wellwishergc
08-02 02:36 PM
I agree with logiclife. Consulting a good lawyer like Rajeev Khanna or Murthy is the best approach to go forward.
Although perm2gc has many of the questions answered correctly, every case may be unique. There may be possibilities that your brother can still come to US. The lawyer may be able to help you with a legal way of going about it.
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
Although perm2gc has many of the questions answered correctly, every case may be unique. There may be possibilities that your brother can still come to US. The lawyer may be able to help you with a legal way of going about it.
If I were you, I would spend a couple of hundred dollars and do a paid phone consultation with a lawyer, probably a good one at that. And send questions ahead of time so that the lawyer too does his research before talking to you on the phone.
When you decisions can have a lasting effect on your career, you may not want to rely on advice on forums. Members here are not lawyers.
If you do get advice here, then be aware of the chances that it could be not applicable to your situation.
Good Luck.
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pbuckeye
09-02 02:04 PM
[B]
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
I am 100% sure , H4 visa holders cannot work in any position which pays them. It is a violation of the visa.
Does that also apply to a case where the person is employed in another country and getting paid there? What about a case where the H4 holder travels to their home country and works for 3 months at a local company and gets paid for it?
Correct me if I am wrong but I would think the rule only applies if you work and earn money in the US.
desi485
03-24 02:19 PM
Now everything is queued..... no more cutting lines.
no more lc substitution!!! isnt' this was already done last year??? :confused:
were you sleeping? why there is a sudden new thread today?
no more lc substitution!!! isnt' this was already done last year??? :confused:
were you sleeping? why there is a sudden new thread today?
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gconmymind
08-14 12:58 PM
A US company is a US company, be it Microsoft, or Cap Gemini, or whatever. For all you know, you may be working with Oracle's consulting division. Are you considered direct employee for Oracle or from a consulting company?
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
I have friends from Microsoft and Oracle who just got approved after 7 years + in EB2. I also know people from Consulting companies who got approved in 4 years.
I do not think there is any logic or facts to support this argument.
more...
vdesai_8
03-29 12:25 PM
Thanks for sharing!
mikkisu
07-20 12:39 PM
:-)
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vrkgali
12-27 01:34 PM
I would say wait until sulekha.com fills with ads Like "AC21 s welcome"
to invoke AC21.:p
to invoke AC21.:p
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gjoe
08-22 03:03 PM
Demand application numbers by PD , country and category for every month starting from 1998.
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HKK
12-13 12:59 AM
I am going to new Delhi for h1b stamping in few days. While preparing my file for h1b stamping, I figured that my attorney has mentioned wrong SSN on for I-129. Past 4 numbers of SSN mentioned is last four digits of my phone number which is not right. Would it adversely affect my h1b stamping? What should I do? I am going to india after 4 years and I noticed this mistake at last moment. Somebody please help....!!!
I work in an immigration law office, so I know the general procedure.
Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.
Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
I work in an immigration law office, so I know the general procedure.
Suggestion: First, inform your attorney of your intent to disclose this mistake with a state Bar and wait how he deals with it. Do not be afraid. This is due process and you have right to do it. Keep all mail receipts for records and copies of all and ANY correspondence with the attorney. Wait how he responds. Normally, your attorney should admit the mistake and straight things up with USCIS on himself.This is because an attorney can loose a license to practice in his state if he does not fix this after you file a complaint with state BAR. If you receive no feedback, you should inform a state BAR about this to protect your self. Then, go to a different attorney's office and try to work with a new attorney to straight things out. This is serious. Contact me via PM if you need more info. thanx.
Remember: USCIS keeps a copy of each thing you send. So, sooner or later this important mistake may surface and cause you trouble. That's why you need to fix this out.
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abhijitp
12-08 07:20 PM
The sooner you get the stability that your GC brings, the easier it is for you to:
1. stop wasting money on renewing EADs/APs/ extending your H1B's
2. buy a house, stop wasting money on rent, build equity!
3. look for better job opportunities, the sky is the limit if you have the skills!
4. even within your present job, negotiate a better increment!
the list is long... (like you didn't know about it:) ) !
So... invest now in your future and sign up for a monthly contribution!
You know you will thank yourself you did!
