ravik904
12-14 09:05 PM
Hi All,
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
Can some one advice whether I can qualify for EB-2 Category?
I am a Chartered Accountant from India with 10 years of Post Qualification Experience.
I am currently working on H1B since last 1 year and working as System Consltant for last 4 years.
I do not have any other master degree like M. Com / M.Sc etc.
Would I qualify for EB-2 Category ?
Regards
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lazycis
02-12 07:18 PM
Hi Wandmaker, Even If I need to work for the same employer do I need to use my EAD ?.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
If you say 'Yes' to use EAD, later if I receive my H1B Extension in 1-2 monts, Can I use my H1B for the same employer where I got EAD thru them ?. If so wats the procedure ? . thank u sir.
Yes, use EAD (fill new I-9 from). After H1 extension is approved, leave and re-enter with new H1 stamp. Fill new I-9 form.
piyu7444
04-10 03:34 PM
The option you suggested is best I know but what if I can not do so. (Option of going to canada and then taking up new job on EAD)
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
Any other options.........?
I know one can do a re instatment of h1b as long as the h1b is VALID. For example if an applicant's h1b expires in SEP 2011 and he/she joins a co. on EAD today 10th April 2008 but then gets fired on April 15 2009 or his/her GC is denied for w/e reason then he/she can go file for reinstatment of h1b but will have to leave USA and get stamping of h1b from Canda/mexico/home country........
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mnkaushik
11-08 01:55 PM
amsaleem is right. The exp I used was the one i had prior to my filling date.
fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.
Here is my situation.
Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.
fromnaija i dont agree with what u have to say. In my case i used my exp to prove that I can do the job for which my LC was applied for.
Here is my situation.
Worked for 2 1/2 years with an Indian company. Joined the current company in Apr 2001. Applied for my LC on Jan 2004. Got my LC approved on Jan 2006. My lawyers took their own sweet time to apply I 140 and was applied in Mar 2006 and got approval on October 2006. I used my exp from Apr 2001 to Jan 2004 to prove that i can do the job. The job descriptions were very similar. Hope this helps.
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purgan
05-25 09:39 AM
please post the names and email adddresses of the authors....so we can all contact them.
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
Clearly, legal, skilled immigrants from countires like India, China, Mexico and Phillipines are already facing 5-7 years backlogs and this bill, by reducing quotes from 140K to only 90K, is going to make this problem worse!!! To relieve this problem, they should've expanded quotas (atlteast temporarily), made soft countrycaps, and exempted dependents, but they are going in the totally opposite direction.
I read the bill posted for IV, and on page 259 it says for first 5 years after enactment, level of EB immigrants will be at 2005 levels (which was 246K)
90K will for for pending EB applicants, while ATLEAST 10K will for exceptional aliens in nonimmigrant status under section 101(a)(15)(Y). This means that these "exceptional aliens" will have a new quota of 246K-90K= 156K a year, while the qouta for existing EB immigrants will be reduced by 50K, thereby accentuating the horrific backlog that already
exists...
Question is, who are these "exceptional aliens" under section 101(a)(15)(Y)??
thomachan72
05-10 02:06 PM
More like an idle mind ;)
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
Thanks. I started thinking whether the devil infact has grown more powerful that he is seeking new territory:D:D:D
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LostInGCProcess
11-05 04:39 PM
In my understanding if she uses AP in the reentry, her status would change to AOS (Adj of Status) and can stay until the 485 is adjudicated. But if 485 is rejected she would be out of status immediately. We have been told (by my filing attorney) that if she gets a H1 visa this she wouldn't be out of status in case of 485 rejection - she can continue to stay & work on H1.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
Is the above correct ? And if 485 gets rejected while on H1 would she be out of status immediately ?
The above statement is correct. If i485 is denied while you are on H1, you won't be out-of-status. You are still on H1 status. H1 status and AOS status are two different categories. And you cannot be on both the status simultaneously.
- I heard that the 485 rejection mentions an 'order' to leave the country within x number of days - I was wondering what the implications are if she is on H1 status (having reentered on valid H1 visa earlier) - Does her status still hold good and continue stay and work on H1 ?
As I told earlier, if you maintain H1 status, you continue to be on H1 status, regardless of the denial of I-485.
- Also at the time of applying for H1 visa what kind of information can be or cannot be shared at the Visa Interview ? just to make sure that the H1 visa doesn't get rejected due to her pending 485
H1b category is "Dual intent" meaning an H1B holder can have legal immigration intent (apply for and obtain the green card) while still a holder of the visa. Also, you must not withhold any information from the visa application, which could potentially lead to denial of the visa.
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smsthss
11-15 01:18 PM
In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.
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JunRN
12-17 04:02 PM
Let me answer:
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
During your application for naturalization, USCIS will look at your old files and see if you work for the new employer (if AC21 is used) after getting the GC.
If you didn't send a Memo, then in the USCIS file, it will show the original petitioner as your employer.
If you send a Memo, then in USCIS file, it will show the new employer using AC21 as your employer.
What is the difference? USCIS will ask for proof on your naturalization application that you work for the employer (that is in their file) right after getting the GC.
If in USCIS file it shows the original petitioner and not the AC21 employer, then you cannot prove that you work for the original employer after getting the GC.
If in USCIS file it shows the AC21 employer, then you can prove that you work for the AC21 employer after getting the GC.
Remember that you must work for the employer for 180 days after getting the GC. The word "employer" means whatever is in USCIS file.
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texcan
02-16 11:11 AM
hi there is a clause "same or similar field", so as per shiela murthy, ron gotcher and prashanthi reddy, as long as you are in a IT related job its ok, you cannot go from IT to healthcare or cross fields.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
so you are safe.
