slowwin
05-28 07:10 PM
.......you can work for a private for-profit enterprise too. But you should be able to satisfy the usual test for NIW such as Intrinsic merit, National interest etc(google the criteria).
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.
I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.
thanks,
slowwin
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
If in the field of your work you have created an imapct which is national in scope, you have achieved academic distinction, have papers, citations, patents etc and can produce recommendation letters from your industry stalwarts... then NIW can be justified.
I am not an attorney.., ;) but I did the justification for my wife's self petition successfully. It worked for her, but may not necessarily hold up for every one. I think individual cases need to be evaluated for suitability and probability of success.
thanks,
slowwin
Without a job offer from a national lab, it makes it hard to say why I want to skip the labor certification. Companies that need work of national interest now first ask for a green card before they give a job offer in a chicken and egg game. That I am nearing the end of 6-ye H1B may not be good enough reason to bypass labor. The most reasonable argument I can think of is that my stopping work will harm US national interests and no one else can do that work because I am special. What do you think?
axp817
06-15 01:10 PM
I see no risk in this, unless he is also on an H-1B visa. The H-1B requires him to always be employed, and being on the bench (not getting paid) would be a violation of those terms.
But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.
Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.
Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
needhelp!
11-07 05:07 PM
bump..
needhelp!
11-05 06:27 PM
..
more...
anurakt
10-20 04:43 PM
EB-2 is the investor visa offered. You can renew every year without any time limitation. But this is purely a non-immigrant VISA. You can not get a GC from this. Of course, being on H-1B creates a conflict with this. So let your H4 spouse take advantage of this and let him/her build the business and then switch to EB-5. As a dependent, you will also get the GC.
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
EB-5 GC is conditional for the first two years. You have to show $1 Million non risk-free investment and employment for 10 full-time employees through your company returns for past two years at the end of conditional GC and apply for renewal. Then you will be offered a non-restrictive GC.:)
So can I take a loan and open a business to get EB-5 green card ??
chanduv23
08-03 11:10 PM
Please navigate to the following threads and do the action items
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
http://immigrationvoice.org/forum/showthread.php?t=11694&page=2
http://immigrationvoice.org/forum/showthread.php?t=11962
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desi485
06-08 03:04 PM
Mahindra has been selling farm vehicles, tractors and stuff, in the USA for quite some time now. I doubt if you want to buy a tractor.
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
http://blogs.cars.com/.a/6a00d83451b3c669e2011570a0091a970b-800wi
Yeah, they do sell tractors and have second highest market share. However I was talking about their pickup and SUV going to be introduced in next few months.
The derogatory comments, everytime some one talks about vehicle made in india (or any third world country) by readers motivates me more to buy one.
http://news.pickuptrucks.com/2009/05/mahindra-pickup-still-coming-in-2009.html
cchaitu
11-06 04:19 PM
The question is: is a copy of I140 is that important to use AC21 . From the posts on IV forums I got the impression is you dont even need a copy of I140. The important thing is to apply for change of attorneys immediately after changing the job. If you get any RFE - you will get on the employment verification - then you need to show you have a job that is same/similar as the one in labor certification. If you know the job description (generally most employers attorneys share this info to make sure that you have relevant experience) then make sure your new job is same or atleast mostly similar.
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
In your two options you mentioned using EAD for one job and H1b for another. I read somewhere that this cannot be done (I dont have the link but I think this is from Murthy chat). Once you use EAD your satus will change to 485 waiter with EAD - seems like you can change back to H1b - but having two statuses at the same time is not possible. This is my understanding based on forum reading (not a lawyer).
Thanks Kishdam for your quick reply
more...
perm2gc
12-22 01:49 PM
It is required of all irrespective of citizenship status to respond to a Jury summons. Not responding is considered contempt of court. The court can issue an arrest warrant for you..Always respond to the Jury summons....
What happens in someone is not at the address and he does not receive any communication regarding the jury duty.
What happens in someone is not at the address and he does not receive any communication regarding the jury duty.
ItIsNotFunny
04-17 09:01 PM
the problem is if it works
Me too! But this can only happen in dreams :p
Me too! But this can only happen in dreams :p
more...
GVR
02-01 01:19 PM
I completed the landing process in mid-Dec. We entered Canada by road. One advice - do not complete any of the forms, the Imm officer would do it in your presence. In our case, there were no issues/ questions related to the fact that we were providing a friend's address for mailing the PR card. We received the cards two days ago.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
Do make sure you have the required docs to return to the US! You are right, the immigration processes are simpler and more straightforward in Canada, compared to those in the US.