I know I know... there is always the inevitable urge for "instant" gratification.... so here is the deal... the next 4 folks who do it and PM me will win a year long subscription to Readers' Digest!
1. stop wasting money on renewing EADs/APs/ extending your H1B's
2. buy a house, stop wasting money on rent, build equity!
3. look for better job opportunities, the sky is the limit if you have the skills!
4. even within your present job, negotiate a better increment!
the list is long... (like you didn't know about it:) ) !
So... invest now in your future and sign up for a monthly contribution!
You know you will thank yourself you did!
I know I know... there is always the inevitable urge for "instant" gratification.... so here is the deal... the next 4 folks who do it and PM me will win a year long subscription to Readers' Digest!
more...
sandy_anand
04-07 09:42 AM
I do not know them personally.. I came across those cases on T.. r. A. c. K. i. T. t. :)
Thanks :)
Thanks :)
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zvezdast
07-02 05:50 PM
There is hope....
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ja258
04-03 11:16 AM
My case was rejected with incorrect fee as reason. But my lawyer claims that the rejection packet did not have the original checks. So, they don't know whose fault it is. Any one with similar issue ?
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
I was just wondering how you resolved this issue. I'm in a similar situation,I mailed the correct fee for sure,but a month later my package was returned with a claim that I sent an incorrect fee. I'm so confused and not sure what to do because I know,in fact I checked the money orders (985 and 85 (biometric)) again and again before mailing it,and I even have a record of the money order now. I don't understand...
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GreenCardLegion
03-25 06:36 PM
My case details below:
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
EB3 INDIA
PD of Jul 2004.
I am still working for same GC sponsoring employer since last 5 years. I still perform the same job title/job duties as mentioned in labor.
My employer had mentioned a salary of 87,000$ in my labor.
My 485 was filed way back in Sep 2004.
My 140 was approved way back in Nov 2004.
I have had 2 FPs done and 1 RFE replied to about 2 years ago. RFE was for EVL & TB Skin test.
2004 W2 – shows 74,000$/yr (Less than the salary mentioned in approved labor which is 87,000$)
2005 W2 – shows 57,000$/yr
2006 W2 – shows 50,000$/yr
2007 W2 – shows 58,000$/yr
2008 W2 – shows 67,000$/yr
Never changed employers nor job titles.
My concerns and questions below:
Q1) Will my 485 approval be affected due to the W2’s as mentioned above showing less way less salary than mentioned in the labor. I still work for same employer with same job duties/title as mentioned in labor.
Q2) Am I safe because GC is intended for future job offer? If there is any issue with me getting less salary all these years than my labor petition then can my employer say the 87,000$/yr salary is after 485 approval? Will this suffice? Or am I in jeopardy here?
Q3) With my EB3-India Jul 2004 PD how much more long do you think I need to wait to see a 485 approval? My FBI name checks are cleared.
Q4) With June 2004 PD/EB3 India do you advise me at this stage after 5 years to switch to CP?
Q5) Would you advise me to start a brand new EB2 India labor and 140 considering my retrogressed eb3 India category and dates?
Q6) I have been on bench for about 3 times (periods of 2 to 3 months) in the last several years witout pay. But I have always had EAD but never used EAD as I had H1B from same GC sponsoring employer. But I always got paid every year more than the prevailing LCA wage for my geographical location? Will this affect my GC?
Thanks.
more...
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anemmani
01-04 01:06 PM
Can someone reply on my question . Please help .
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
My wife got COS from H4 to F1 approved in US. But F1 Stamping in india got denied.
She will come back to US again on H4 visa .
Can she apply again for COS to F1 after coming back in US on H4 ?
nit_sea,
You need to ask yourself the following questions.
Which university/college is your wife going to?
- Some states allow H4 holders to attend university with in-state tuition. Where as F1 requires out-of-state/out-of-country tuition. Without financial assistance this option can be useful.
Does she have an offer for financial assistance from the university?
- She cannot accept financial assistance ( TA/RA kind of employment) from university on H4. I do not know about scholarships and fellowships.
Is she interested in OPT option available to F1 students?
- Spouses of H1B holders will always have a difficult time getting F1 visa at the consulate. Even if she transfers H4 to F1 after coming here, she may have to go through the same experience next time she needs to re-enter United States.