But find out from your attorney if it is mandatory to file Ac21, because as long as i know, some attorneys say not to file it, as it just causes more confusions. But find out if it is legal not to file Ac21.
AC21 by law is not mandatory to file, does not matter what any attorney says. Some attorneys might want to make some money off of you and create a scare.
My attorney did mention that i should be in similiar field ( exactly as gcdreamer has mentioned here) that one should not more from IT to selling burgers or being a realtor as their primary jobs.
After 8 years is this h1 circus....i have moved on to get some certifications, experience in industry. how in the world can i stick to the same job on this GC was filed...
Imaging this, you play by rules and GC takes lets say.....20 years...will you be stuck at same job..no. on top of this what if at time of GC adjucation, you might get hit by some....obscure rule created by Grassley like folks....sitting on a tractor in IDAHO and planning for IT industry in San Francisco..he for sure would like you to stick to same field....same employer/farmer...as was in old days of slavery....
I say go for the advancement in career, you are not doing anything wrong.
My 2 cents.
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ThinkTwice
07-20 12:59 AM
Did you know that Aman Kapoor the founder of IV has contributed $64000 of his personal money towards the efforts of IV? Yes that is correct Sixty Four Thousand USD. http://www.businessweek.com/bwdaily/...eek+exclusives
I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
I was dumbfounded when I first found this out. The man must have real conviction and courage and belief in himself and this effort to do such a selfless act and I am not even talking about the hours and hours of time, mental energy, physical stress and emotional capital he must have invested into OUR effort and I am not talking about all that because that is immeasurable and there is not much we can do to repay all that back but there is something we can do.
Please take out your wallet and repay IV core members who have contributed selflessly to OUR cause.
Every one of us has benefited in some way or the other because of our association to IV and who do we have to thank but the core team who have put so much on the line for OUR cause.
Please join in this effort to reimburse the expenses incurred by IV core to fight for OUR cause. Join http://immigrationvoice.org/forum/showthread.php?t=10708
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Dhundhun
06-12 06:34 PM
MY case details are PD:02/2002, EB2, India. I-485 RD: 06/06/07.
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
When did processing time became on or after your Receipt Date: 06/06/07 and your Notice Date: 06/15/2008?
Is it because file misplaced - too many followups (3 SRs, Infopass, letters, calling IO)? At lease people have been able to find whether name check is cleared on not - could you figureout that? If not, I think, there is reason to be concerned.
Try simple question - name check is cleared or not?
more...
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sankap
07-20 03:25 PM
Thanks!
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pappu
12-13 01:05 PM
After giving the call for the meeting only one member responded and met me. If there is no active interest by members how can we all get things done. We need every member to participate in the effort. Together we can do it!!
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gcdreamer05
01-03 09:32 AM
Folks the solution is simple,
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
If you believe your wife is not interested in future employment atleast for the next 2 years then do not renew your EAD. (I say 2 yrs because EAD is given now for 2 yrs).
If you have stamping on her passport for h4 then no need for AP.
If the stamping on her passport for h4 has expired then apply for AP (since you can show AP and come back and still be on h4). This appln for AP has to be done atleast 3 months before you need it (consider processing time).
If your wife decides she has to start working then apply for EAD like 4-6 months before preferred emp start date.
I do not have EAD (but eligible to apply for one), still on h1b, visa expired have just AP, so if I need to go back to home land ill show AP and come back and still be on h1, hope this answers all your questions.
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memyselfandus
06-03 08:59 AM
Since i had to spend US $ 70 on passportport photos during july 2007 filing, i wrote my own app to format passport photos. some of my my friends and i used it for filing AP the last couple years. i can email it to any of you if you want it. just PM me.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
I have used this site to generate several times.
you would need .NET framework(minimum version 2.0) to run it.
it supports indian passport photos too (3.5 cm by 4.5 cm) :)
I have used this site to generate several times.
more...
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sammyb
10-09 04:01 PM
chandu... seems am only one visiting this thread ... lets see how many people responds ... :D
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
Come on folks - all the way to Riverhead we have tonnes of people living in these areas affected by Retrogression.
EAD is not a solution - EAD just makes our life a bit easier than on h1b - the struggle continues even on EAD.
How can you expect govt to fix your problem if you lack motivation?
Lets start mobilizing the chapter
Remember, we are no VIPs, we are in a mass distribution system and no one has special previlidges here, your lives won't change uless you motivate yourselves and speak up for yourselves.
We need a very strong resprsentation from everyone in the community.
Ignoring our requests only puts all of us in a tougher situation
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amitjoey
08-23 10:40 AM
I do not understand what the need is to change to F1. One can do Masters while on H4. If you are thinking she needs OPT to work after Masters, It is a 2 year course, right?. You can decide after 1-1/2 yrs if you want her to move to F1.
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indyanguy
08-11 07:13 PM
bump ^^^
suaralph
10-22 09:50 PM
I guess all the EB2 june filers might get approvals rather than EB3 June..right??
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
Has anyone in the EB3 category (june 2007 filers) got any approvals??
Cheers!!
I agree with you. EB2 filers should not have any problem after USCIS solves all this receipting mess. Any one who filed in June and is already approved must have been pre-adjudicated, which means both name check and finger printing must have happened before the new fiscal year began. Anyway, from our perspective and not USCIS'S, EB3 has a long way to go.
My details:
PD= 03/2005
I-140: Approved
RD: June 26, 2007
FP: Sept.8, 2007
EAD: approved in 44 days
saimrathi
07-10 09:45 AM
I heard once you get your GC, you have to stay 6 months in US?
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
thats correct , india is booming right now and it will only go up
So i think that even if we succeed in getting the green card , we should always have one option to going back.
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