ChainReaction
10-19 10:24 AM
If you have an approved I140 (does not matter which company whether former, curent or future employer), you can get a 3 year H1 extension. There is nothing your current employer can do. How ever, as the others suggested above, you should find you new job and transfer your H1 by using premium processing to be on the safe side. Also apply for new GC process which would allow you to port your priority date as long as your I140 is not revoked for froad/misrepresentation. There are certain rebates on this too.
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
If you are layed-off, there is nothing much to think. Just act quickly to get your 3 year extension and be optimistic.
thanks tom for the reply,
I have one more question what if i am applying for the 6th year extension ( have completed 5yrs already on H1B) can i still get 3yrs extension?
thanks
wallpaper i love you quotes and poems
dilbert_cal
10-06 08:16 PM
I disagree based on the following:
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
....
You can port your PD based on your approved 140 even if your 485 has not been filed. I think someone had posted a FAQ from Rajeev Khanna's site which specifically said its allowed. Also, the same is available on Murthy's site too. And Finally, I've talked to three lawyers in the last one year and each one of them agreed that this can be done.
note the "and" between (a) and (b) and note point (a) which states that a pending 485 is necessary for an alien to change jobs
....
You can port your PD based on your approved 140 even if your 485 has not been filed. I think someone had posted a FAQ from Rajeev Khanna's site which specifically said its allowed. Also, the same is available on Murthy's site too. And Finally, I've talked to three lawyers in the last one year and each one of them agreed that this can be done.
jkamel5
07-10 08:38 PM
Thanks for your amazing help.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
I have two more question that I am not sure about:
1-I understand from your letter that EB2-NIW has less requirements than EB1-OR, and hence it is more safe to apply for EB2-NIW. Is that true?
2-In case I want to apply for EB1-OR, does my company has to sign I-140. I am just worried that they does not want to sponsor me till after 3 years? Does I-140 hurt the company by any means?
Thank you,
John
Well, your ideal bet is the standard EB2. It will require a labor certificate. The issue is that the cost of obtaining the labor certificate (including lawyer's fee and job advertisement costs; usually total around $5k-$6k) must be borne by the employer; it is the law. You can bear the rest of the cost (I-140+I-485+lawyer's fee for those two stages). If your employer is willing to at least pay for that, then go for it; you will get your GC within a year or two (assuming no major changes in the rules, situations, etc.).
If your employer is not willing to spend any money, then you have two options: EB1 or EB2-NIW; they do not need labor certificate.
The EB2-NIW category does not need employer's sponsorship. However, a support letter from the employer strengthens the case quite a lot. To prove yourself eligible for EB2-NIW, you need to argue that if a labor test is done and an eligible citizen or permanent resident shows up (and hence you cannot be hired), then it will be a *national* loss to the US. Basically this means you have to prove that your field *and* your individual work in the field are very important to the US nationally (i.e., not just to the particular part of the US where you live/work). Other than publications (number as well as quality), citations, and perhaps most importantly, a set of (10-15) recommendation letters from the well known leaders of your field are usually used to establish this.
The EB1-OR (outstanding researcher) category requires that you be in a "researcher" position and your company employs at least 5 other researchers (I am assuming that you are not a tenure-track faculty member in a US institute of higher education). If this is true, then your employer simply needs to "sponsor" you by providing a support letter. No labor certification is needed; so employer need not bear any cost; you are allowed to pay for the whole process. You need to establish that you are an "outstanding researcher" with international reputation.
From what you have told us, it seems that EB2-NIW might be possible for you, but you very likely do not satisfy EB1-OR's requirements. In any case, there is a good amount of randomness in the process and hence there is always a possibility of getting approved. So if your employer does not want to spend any money and you can spare the money, then it may be worth a shot applying for an EB2-NIW. If you decide to do so, get a good lawyer, though.
2011 i love you friend quotes. i
abcdefgh
12-14 12:46 PM
There are 2 things that you need to do and take time..
1. Apply for FBI fingerprint clearance .. You can take fingerprints in your local sheriff's office on a standard FBI form and then send it to FBI.. takes about 2 months.
2. Apply and get IELTS english score.. I think this has become standard now..
I had attached all the literatures that had been published on Finance and technical journals. In addition, I had US education with Masters. Still, they asked me to appear for IELTS.
If you native language is not English, IELTS is must.
1. Apply for FBI fingerprint clearance .. You can take fingerprints in your local sheriff's office on a standard FBI form and then send it to FBI.. takes about 2 months.
2. Apply and get IELTS english score.. I think this has become standard now..
I had attached all the literatures that had been published on Finance and technical journals. In addition, I had US education with Masters. Still, they asked me to appear for IELTS.