In the end, it may be a good idea to consult an experienced Immigration Attorney for a fee. The fee is well worth the relief the information from the attorney may provide. The answer may not be to your liking, but it will be correct information.
Nag
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gccube
04-08 12:28 PM
started the papar work with the attorney already.
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h1bnogc
08-30 06:51 AM
The officer can only look at the current I-797, cannot give an i-94 as per the future I-797. The other posters were correct last action rule does apply, however in my interpretation of the last action rule since your I-797 is not effective until November 2009 and your entry was before that, your last action in this case will be the latest I-797 and it will therefore be valid. In my opinion the Officer was correct in informing you that their is no problem for you to use your latest I-797 once the old one expires. Make sure you don't have a gap in the dates between the expiry of the old I-797 and start date of the new one.
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
Thanks for taking time in responding to our queries.I understand this is old thread, still questions are same It looks like in this travel scenario, extension of stay makes thing more complicated than h1b transfer because of start and end date of extension and travel date.
It appears that if POE officers gives new I94 based on future I797 or old I797, as far as there is no gap, it is ok.
How about there is overlap? let say new I94 issued by POE officer expires Oct 10 (current H1B expires sep 30 + courtesy= 10), one attached with extension of stay approval start Oct 1. Is this a problem (last action rule or anything else)?
thanks for your response...
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Raju
07-04 09:32 PM
My state in four lines
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
1) Came to US on F-1 Visa, never completed my masters
2) Shifted to H-1B and i have been with the same client and havent been to India for four years.
3) Now i am doing part time MBA from a top Ivy league school and i have $40,000 in loans from my MBA. i have not finished it as yet.
4) Applied for labor and priority date is Jan 2007 and i wanted to apply for 1-485 and AP and Skip H-1B stamping
But because of the july 2nd i cant do that anymore and i will have to go to H-1B stamping. I wonder what will happen if my stamping gets rejected. If dont attend classes for 4 months. My student loan will start asking for monthly payments. I am in a quagmire.
But still i have decided that i will go to India in any case and if payments become overdue for more months. I dont know what to do.
I had so many hoped on the current numbers . Any idea guys what can i do?
Dont panick man. Your should not have a problem with H1 stamping!
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belmontboy
05-26 08:03 PM
just now finished taking an appointment to chennai consulate. while it was painful, i didnot get any errors like you mention.
you need to save and submit the application.
it then takes you to a page where in you need to confirm how you want to receive the passport
once you select that you need to click on "continue" which will then take you to calendar where you can choose your specific dates.
i used IE
btw, make sure you type all addresses in one liner. if you try to indent [splitting in multiple lines] it doesnot showup in pdf form [shows only first two lines]
you need to save and submit the application.
it then takes you to a page where in you need to confirm how you want to receive the passport
once you select that you need to click on "continue" which will then take you to calendar where you can choose your specific dates.
i used IE
btw, make sure you type all addresses in one liner. if you try to indent [splitting in multiple lines] it doesnot showup in pdf form [shows only first two lines]
waitingnwaiting
12-06 08:54 AM
Facebook offers Rs 70 lakh job to IITian - The Times of India (http://timesofindia.indiatimes.com/tech/careers/job-trends/Facebook-offers-Rs-70-lakh-job-to-IITian/articleshow/7041790.cms)
Facebook offers Rs 70 lakh job to IITian
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNjLY3d)
CHENNAI/MUMBAI: Facebook on Friday recruited one of its addicts from India. The website, which recently logged its 500 millionth active citizen, made an offer of about Rs 70 lakh for a posting in the United States, which has created a buzz on all IIT campuses where annual placements are on.
In the last three days, no other company, domestic or foreign, has come close to offering this kind of a compensation package.
While Facebook is still interviewing more IITians, the student in question, who gives his name as DKS � he is to graduate from the school of computer science and engineering at IIT-Kharagpur in 2011 and doesn't want his full name to be revealed � has received a '' join-us'' post from the website.
On his wall, DKS announces how he is hooked to Facebook, which cuts his day by half. He now knows that the social networking site, known as the Big Boss of the web-world, will eat up his days.
On the offer letter, officials from IIT-Kharagpur said Facebook offered a starting salary of $90,000, a relocation bonus of $10,000 and a one-time signing amount of $25,000 to the 21-year-old from Jamshedpur. But on the Kharagpur campus, students said DKS had also been offered ESOPs and the entire offer translates to about Rs 1.7 crore.
