lot to me and asked me if I was from India and I said, 'Yes, I came to the US on a student visa to go to graduate school and then stayed here.' And he said 'we need more people like you. We need more talented people from around the world to come and contribute and help our economy grow and build our innovative strengths to be competitive.'"
She said Bush had also told her that he was looking forward to his visit to India. "He said, 'I am going to India in a couple of weeks and I'll be meeting once again with my good friend, Prime Minister Manmohan Singh.'"Bush in his remarks before presenting the National Medals of Science and Technology, declared, "It is a honour to be in the company of so many bright and distinguished Americans. Each of our honorees has been blessed with talent, and each has used their talent to the fullest."
"The work we honour today has improved the lives of people everywhere. It has helped to move our economy forward and it has helped to make sure that America is the leader of innovation in our world. The medals are our nation's way of expressing gratitude to gifted and visionary citizens."
Bush said that these annual awards "are the highest award a President can bestow for astounding achievement in science and technology. They recognise work that has helped expand the horizons of human knowledge. The National Medal of Science honors those whose research has enhanced our understanding of life and the world around us. And the National Medal of Technology recognises innovators whose work keeps America on the cutting edge with discoveries that change the way we live."
On a similar note, please see what the President had to say yesterday. These are softer issues, but will help us.
Pls see the link.
http://in.rediff.com/money/2006/feb/14nri.htm
NRI picks top US tech award for Motorola
Aziz Haniffa in Washington, DC | February 14, 2006
Padmasree Warrior, executive vice president and chief technology officer, Motorola, and the driving force behind the company's recent growth and innovative successes, accepted the 2004 National Medal of Technology Award from President George W Bush on behalf of her company at a ceremony in the East Room of the White House on February 13.
Warrior is also responsible for the success of Motorola Labs, the global software group and emerging early-stage businesses of the company. Her operational responsibilities include leading a global team of 4,600 technologists, prioritising technology programmes, creating value from intellectual property, guiding creative research from innovation through early-stage commercialisation, and influencing standards and roadmaps.
She also serves as a technology advisor to the office of the chairman and to the board's technology and design steering committee.
The prestigious National Medal of Technology annual award recognised Motorola for its outstanding contributions to America's technological innovation and competitiveness.
Established in 1980 by an Act of US Congress, this is the highest honour awarded by the President to America's leading innovators.
Ed Zander, Motorola chairman and chief executive officer, said, "All of us at Motorola are honoured to receive the National Medal of Technology from the President."
"This award belongs not only to the talented employees of today but to the several generations of Motorolans who built our heritage of innovation. Given this heritage, we strongly support the President's plan to keep America the world's most competitive and innovative nation," he added.
Warrior has been with Motorla since 1994 and is an alumnus of the Indian Institute of Technology, Delhi (from where she received her bachelor of science degree in chemical engineering). She then obtained her master of science degree in chemical engineering from Cornell University.
"We applaud the Administration for proposing increased investments in R&D, in particular for the National Institute of Standards & Technology (NIST) at Commerce and the National Science Foundation," said Warrior.
"From convergence to mobile Internet to nanotechnology, we must educate, excite and inspire our nation's children about science, technology, engineering and mathematics," she said.
In an interview with rediff.com, immediately after accepting the award, Warrior said, "It's a great honour, I feel really humbled, and I feel very happy for all of our engineers worldwide, because the award is really theirs."
She said being in the company of several other leading scientists and technologists who were also awarded the National Medical of Science and the National Medal of Technology Award, "who made these great breakthroughs in the fields of science and technology was very inspiring to me to be amongst of the company of these people."
Warrior said while giving her the medal at the awards ceremony and also preceding the ceremony "he (President Bush) talked quite a lot to me and asked me if I was from India and I said, 'Yes, I came to the US on a student visa to go to graduate school and then stayed here.' And he said 'we need more people like you. We need more talented people from around the world to come and contribute and help our economy grow and build our innovative strengths to be competitive.'"
She said Bush had also told her that he was looking forward to his visit to India. "He said, 'I am going to India in a couple of weeks and I'll be meeting once again with my good friend, Prime Minister Manmohan Singh.'"Bush in his remarks before presenting the National Medals of Science and Technology, declared, "It is a honour to be in the company of so many bright and distinguished Americans. Each of our honorees has been blessed with talent, and each has used their talent to the fullest."
