texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
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fromnaija
01-11 02:58 PM
What would happen if the labor is approved and I-140 is pending and you have to apply for your 7th/8th year extension? I think this could happen to many people who are getting yearly extensions as nowadays it is usually taking 6 months to get your H1 approval/I-140 approval.
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
As msp1976 pointed out above, attached your 140 receipt and ask for three year extension.
ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
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IAspire
02-21 02:30 PM
I am from India.
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indyanguy
11-06 08:31 PM
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
If I stay with my GC sponser, can I then port the date? If so, when am I free to leave the company? Is it after the EB2 I140 is approved?
Thanks!
ThackeG67
08-08 07:56 PM
Definitely illegal..that must be taken into legal action.
more...
nda050325
02-12 01:07 PM
Hi KaylaMarie,
I will answer your questions to the best of my knowledge:
======
Hi All,
I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).
I am very new to understand the rules and regulations and seek help from experienced folks here.
1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?
ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?
2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.
ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.
3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.
I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.
If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.
ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).
Good luck with your trials.
I will answer your questions to the best of my knowledge:
======
Hi All,
I am currently on h4 visa and have been searching for a h1 sponsorer to do h1 workpermit visa in the coming april 2009 lottery (if there is one).
I am very new to understand the rules and regulations and seek help from experienced folks here.
1) If i file a non-profit h1b visa , i was suggested that i can work immediately, is that true?
ANS: Not sure on this, but have you checked if you can get a non-profit h1 visa sponsor in your field of interest (biotechnology)?
2) If i file a normal h1b visa, now in the april 2009 lottery, is it ok for me to go back to home country after filing the visa, because even if it gets selected and approved in lottery i can work only from oct 2009 right, so what happens if i go to home country, how can i get stamping because i have not yet started work and will not have any pay stubs.
ANS: You dont need to worry about paystubs since you are autorized to work only after 1st october. You would need a stamping to reenter US.
3) I have been searching monster, indeed etc to find a sponsorer for my visa, i attended 2 interviews till now and cleared them too but when it comes to work permit they are not willing to do h1 for me. I have lost all hopes and posting here to find out if there are any companies who are willing to do h1b.
I am not in software field, i am in to bio technology and i am looking for the post of clinical research coordinator or clinical research associate CRA , CRC.
If any of you know any company which does h1b for CRA, CRC it would really be helpful if you could post me the link of the company here.
ANS: Like you yourself wrote, this question is best addressed in a job seeker forum. But You should also realise the current state of the US economy (3.6 million jobs lost so far in the last 14 months).
Good luck with your trials.
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Shenner
06-04 06:19 PM
We have been seeing a lot of these as of late. For example, I represent many companies who are actually agents; ie, a staffing agency who places speech therapists or nurses. The USCIS is now seeking to show that the beneficiary is actually on payroll and that the staffing company is in existence and that the location where the beneficiary will work is actually in existence. They have also been asking for copies of the contracts between the staffing agency and the place where the alien will work. Although it seems like they are asking for a lot, it does make sense in light of the immigration laws for H-1bs. A lot of abuse went on in the past in this visa categories espcially with staffing agencies etc. They would bring in nurses, etc. and then not place them anywhere! These people would pay and get a visa, enter the US, and when they reported for work were told there was no job for them and then they had no place to go. I believe it is in response to these abuses why we are seeing this now.
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andr.in
10-05 03:03 AM
omg lositnbeta, that's cool! I just got photoshop so I'm a beginner! But that pic is so cool! I like the flash in the center!
I'll see if I can come up with something in 3DS MAX!
I'll see if I can come up with something in 3DS MAX!
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indyanguy
06-07 07:32 PM
any help?
more...
nomi
04-20 09:33 AM
Does any one have any input or suggestion?
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
Why don`t you ask your Attorney about it since you are paying him and that`s his job to tell what documents he needs. ASK HIM.
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Jaime
09-14 11:55 AM
Guys, chanduv23 is ABSOLUTELY RIGHT!!! We stand to lose a lot if we don't stand up for our rights!!
It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???
WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!
We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
It's easy to let others do the job for you. Does that sound familiar? Don't many of our employers use us on H1 visas that way? Taking advantage of the situation to get more for less or nothing??? ARE YOU GOING TO BEHAVE IN THE SAME MANNER, ESPECIALLY WITH YOUR FELLOW FRIENDS-IN-STRUGGLE, FELLOW IMMIGRANTS???
WAKE UP GUYS! If we keep saying that we need you it is because YOUR PRESENCE WILL MAKE A DIFFERENCE!
We look forward to helping anyone who needs any kind of assistance. Unless you had a business trip scheduled, or have a medical emergency. THERE IS NO REASON NOT TO ATTEND!!!
LOOK IN YOUR HEART, RIGHT NOW
more...