I am planning to drive to Canada. I have the paperwork Canadian embassy sent me.
I'll fill this paperwork and the list of items to be brought in later. Possibly answer
any questions the officials at the POE ask. Anything else at POE that I need to do?
After passing POE into Canada, possibly into a city, do I need to register at any office saying I landed? I am planning to come back very next day after landing.
This going back and forth the POE to get Canadian PR status seems to be way too easy for immigration ;). Hence my concern.
Please advice.
validIV
03-25 01:09 PM
Iam actually not out of status...i will be instatus for 2 more months ....
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
If my dream of concurrent in 2009...i will be glad to apply 485.
Thanks
You are H-1 and unemployed for 4 weeks? How are you in status?
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pa_arora
07-17 01:03 PM
PDF of the case-
http://www.ilw.com/immigdaily/cases/2008,0711-shirmohamadali.pdf
http://www.ilw.com/immigdaily/cases/2008,0711-shirmohamadali.pdf
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
more...
loudoggs
11-29 06:36 PM
In my opinion, honesty is the best policy. This was 6 years ago and if you have a clean record ever since, you should be ok (according to me). You committed a mistake, admitted it and learned from it.
On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.
You have to make the choice. Good luck.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
On the other hand, if you do not declare the conviction and they find out somehow, then that is a certain denial.
You have to make the choice. Good luck.
I am an F1 grad student - I was planning on going home this winter, and while there I would have to renew my visa so as to be able to re-enter the US.
However, while filling out the forms to set up an appointment for the renewal interview, I remembered that I had a misdemeanor conviction (I pled guilty) for bad checks (this was a very long time ago, about 6 years - it was a bad time, I made some mistakes). When I say 'yes', on the DS-156 form, in response to the question regarding criminal convictions, how likely is it that I will have my visa renewed? Isn't is usually the case that consular officers are looking for any reason to deny visas/renewals?
It seems like my only option is to postpone/cancel my trip, if I want to be able to come back to complete my studies.
Any advice would be greatly appreciated.
kshitijnt
12-04 02:39 AM
I am not sure why it's so hard to understand what I want :)
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
You never told anyone that ONLY you filed 485. Generally this is not the case.
1- My wife's h4 visa will expire after 4 years
2- I already have my h1b extension
3- What I am saying that if I don't get the stamp in time, I am planning to enter with AP
Given all the points above, and the fact that I'll be working on H1b status, would this void my wife's h4 visa?
You never told anyone that ONLY you filed 485. Generally this is not the case.
more...
snathan
02-17 06:10 PM
The PD for my GC application is Dec 10, 2001. I filed under EB3 category and my chargeability is India. Going by the backlog that we are currently experiencing for EB3, is it worth filing for an upgrade of the GC application from EB3 to EB2 based purely on timelines for both EB3 and EB2?
Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.
Since you are already very close to the GC, I would not recommend to go for EB2. It would take 1-2 years for the PERM and I-140 get cleared. By that time you might have got your GC. If your employer is ready to spend, give a try and you are not going to lose anything.
vdokka
09-12 09:59 AM
Hi Raj,
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
Thanks for your reply !
I appreciate your help.
Regards,
Krishna.
copsmart
02-15 01:05 PM
Come on, Man�
Why are you so worried even before knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
Why are you so worried even before knowing whether your company is a TARP receiver or not?
BTW, if you entered on AP and still work for the same employer, then you are not on EAD. Also, you have no issues extending your H1.
Relax!!!
Hi rvr_jcop
Thanks for your valuble advice.To the best of my knowledge my company is not a TARP Company.So if my company happens to be a TARP company ,there is a possibility for H-1 renewal denail.otherwise not.Pls correct me.
smiledentist
06-21 02:01 PM
bump...
ajaykk
07-27 03:30 PM
From the below FAQ2 just release by USCIS
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
Q21: Will USCIS permit applicants who filed adjustment applications between July 2, 2007 � July 17, 2007, but who have not yet received a USCIS generated receipt notice, to file for Advance Parole and Employment Authorization based on proof of delivery of the I-485 application?
A21. Yes.
Does this apply only for ppl who have filed between July 2nd and July 17th.?? How about for people who have filed & filing between July 17th thru Aug 17th? Wud the same rule applies to them too? Any inputs on this?
Many of the law-firms including mine are just filing 485 not EAD & AP. If this rule is for everyone I'll apply EAD and AP myself after I receive proof of delivery from my attorney.
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