morchu
06-01 04:54 PM
1. Indian passport holders are exempt from the 6-month rule. Link.... I will search when I get time and post.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
2. Regarding intention of permanent residence, see "greg siskind" s explanation on a similar topic (after GC) here: http://www.visalaw.com/06feb1/2feb106.html
http://immigrationvoice.org/forum/showthread.php?p=344473#post344473
Greg mentioned that....
"There are no black and white tests for what will be deemed to be an abandonmnet of permanent residency. Rather, USCIS will look at a variety of factors to determine a person's intent. Financial ties to the US, maintain a US employer, maintaining a residence in the US, keeping a car registered in the US, family remaining behind, etc. can all be evidence."
Hi Morchu,
I searched travel.state.gov with 'six-month rule', but couldn't come up with anything specific to this. Can you please post me the link? And I have an Indian Passport.
Ok, so how can one prove his intention at the POE for GC?
....would appreciate your reply.
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dsneyog
01-15 09:03 AM
You are really lucky! I guess since my application was fresh I could not efile. Or I read many posts about how paper filing is way to go to get faster approvals. I think with USCIS everything seems unpredictable.
I am really hoping that mine comes soon.
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
I am really hoping that mine comes soon.
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
GCwaitforever
06-20 03:02 PM
I have EB2 i-140 approved with PD Dec. 05. I am planning to change the employer.. was just waiting to see if CIR gonna help.. but looks like its not. If I change job now, I will have to do labor, i140 once again!! might be able to maintain PD. .. my question is... I believe that in Octo. 06, new quota for GC will be available. What are the guesses that the PD will become current (at least for Eb2 India) in Octo 06?? Some educated guesses are highly appreciated.
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
Regarding the second question: EB2 India is going to take a long time to come to 2005 PD. I would say, atleast another three years.
The answer to your first question is yes. You can change employers without any impact, by using AC 21 provisions.
Regarding the second question: EB2 India is going to take a long time to come to 2005 PD. I would say, atleast another three years.
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krupa
04-29 03:24 AM
I do not think that you have any issues to work on W2 with an end client or with any other consulting company. Since you have completed six months period with your present employer, who supported to file GC , from the date filing I 485, there should not be any issues at all. Also filing AC21 is optional. If you are on bench your first option should be to find a project ASAP.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
Why do you do not want to file AC21, do you have any apprhencion or any specific reason ?
Regarding your first question : QUOTE [Could any one please answer my questions about my RFE on I 485?]
Many applicants got same RFE. I believe no body knows accurately reason for this type of RFE. There may be valid reason for this type of RFE , that 485 applicant is on bench for a long period , left USA surrendering I94 , Employer might have cancelled H1 visa and even some applicant got RFE without of any of these reasons.
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bindas74
10-30 08:28 PM
Most of the kids of H1B people are attending public schools.
Public school education also public charge according to this.
Read it.
Educational assistance (such as attending public school)
It is "not considered" for public charge
Public school education also public charge according to this.
Read it.
Educational assistance (such as attending public school)
It is "not considered" for public charge
apahilaj
01-15 10:51 AM
8 months is too much...On one hand, we can not apply for H1 renewal before 6 months of expiration and on the other hand they take more than 6 months to process? Do they purposely want to create more complications here? What a bunch of baboons!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
Anyways, is there a way we can convert our regular application to premium processing once it's already filed. I've filed for my extension in Oct 07 and till today no updates...USCIS is making me sick!!!!
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bp333
07-02 11:58 AM
Per the updated bulletin. Can we apply or not apply 485.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
Also, how come they didn't know on May 15th when the moved the dates to 2003..
All of us care is EAD/AP, they can approve the GC when the visa's become available.. why cannot they just take 485s and start processing and then keep it a side until visas are available.
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Desy
11-01 11:14 PM
Wonderful idea... can IV support this too...
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ras
09-19 10:11 AM
That's what I am suggesting. Look back the first reply message. One doesn't gain authority and yell on others just because the person attended the rally.
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GCVictim
07-24 01:22 PM
I just applied I-485 with EAD/AP on July 2nd. my wife also has H1. I am the primary to 485.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
Question:
My wife wants to go for permanent position on EAD. When she will eligible for permanent position? After 180 days or can before?
Please seniors advice on this. because she is going to get contract-to-hire position.
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willigetgc?
11-15 09:14 AM
I'm trying to figure out the reasoning behind Mexico's numbers as well. According to the latest cut-off date tables http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
Mexico has about 5,800 folks total for EB-3 in the queue so far, but we have seen very little movement in the past years. My questions to the forum:
1) Is the slow movement due to so many cases in field offices not yet reported?
2) Do family-based numbers take away from the 7% of 140K visas a year or are these solely for EB?
