fromnaija
05-06 07:04 PM
I was wondering how L1 can be allowed instate tuition while H1-B's have to pay out of state according to the Arizona list. What exactly is the fundamental difference between the 2 which results in L1's fulfilling the requirements?
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided links to USCIS website to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
GCard Dream - You should ask the question - what part of the statute does L1 fulfil that H1B does not -
I'm sure you can give these guy's a run for their money. One thing - if you pursue it long and hard enough I think there is a chance that you can get instate tuition. The only area I was concerned about was the domicile part but if L1's can prove domicile so can H1-B's.
I already fought this for three good years! I don't know how they allow L1 to enjoy in-state tuituion and not H1B. I provided links to USCIS website to ASU to prove that L1 and H1 are similar non-immigrant visa. I gave up after they could not provide any reasonable response.
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vamsi_poondla
03-16 01:22 PM
IMO, there could be unfortunate situations for anybody which may seem to be like one will go out-of-status. Best option is go to a good attorney. It is not cheap option but certainly it is best way to get things answered professionally within a specific time period. It will also prevent your case to be wide open on forums for any agency or anti-s to target you. You will also be protected by attorney client confidentiality agreements.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
I saw some questions like "I am not working on H1B though I have visa. Or things like "I am not paid on bench. Is that alright". Does it need anybody to confirm that you could be out of status? Quite naive to ask that on forum.
Best option, do not violate any law intentionally. When we take so much care by not even jay-walking, we should be super careful about the immigration laws and statuses.
meridiani.planum
04-03 12:09 PM
18.
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
Regulations
Please provide an update on the status of regulations regarding the following: AC21, CSPA, T regulations for adjustment of status, EB-5, and religious workers.
Response: The AC21 rule and the EB-5 Special Class rule are both undergoing revision and should be published in the near future.
I wonder what the AC21 rule revision is going to be?
good catch. Yeah that one is a bit scary. I believe they said somewhere that they were going to tighten the AC-21 requirements, and if they do so, then it will also apply retroactively (meaning if htey say salary cannot change by more than 10%, and someone invoked AC-21 to a new job with salary change of 30% that person could potentially be in trouble). I hope they dont do that (I myself have invoked AC-21 with >40% salary change!)
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emmie
12-09 02:28 PM
Thank you very much for the response. I actually want to put 5 years minimum experience though my lawyer said that it is too much. He would recommend either 2 year or 0 year work experience for this position with M.S. degree. Accordingly, we come down to 2 years with M.S. degree. After receiving the audit letter, my lawyer said I should have put 0 year instead of 2 years. I was also told by my lawyer to give him the answer about the following questions:
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
1. Why does the company require 2 years of work experience?
2. Why does the company require M.S. degree for this position?
3. Why does all skills and programs require for this position?
4. How long it take to obtain those skills and programs?
I�m very confused and have no idea what to answer why the company require M.S. degree since it is the requirement. Have anybody also have the format of the audit letter?
Also, if I have to be outside of the country by taking vacation due to this H1B issue that is going to reach the 6th year, do I have to be employed full time with the company and get pay as well? Thank you very much.
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clairvoyance
04-17 10:16 AM
What is the safe range of percentage increase in the salary with a pending I-485?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
We know that too much salary increase will make the adjudicator question about the 'similarity' of the job. But how much is too much?
Ramba
11-19 06:59 PM
Higher salary should not be a problem at all. Important thing is, the salary should be equal or above the prevailing wage at new location for that job classification at that position/level. PW also a survey of wage by DOL. It does not mean that one should not earn considerably more than average. Lets see an hypothetical example,
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
A young Software engineer joins microsoft using AC21 and dates Bill gates son/daughter and marry him/her. Bill gates increase that person salary to 1 million, but he/she continuously doing same SW engineer job. In that case 1 million salary should not be a problem for AC21, because it is higher than PW in seattle.
(Dont ask me why not if a person marry Bill gates son/daughter they can come in family category)
As per the current guidelines adjudicating officer makes the determination based on Department of Labor SOC/O*net code in the Labror Certification Application (ETA 9098) form. ( It's very critical to have a copy of LC application, before considering AC21. If you don't have it through employer, you can get a copy from DOL through FOIA request )
DOLs SOC/O*Net gives the job description for the Job code as well as "same or similar" jobs (if you search on your SOC/O*net code)
http://www.onetcodeconnector.org/
Here's an example - http://www.onetcodeconnector.org/ccreport/15-1031.00
This is the website IOs are supposed to be using (as per guidelines). Becoming a Sr. Software Engineer from Software Engineer shouldn't be an issue. Salary hike beyond 50% could (or could not) be a problem based on the IOs sole discretion. 50% is just a ball-park assumed by most immigration attorneys. In reality, there is no such preset limit. It's entirely upto the IOs decision.
Promotion as manager is a tricky situation, as Job description changes. IO may consider it 'same or similar', or consider it altogether different. In such cases it may be possible to prove the jobs are similar by obtaining an 'Expert Opinion Letter' from an expert in the field ( such as a Professor of Computer Science from a University).
more...
lecter
September 17th, 2004, 08:44 PM
Sushi, are you referring to the lens system working across the board? Interestingly they are now making similar lenses to the others that are for their "clipped" sensors. (i.e. small)