If you native language is not English, IELTS is must.
more...
krishmunn
03-08 08:52 PM
Here is what I found from Murthy Forum --
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
According to the AILA-NSC Liaison minutes of 04/12/2007, the following standards generally applies in determining EB-2 requirement:
(1) U.S. master�s degree � as long as it is in the field required no additional documents would be required
(2) 4 yr bachelor�s degree + 2 yr master�s degree (India) � with degrees in the same or related fields this will generally be considered the equivalent to a U.S. master�s degree with no additional documents required
(3) 3 yr bachelor�s degree + 3 yr master�s degree (India) � with degrees in the same or related fields this will generally be equivalent to a U.S. master�s degree with no additional documents required
(4) 3 yr bachelor�s degree + 1 yr postgraduate diploma + 2 yr master�s degree (India) with degrees in the same or similar field : generally be considered the equivalent of a bachelor�s degree plus one additional year of education so the beneficiary would also need to have 5 yrs progressive experience. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree it is possible that this would be considered the equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience.
(5) 3 yr bachelor�s degree + 2 yr master�s degree (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category: However, foreign credential evaluation using the following additional evidence could make it to EB-2, Master's degree equivalent:
Examples of comparable U.S. master�s degree programs requiring only one year to complete (indicating that a total of 5 years of undergraduate and graduate level education is sufficient); or
Credential evaluations that provide a detailed comparison of credit hours completed by the beneficiary for the 3 year bachelor�s degree program with credit hours required by comparable U.S. bachelor�s degree programs.
(6) 3 yr bachelor�s degree + 2 yr master�s degree (India) + 5 yrs progressive, post-master�s degree experience � Generally the educational degrees would be determined to be the equivalent of a U.S. bachelor�s + 1 year and the beneficiary would meet the statutory requirement
(7) 3 yr bachelor�s degree + 2 yr master�s degree + 1 yr postgraduate diploma (India) � Generally this would be the equivalent of a bachelor�s degree + 1 year and would require 5 yrs progressive experience to qualify under the 2nd preference category. If the postgraduate diploma is determined to be progressive postgraduate education that is a continuation of the 3 yr bachelor�s degree or the 2yr master�s degree it is possible that this would be considered the
equivalent to a U.S. Master�s degree and there would be no need to establish 5 yrs progressive experience
(8) If a master�s degree is required and the beneficiary does not have a U.S. master�s degree in the specified field of study the petitioner should be prepared to submit sufficient documentation to establish that the education that the beneficiary possesses is the equivalent to a U.S. master�s degree in the required field.
[Matthew Oh Note: The positions of the NSC for the situations in (4), (5), (6), and (7) appear to have loosen up substantially and very flexible and accomodative. Very good news. We thank the NSC leaders for the new policy on these issues.]
Education Requirement in Labor Certification Not Restricted to U.S. Bachelor or Foreign Equivalent Degree: Following will be acceptable for "Skilled Worker" catogory of EB-3:
satish_hello
09-24 10:46 AM
I saw my LUD cnahge 09/21 on my I-485 and my wife, and got 4 e-mail from cris, that my application was received from other center(CSC).But CSC transfered on 09/14, and sent transfer notice.
I am still waiting for my FP.
What does it mean.Does it mean i get my FP.
Regards
-satish
----------------------------------------------
Contributed $100 for Rally.
I am still waiting for my FP.
What does it mean.Does it mean i get my FP.
Regards
-satish
----------------------------------------------
Contributed $100 for Rally.
more...
GCBy3000
01-04 11:01 AM
I checked with my company attorney, he says as below:
140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
140 approved, 485 pending for more than 180 days and if they stay with the same employer, they could get promoted. The job description may be the real driver here. It changes only 20% and they keep all the originial provisions. The 20% extra is addition to their existing role, but the job title changes to lead role.
If your 485 is filed and you have spent 180 days after that, then the AC21 portability allows you to change employers and change job locations but not the job description.
Even after 180 days on 485 stage, you can use EAD to change employers as many times as you want and get jobs in different cities/states but the job description should be the same -- which means that you cannot except promotions because promotions do change job descriptions.
I am pretty sure about this part and I have verified this part of AC21 portability with a lawyer before.(make that a very reputed and smart lawyer)
You may want to check this part before accepting that promotion.
For the derivative beneficiary, like the spouse who gets EAD because of primary applicant of 485, there are no restrictions though.
2010 i love you quotes for her from
Pagal
03-23 01:44 AM
Hello Kiran,
:) Thank you! Yes, I personally have always been a supporter of FIFO for permanent residency and I empathize with all who are waiting much much longer than me. That's why I said that I wish there are more IOs like the one who is working on my case.