However, sources in the placement cell did not confirm this. DKS, whose father is a government employee, has in his time at IIT interned as a research assistant at the University of British Columbia and at Microsoft India.
Interviews were on till late Friday at IIT-Madras where Facebook shortlisted 10 students. But, after several rounds of interviews, it did not select anyone from IIT-Delhi. Close to 30 students were placed from IIT-B on Friday.
At IIT-Madras, the highest domestic offer on Friday came from Transocean, which offered Rs 28 lakh and the high point of the day was when Intel offered positions to 30 students.
At IIT-B, Tower Research which offered jobs to six students, was among the high paying companies. Several financial institutions � Goldman Sachs, Bank of American, Deutsche Bank, Citibank, Capital One � have made a come back after lying low in the recessionary years.
N Ramesh Babu, adviser (training and placement), IIT Madras, is both excited as well as in a dilemma of sorts with 250-odd recruiters comprising a mix of old and new economy having lined up in close slots till end-January 2011.
''We are in a position where, say, after 20 days you may not have enough students for recruitment. We have not been able to give dates for some companies.
Most companies which hire here, will also be going to the other IITs,'' he said. In the last two days, IIT-Delhi too has seen 110 students being offered jobs
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNmHU7H)
Facebook offers Rs 70 lakh job to IITian
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNjLY3d)
CHENNAI/MUMBAI: Facebook on Friday recruited one of its addicts from India. The website, which recently logged its 500 millionth active citizen, made an offer of about Rs 70 lakh for a posting in the United States, which has created a buzz on all IIT campuses where annual placements are on.
In the last three days, no other company, domestic or foreign, has come close to offering this kind of a compensation package.
While Facebook is still interviewing more IITians, the student in question, who gives his name as DKS � he is to graduate from the school of computer science and engineering at IIT-Kharagpur in 2011 and doesn't want his full name to be revealed � has received a '' join-us'' post from the website.
On his wall, DKS announces how he is hooked to Facebook, which cuts his day by half. He now knows that the social networking site, known as the Big Boss of the web-world, will eat up his days.
On the offer letter, officials from IIT-Kharagpur said Facebook offered a starting salary of $90,000, a relocation bonus of $10,000 and a one-time signing amount of $25,000 to the 21-year-old from Jamshedpur. But on the Kharagpur campus, students said DKS had also been offered ESOPs and the entire offer translates to about Rs 1.7 crore.
However, sources in the placement cell did not confirm this. DKS, whose father is a government employee, has in his time at IIT interned as a research assistant at the University of British Columbia and at Microsoft India.
Interviews were on till late Friday at IIT-Madras where Facebook shortlisted 10 students. But, after several rounds of interviews, it did not select anyone from IIT-Delhi. Close to 30 students were placed from IIT-B on Friday.
At IIT-Madras, the highest domestic offer on Friday came from Transocean, which offered Rs 28 lakh and the high point of the day was when Intel offered positions to 30 students.
At IIT-B, Tower Research which offered jobs to six students, was among the high paying companies. Several financial institutions � Goldman Sachs, Bank of American, Deutsche Bank, Citibank, Capital One � have made a come back after lying low in the recessionary years.
N Ramesh Babu, adviser (training and placement), IIT Madras, is both excited as well as in a dilemma of sorts with 250-odd recruiters comprising a mix of old and new economy having lined up in close slots till end-January 2011.
''We are in a position where, say, after 20 days you may not have enough students for recruitment. We have not been able to give dates for some companies.
Most companies which hire here, will also be going to the other IITs,'' he said. In the last two days, IIT-Delhi too has seen 110 students being offered jobs
Read more: Facebook offers Rs 70 lakh job to IITian - The Times of India IIT student gets Rs 70 lakh job offer from Facebook - The Economic Times (http://economictimes.indiatimes.com/news/news-by-industry/jobs/IIT-student-gets-Rs-70-lakh-job-offer-from-Facebook/articleshow/7040500.cms#ixzz17LNmHU7H)
alex77
10-07 04:55 PM
Folks, Please let me know if anyone knows where to send G-28 form if one wants to revoke attorney and be one's own representative?
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