Mike Tyson Tattoos

I watch his show regularly. I invite other IV members to also watch his show (late though).

http://tinyurl.com/v94ow

Come to the rally and we will no longer have questions. Only answers and solution to our problems if the rally is successful. We can do post mortem later when retrogression is dead. (pun intended)

Hello Jsb, can you please give us more information on how to sign on for the Ombudsman's conference call for nov2nd.

Why are you waiting till jan 2008 to apply for green card? Once you file labor and complete one year, i believe you can keep extending your h1 on a yearly basis. So you do not have to go back to India.

Planning to apply GC in 2008 jan or sometime will it be fine. that time my H1 completes 4 yrs. How long will it take labour? will it be over by 2010?
once i file labour and if not cleared by 2010(h1 completes 6 yrs). i must go back india? right?

no other solution for this?

pls help me.

How does it matter ? Getting the application delivered is important.

There is one more option. Calculate all the time you are out of US over the past 5 years and sum them up.

Eg., If you are 5 months out of country, then you can recapture those 5 months and add it to your 6th year limit. In which case you may fall in the category of applying your Labor before start of 6th. Your Lawyer should be aware of this. I know one person who did this successfully.

The other option is take 3 or 4 months off (out of country) and recapture if necessary.

Good Luck.

Case reopened or reconsidered based on USCIS determination, and the case is now pendiDid anyone see this kind of status on their approved H1b application?

Please share your views.

The approved H1B case status will change to this status only when (1) the employer requests to withdraw/cancel the H1B petition or (2) USCIS reopened the case due to fraud or misrepresentation. In your case, your employer must have notifed USCIS.

My MTR got approved in 2 months from TSC.

But online status for I485 is not changed yet...... Does anyone has any idea of what process they follow for MTR reopening and I485 status update?


I am in same situation. MTR approved to reopen 485 but online status not changed still shows 'denial notice sent'.

This is Incredible..Thanks IV for all the hard work.

`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

What does the above statement mean??
So, folks who have an advanced degree from the US are exempt from the cap? Or advanced degree plus 3 yrs of work exp is required?



Here is my reading of the amendment.

If you look at the original bill (S2611) Section 508 reads

SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.

(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-

(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:

`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).

`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).

`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.

**************************************************

Bingaman Amendment 4181 and 4182 on the other hand state

Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.

************************************************** ****

Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.

SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.

I would appreciate comments as my analysis may be wrong.

I can file my 485 from outside the country ? I always thought that once I go out of the country i will have to refile my I140 and then 485 in consular processing.

Depending on where you are traveling from you may have a direct flight to Mumbai or Delhi. Mumbai is closer to Indore and probably has better and more connections. The key is layover at both these airports to meet your flight times to Indore. Both these airports are now world class (been there just recently) and have shuttles that take you from International - your US arrival, to domestic. At Delhi the international and domestic are somewhat far off... but they provide shuttles...

Who do you know?

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.

what's happening these days..they are so slow..they take almost an year to process. By the time you get ur H1, you've to file the next..and so on on..

:mad:

I think the best way is to bring her back, because its Preferable to go to the same doctor
were you had done intial exams

Moreover to the best of my knowledge this cannot be done in india

I had to call my wife back for the same reason in May

hope this helps

Wonderful idea... can IV support this too...

my situation is similar to JunRN's. My RN position is with Union Contact. I got Prevailing Wage Survey in early July. By law I can only file I140 at least 30 days after sending the Union a copy of the petition, i.e., in earyly August. I also have similar concern that my PD will be in August.:mad:

Please do send the fax to all senators, if you have not send the webfax to all senators, please do so now

How much time is it taking to get PR. Is it 3 years?

Investing in a company -> Yes (shareholder)

Own a company -> No

On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.

No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!

This has been my research on the internet and is not from a legal advisor.

Could you tell me what the difference is between owning a company and being a shareholder? :-))

Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.