Good luck to all of us and let's keep IV strong!
:) Thank you! Yes, I personally have always been a supporter of FIFO for permanent residency and I empathize with all who are waiting much much longer than me. That's why I said that I wish there are more IOs like the one who is working on my case.
Good luck to all of us and let's keep IV strong!
more...
dummgelauft
07-12 11:01 AM
ah - never mind - i see it now, after one logs in! :)
I love your handle... F O O B A R 2001...how appropriate, given the situation we all are in..
:-)
I love your handle... F O O B A R 2001...how appropriate, given the situation we all are in..
:-)
hair love quotes for your
rsdang1
08-20 03:44 PM
Wasnt there some official from USCIS that said that EB2 from India with 09 priority date can expect a 5-6 year wait...
I am sure some one here would have the exact quotes...
I am sure some one here would have the exact quotes...
more...
nixstor
01-23 01:50 PM
Does she need her H4 approved to have her prospective employer file the I 129? (or) Can she just provide the notice of action she received for her H4 extension filing along with her I 129 to show that she is maintaining status?
Any one??
Any one??
hot love you quotes wallpaper. web
Dj-Studios
05-21 11:56 AM
Cool thx buddeh.
more...
house i still love you quotes and
pa_arora
07-16 01:08 PM
I will give you a green too. You have been a great help to forum members understand retrogression issues.
how do u give a green or red dot??
how do u give a green or red dot??
tattoo i love you quotes tumblr. i
gr8dain
July 24th, 2004, 01:54 PM
Greetings all!
Being new to both digital photography with a DSLR and these forums it sure would be of value to have someone post their examples of their back focus issues as well as an explanation as to what it is. I'm strongly considering the Nikon D70 and would appreciate any feedback and examples of the photos people have taken with the D70.
Thanks,
Dain
Being new to both digital photography with a DSLR and these forums it sure would be of value to have someone post their examples of their back focus issues as well as an explanation as to what it is. I'm strongly considering the Nikon D70 and would appreciate any feedback and examples of the photos people have taken with the D70.
Thanks,
Dain
more...
pictures i love you quotes and sayings.
pointlesswait
05-31 08:49 AM
what abt all the positive remakes given..??
You are also on the radar.
Here are some of your sample messages to other members.
IV has better things to do to help its members and this cause then tolerate members who are disrespectful to others and do not bother about this effort.
Let other IV members judge for themselves what is right and what is wrong.
You are also on the radar.
Here are some of your sample messages to other members.
IV has better things to do to help its members and this cause then tolerate members who are disrespectful to others and do not bother about this effort.
Let other IV members judge for themselves what is right and what is wrong.
dresses i love you quotes and
sen
03-29 04:51 PM
I am from Canton, MI and i'd like to get involved in this. Please let me know, if anybody is planning to meet the Senators or House members, so that we can get organized and present our case. I can also pull in couple of my friends who will be interested in this initiative.
more...
makeup i love you quotes for her.
validIV
03-17 08:53 PM
That's not true, as per my attorney. When you are on the 7th yr of your H1 the only reason for the you get the 3 year extention on the H1 based on your approved I140 after filing your 485, is so that you won't be out of status even if your 485 gets rejected. You can still stay is status in US and appeal your 485.
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
Sorry, forgot to mention the MTR. If your I-485 AND MTR is rejected, my point still stands.
Before you decide to waste your H-1 time please read: http://imminfo.com/Newsletter/2009-3/EAD_vs_H1B.html
Always consult a proper immigration attorney
girlfriend girlfriend love quotes orkut
gcgamble
08-29 08:25 AM
I got renewed my passport couple of months back in DC . we need a standard passport size photos and got the new one on the same day.
hairstyles Among the I love you quotes,
Karthikthiru
02-07 11:27 AM
H1 Extension applied on 11/21/2007 and H4 for my wife on the same day
Karthik
Karthik
vgayalu
01-03 03:26 PM
Thursday, Jan 4, 2007.
coolvigo
05-23 08:23 AM
Let me be clear. my H1 is with a different employer than the future GC sponsor. I never worked for the GC sponsor and that is the reason wanting to get the H1 transferred to sponsoring company. As said I 140 approved and I 485 passed 180days.
I was under the impression that you can switch over to H1 from EAD easily.
if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?
Find a ABCD gal or American gal and kill your lonliness !
I was under the impression that you can switch over to H1 from EAD easily.
if there is a gap of 40days will it be ok to file H1 transfer? assuming that I get the H1 approved. Will this gap any issue in 485 adjudication?
Find a ABCD gal or American gal and kill your lonliness !
No comments:
Post a Comment