3) Any idea why movement is so slow for Mexico given the numbers of people currently in the queue?
Theories are welcome.
1. Yes, It is be possible that there are many cases in the field offices that are not counted
2. No, the 140K is solely for the EB category, the FB does not take any visa numbers from EB unless there is more visa numbers available than applicants...........which in the current situation is not true
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chadoubra
06-21 01:24 PM
thank you for the responses. it does seem to be a bit of bad luck. i only have 20 days before my I-94 expires. are they very strict about when it expires or do i get a grace period?
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
for the first option (going out of the country), i need to get a mexican permit to enter mexico and that takes 10 working days to receive. that would leave me with about 1 day in which to fly to mexico and get a new I-94.
for the second option (I-539), that takes 45 days to process, so my I-94 will expire and i wont have a new one yet, even though i've applied for it.
if there's a grace period (is there one??) i might take the USCIS option since it'll be cheaper than flying to mexico.
thanks again for the help.
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yagw
03-16 11:49 AM
I am a primary applicant of GC. My question is can I take an unpaid vacation (for upto 6 months). FYI, My PD is EB3 - Aug 2003.
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
Does that affect my GC status in any way?
If this topic has been discussed earler, pl. point me to a correct thread.
Thanks,
If the company will cooperate with your Attorney in the paper works needed, for any potential RFEs, I don't see a problem. Make sure your Attorney (either your personal or current GC sponsoring company) gets RFE (updated g28 etc).
Also they might ask for copies of your tax returns...
DISCLAIMER: I am not an Attorney and this is not a legal advice
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Shujaat
05-15 07:19 AM
I had my diploma in Mechanical engineering (3 - Years) and B.E. in mechanical engineering. My job requirements were Bachelor's Degree plus five years experience. I don�t remember evaluations agency name now but I will get that for you tomorrow.
Yeah, plz
Yeah, plz
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pappu
01-29 12:51 AM
Could someone here take the responsibility to organize the first confrence call for all TX members? pls get together on a conf call and discuss action items.
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mrsahaayam
09-02 01:10 PM
Hi there,
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
I have been arrested for shoplifting. Finger printed,and produced in court. The case has been dismissed as I did not do it on purpose. I got the document from the court that case is DISMISSED. 1. Is it good to do the "Case Expungement"?
2. Does the port of entry officer sees the arrest even I expunge the case?
3. any other scenarios I might encounter?
Any suggestions are highly appreciated
Thank you
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kshitijnt
10-08 02:34 PM
This is an excellent move by the Indian govt and clearly takes aim at Indian people's contributions to US social security system. I like such bold steps and reciprocal measures.
Anyways going by the current economic trend it seems, Indian PF is much more reliable than US SSA or 401K where you could become bankrupt with your retirement anyday.
Anyways going by the current economic trend it seems, Indian PF is much more reliable than US SSA or 401K where you could become bankrupt with your retirement anyday.
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va_dude
03-25 02:32 PM
so what's the problem here.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
Just work with your attorney and employer who filed your 140 to send them the info/letter they need with details on which client you worked for and when, etc.
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logiclife
07-11 12:32 PM
Then they have 2 choices:
1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)
2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.
1. They have to stay above the DOL's prevailing wage after all is considered. This can be done easily of they let go of their desire to make 40-60% profit margin. Many of them bill the guy at 40-50 dollars an hour(minimum) and then pay him 40-50K. That's 40% profit margin if he is paying benefits like health and vacation time. Cut down on that profit margin and then you can find ways to pay employees for full 12 months a year - on bench or productive - and still stay above the prevailing wages. And make up for loss of profit margin by increasing volume. Which means working harder, finding more capable and billable employees and treating them better for employee retention instead of other usual tactics(which I rather not mention here)
2. If they cannot do that then they should find something else to do where they can make profits without breaking the law.
rockstart
10-29 09:32 AM
Few facts that you need to get clear.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
1) EB2 / EB3 is not based solely on your education/ experience. It depends on job requirements. If you have MS + 10 Yrs exp but the job is say Level 2 Data Analyst (SQL Developer) then it will not qualify for EB2.
2) You can file GC with same employer if he has a opening that requires MS qualification. You need to have qualification before labor is filed it does not matter if you get it while you were employed. This position should be different from your existing job.
If your employer has a job opening for which he cannot hire a citizen / GC holder then you guys can talk to immigration attorney to see if they can file a new labor for you.
ingegarcia
06-15 03:40 PM
Will continue contributing at least till guys stuck in the backlog centers get to file their I-140s.
What about the option
Refiling LC in PERM due to .... changing jobs, etc
What about the option
Refiling LC in PERM due to .... changing jobs, etc
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