"The work we honour today has improved the lives of people everywhere. It has helped to move our economy forward and it has helped to make sure that America is the leader of innovation in our world. The medals are our nation's way of expressing gratitude to gifted and visionary citizens."
Bush said that these annual awards "are the highest award a President can bestow for astounding achievement in science and technology. They recognise work that has helped expand the horizons of human knowledge. The National Medal of Science honors those whose research has enhanced our understanding of life and the world around us. And the National Medal of Technology recognises innovators whose work keeps America on the cutting edge with discoveries that change the way we live."
more...
krishmunn
02-19 12:46 PM
As discussed above with cyrus mehta's blog: This is all discretionary:
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
My definition f discretionary: "You need a good lawyer which can wrap your sandwich in "golden wrap" and sell it for $45 instead of seeling it in a "brown bag" for $3.75. It's the same sandwich!!" It sounds harsh, but that's the reality when you deal with a demon called "Law and Lawyers".
Simple version: have it worded by a good lawyer to justify it and make it "same or similar". It is the "wrap" that determines the "price".
Good Luck.
Excellent definitiion. and yes that is the difference between a good lawyer and a bad lawyer. Most of immigration related work (GC, H1) is filling forms which even a layman can do, except when it comes to "discretionary" stuff -- that is the acid test for lawyers
howzatt
07-16 02:00 PM
Here is the update we have been waiting for
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
USCIS has announced that on Wed, Jul 18, 2007, from 9:00pm ET until Thur at 1:00am ET, the INFOPASS appointment system will be unavailable for a scheduled upgrade. USCIS customers will see some minor changes to the appointment screens on Thur, Jul 19, 2007. ;)
Thanks. If I read this correctly, it means that everyone is eligible to apply for 485.
more...
raysaikat
07-24 08:48 AM
firstly, thanks for replying.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
I just wanted to be clear about this. So if I maintain my F1 status somehow by enrolling at kaplan/community college and then find a research job which is willing to sponsor for H1B, I can apply any time of the year for this class through non-profit organization/institute of higher education?
do you have any govt. links where I could find more info on this? Any input of yours will be greatly appreciated!!!!
A non-profit organization, such as a University, can hire you any time on H1-B. The job does not have to be a research job.
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needhelp!
03-24 12:49 PM
Thank You Mark! That was great.
Also thanks to the caller Andy.
Also thanks to the caller Andy.
more...
Appu
09-20 09:54 PM
I haven't filed my I-140 yet but I also got a 3 year extension on my H1B. My lawyer, who used to work for the USCIS, says it is not necessary to notify them. She says they often get confused. With one of her previous clients, they actually said "that's OK".
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chandansrs@gmail.com
06-27 05:00 PM
KrishGreen,
Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.
Thanks for your post. Can you give the contacts of the agent that you hired to get the visa stamping done? That would be helpful.
more...
wandmaker
01-02 12:57 PM
What is the exact reason for denial? In spite of your education evaluation as well as letter from the Registrar in India they still dont believe Maths was your major?
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
I was about write the same, good advice.
You should appeal. It can take a few months (4-6) but its not worth letting it go so easily. Try to get a better education evaluation done (try Sheila Danzig, she has helped some folks on immigrationportal.com). Also, ask your attorney why he is confident the appeal will work in your case (ie. what does he plan to present in the appeal that he did not include in the RFE response).
Also, start another LC in parallel if you are about to run out of your 6 years on H1, as a backup (you can get H1 extensions based on this LC while its under appeal, but if the appeal is also ultimately denied, you want to keep your options open)
I was about write the same, good advice.
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centaur
02-09 11:09 AM
Excellent idea.
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
Yes this option is open...the sitiuation is getting ridicilous by the day..lets wait for couple of months so see if SKIL OR CIR take some direction..meanwhile nothin prevents us from preparing
grounds for a law suit!!
more...
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Iamthejuggler
03-03 10:16 AM
It says traditional and scanned, or vector, so i assume PS is fine as long it's vector art.
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RajWantsGC
05-21 11:19 AM
well, USCIS issues EADs based on filed appeals/MTRs, so H1B is not the only solution.
browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?