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rrkany
10-20 08:58 AM
On a different note, how safe it is to go for Visa stamping in Canada. My visa stamp in passport expired last year, my H1B is valid untill end of 2007. Will it be ok to go to canada for visa stamping at this stage. Please let me know if anybody has any good/bad experiences with this process.
Thanks
Thanks
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saibabu_d
08-03 10:06 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
more...
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IAspire
02-20 11:54 PM
Hi All
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
I am very confused with the entire Green Card process. Any help will be much appreciated. I will give a background.
I have an experience of almost 6 years and work in an reputed Indian IT firm on H1B for a US bank. I am working in US on H1B for past 4 years. My wife is doing an MBA from a reputed US university on H4 visa.
What Employment Based Green Card category am I eligible for? How long does it take to get EAD approval from the beginning of the process? Can my wife work only after the EAD is approved?
Regards
IAspire
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CaliHoneB
09-21 10:50 AM
After 7 + years of wait time I am thinking just sticking to the rules(or not using creating solutions like buying labor, porting etc not that I am judging any one) may not help me get GC in near future. Previously I thought may be it will take some extra years but ultimately I will get my GC but with latest USCIS misallocation of numbers for last year it seems getting my GC is simply a moving target.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
I am proposing a solution which could be relatively easy but it does need help from USCIS and should not cause any major backlash (except from a few Eb2 folks). It is relatively easily implementable and I believe it is well inside current laws so nobody need not worry about breaking the law.
The solution is simple
Eb2 = B.S+ 5 years of experience or M.S degree
So the current Eb3 folks who accumulated 5 years experience since filing the LC are asked to apply for consideration of Eb2 category and USCIS has discretion over whether it can be granted (or LC is recertified as Eb2)
I am sure a lot of folks had thought about it and probably mentioned it but what I am proposing is to include USCIS in the discussion on how to achieve this. I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
I am sure USCIS also understands that the laws are archiac so may be it is willing to help administratively. I am drawing this conclusion based on how it acted during backlog elimination centers..a lot of people were cleared using RIR in the end days and I am sure USCIS overlooked a few things there because those people deserved those labors and it wasnt their mistake for the massive buildup.
Similarly Eb3 folks are not responsible for all the Visa number wastage which would have alleviated this problem and the responsible party (USCIS) may do something in its power to correct this.
The beauty of this the porting Eb3 applicant will always be behind Eb2 by 5 years and gains 5 years experience to be eligible for Eb2. If Eb3 has enough numbers this is non issue but in case (just like now) Eb3 is falling behind there is an option to port it to Eb2 after 5 years of waiting.
I know it is a wishful thinking but I see this as a most practical solution on the table.
more...
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bugmenot
12-05 02:48 PM
i think neither will increase, the economy is belly up
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
though i feel lots of h1bs will go unused coz of lack of jobs to fill em up
2010 is when maybe this might happen
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Pallavi79
02-15 09:28 AM
<quote>In light of the bill that has been passed which doesnot allow forfresh H-1 B as well as H-1 B renewals</quote>
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
there is no such law. I understand now a days frequent RFEs. But you can take it easy as long as you have job.
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psaxena
06-25 02:33 PM
Please suggest the best time suitable for everyone for the conf call, today evening or tomorrow anytime.
Excellent initiative ! Let's do it !
Excellent initiative ! Let's do it !
beautifulMind
06-29 11:24 AM
Thanks
raysaikat
07-13 01:27 AM
Hi
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
My wife is on H4 and is planning to convert to F1 before joining graduate school to get scholarship. At same time my PERM is filed and once approved i was planning to use cross chargebility to file under my wife country of birth quota (UAE). i wanted to know following
a) if she applied for conversion for F1 today, can she get scholarship before she gets ssn or she has to wait till she gets ssn
The school cannot pay her stipend unless she has SSN. They might still be able to waive tuition, though.
B) If during her F1 processing time or grauate studies on F1, if my PERM gets approved, can i file for I-140 and I485 using cross chargebility with her being on F1 or i would have to wait for her to conert to H4? If there any risk to our green card processing
You can file I-140/I-485 while your wife is in F1. There is no risk to the green card processing. However, applying I-485 for her might end her F1 and put her into AOS (you need to ask lawyers for this; it is a bit unclear and I have seen contradictory responses).
C)If she continues on H4 visa, can she still get scholarship?
If the scholarship requires her to "work" (for example, being a teaching assistant or research assistant), then most probably no since persons with H4 are not allowed to "work". However, if the scholarship requires no "work", then she may be able to do so while being on H4.
I think the test is if she has to pay taxes for the scholarship money. If yes, then she cannot do so on H4, otherwise she may be able to do it.
if not once she graduates would she be in special US master degree quota for H1B?
Any help on these would be great
Thanks
Once she gets a master's from a US university, regardless of her status while she was in the university, after graduation she will be eligible for special H1-B quota (if it still existed that time).
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