Thanks
Raj
browncow, thats what I heard from IO in info pass that we can file EAD when appeal/MTR is pending with uscis and I485 is in denied status. Do you know that any has got EAD based on the above scenario?
Thanks
Raj
more...
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kranti_veer
08-13 01:52 AM
looks like vldrao got his GC and took a hike ;)
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
Yea...expect to have Vldrao back after the visa bulletin is out.
Where is mr. rao?
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Illuminae
06-14 02:13 PM
congratulations Soul!!!! :beam:
:flower:
:flower:
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vicks_don
12-14 12:38 PM
You can stay here as your H1 is pending but you should not work. Then you are still Legal. This happened to many students in 04' when H1 ran out unexpectedly quick. As long as you do not work and H1 is pending i think you are legal. That is what finalized in 04'. Correct me if I am wrong.
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ramus
06-14 10:43 AM
Guys,
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
Don't create new thred for every single question you have.. You can find right thred and put it there..
Yes you can file for 485 even though your H1B extension is pending.
Hi,
My 8th year H1 extension is pending with CIS, and my current H1 expires on June 26, 07. Can I file my 485 when my H1 status is pending from CIS?
Please advise.:confused:
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srarao
07-14 08:49 AM
I see lot of mails asking the Core team to come up with some info.
They are also guys like us and they are good to work for us .
If they have any info it is on the site.
Let us not drag them in every discusssion.
Let them do their job.
-Rao.
They are also guys like us and they are good to work for us .
If they have any info it is on the site.
Let us not drag them in every discusssion.
Let them do their job.
-Rao.
meridiani.planum
04-21 05:09 PM
Hi,
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
I am working in US on L1 and my company would start my green card filling in next few months.
I also have valid H1B pettion stamped and can switch to H1B which would mean that I can work freely here at US.
But many of my friends told me that green card processing is faster on L1.
I am not able to make decision whether I should continue working on L1 or change my status to H1 to get better hike and more opportunity.
Pls can anyone tell me which would be wise choice. Is green card processing for L1 visa is faster?
Thanks in advance.
~Greeta
GC in L1 is not faster than H1. Its just that L1-As are typically multinational managers who qualify for EB1, and H1s typically are engineers/worker-bees who qualify for the longer EB2/EB3 Process. So first find out what your category is going to be, EB1 or one of the other two.
If you qualify for EB1, your GC process will be fast (~6 months), if its EB2 or EB3, hunker down for a long (5?10 years?) wait. This is irrespective of whether you are in L1 Or H1.
advantages of H1
- can be extended indefinately past 6 years in 1-3 year increments; once you have a GC going (LC >365 days old or I-140 approved).
- can change employers in the US.
advantages of L1
- if your spouse is on L2, he/she can get an EAD and work.
so main issues with your current status of L1:
- If you have not filed your 485 within your L1 time, you need to change status to something else or return to home country. You cant get the extensions that you can get with H1.
- if you lose your job, if you already had an H1 In the past you can move to that status, otherwise you need to go to home country and then get lucky in next years lottery.
- there are no salary restrictions, so the employer can potentially legally underpay you. With H1 you must atleast be paid the prevailing wage.
So unless you have a spouse that is currently on an L2-EAD, I would think moving to H1 makes more sense. (time in L1 counts agianst your time for H1 and vice-versa)
vallabhu
01-02 01:53 PM
I am in my 8th year extension which is ending in April, My attorney think its 100% win case for one main reason
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
my labor is filed EB3 Skilled worker
he mentioned with in EB3 there are 2 categories Skilled and professional
for EB3 professional USCIS has complete authority to deny based educational requirements and they can define educational requirements based on job profile.
but for eb3 skilled employer has complete discretion of defining edu requirements.
mine was filed in eb3 skilled and ETA clearly says client will accept 3 year foreign degree.
h thinks any second eye would have approved this but it was unfortunate to be processed by a adjudicator who does have comeplete knwledge and does not know difference between eb3 prof and eb3 skilled
his plan of action is to send them evaluations from multiple academies as you guys have mentioned.
and it looks very fishy from the denial letter
denial states I have now taken any maths courses in graduation but course in physics and chemistry in graduation, and one math course in intermediate which is not sufficient.
and maths is mentioned between physics and chemistry we don't know how he could miss that, Intermediate transcripts does mention mathematics.
I can paste exact content of denial by tomorrow.
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