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I joined Immigration voice on orkut. My name is Chandrakanth

golgi Your ugly arse site was moooooooooooving...

This has to be the strangest battle ever! Leave it to you to come up with an idea like that...

Anything you will take for your H1 stamping + documents to prove that she is your wife. Her H4 status depends on your H1 status, your relationship and your ability to support her.

Thanks for your reply, but she will go alone for stamping and we have applied I-485, ap,ead on july 2nd. so is there any problem for visa stampling if our I-485 is pending.

Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.

Please read the text in the USCIS page carefully. You need to clearly satisfy at least 3 criteria. In practice, you try to provide at least some evidence for most criteria.

Note also that you need to provide evidence of sustained fulfillment. E.g., suppose you want to show that

"Evidence that the alien has judged the work of others, either individually or on a panel;"

This is *not* satisfied, e.g., if you graded the papers of your students or did code-reviews! This is likely satisfied if you, e.g., were in an IEEE standards committee (especially if the standard becomes well known, e.g., IEEE 802.11, or Firewire, etc.). Similarly, if you just participated in a panel once, then the reviewer is likely to reject your claim; you really want to show that you regularly (e.g., once a month for last 3-4 years) participate in panels, etc. In my own case, I reviewed literally 100's of conference and journal papers, and was in the TPC of many conferences, and also participated in an NSF panel for reviewing proposals for funding.

The reviewer will want evidence for each criteria. Sometimes you may be able to use the same evidence towards more than one criteria, but generally it is not the case.

Finally remember that you need *very strong* recommendation letters from "well known" people *all over the world". Most people gets some letters from US, some from their home country, some from Europe, other countries, etc. I had about 10-15 letters from US, China, India, Netherlands, etc. The letter writer in each case must be very well known, and must hold a very high position (e.g., one of my letter writer was one of the heads of Philips research).

In any case, it does not matter what I or someone else thinks about your qualifications. What matters is what the reviewer of your petition thinks. What I would suggest is that if you feel that you have a good chance at EB1-A (e.g., in your own mind you believe that you truly satisfy 3 criteria), then hire a good attorney and start working on preparing your dossier. The cost will be about $7000-$10,000 (depending upon what attorney you choose). Attorneys will charge much more for EB1 petitions since they actually have to work on it (rather than get a para-legal fill-in forms, as done in EB2 applications). It usually takes 4-6 months to get all material, etc.

just read teh 3rd post above urs...phew!!! that was tiring wasnt it...

In India 3 year grad are arts, humanities, science, management and accounting.
while 4+ year degrees are for technology, engineering, agriculture, medicine.

UK (some parts of europe as well) and Australia seems to have similar system in some of its university.

even some US universities have rightly adopted the same
fsu.edu | degree in 3 (http://www.degreein3.fsu.edu/)
Degree in Three Program Description (http://www.ecu.edu/threeyeardegree/)
Panola College Degree in 3 Program (http://legacy.panola.edu/instruction/degree_3/index.html)
The point is the content is more important than the duration.

I personally think 3year UG unlikely reason for reopening I140 after GC is approved. I would be shocked if that is the case.

I am afraid this could be a paper chase. Asking more docs to creating headache for the applicant.
U.S. steps up H-1B, green card assault with paper chase (http://www.computerworld.com/s/article/9135552/U.S._steps_up_H_1B_green_card_assault_with_paper_c hase)

It is better to consult attorney to handle it properly.


In my case, it was B.Sc + M.C.A (3 + 3) years education and applied it on EB2 Category. I know of a lot of cases with M.C.A approved on EB2 category. So, I am not sure if this would be reason for it.

where do you all see/consult for updates or news on USCIS activities?

My company is surplussing me among other employees to be laid off around Apr 2009.
My case is as follows:
Case EB3 India
PD Mar 2004
Labor and I-140 approved
I-485 filed during Jun-Jul 2007 rush, FP done, waiting for PD to become current

Right now I am working on H1-B extension, and to make things complicated, I got married in Jul 2008 and brought spouse on H4.

I am not sure which avenue is the best for me, I would appreciate your input.
Thanks,

You need to provide more details on bold words from your post. If you really need pointers from IV members.

in the intial offer letter ,they said they are going to pay 58k... and my job title was also different in the offer letter.

As the client is paying very low billing rate .... they said they need to change the LCA showing less salary(less than 58k)

You will not be able to get a original document from lawyer/company. if you have maintained a good relationship with the lawyer/company, you can request a copy of it.

Guru's
My I140 is approved on October 24 2007 and original document has got my lawyer and employer, but I have not received any original document. My question is: Does I can get original document or I have to ask to my lawyer or employer?

It was clearly written in the last 2 pages of any Indian passport that, one should not handover passport to any one; unless other wise MOE (Ministry of External Affairs), Indian Court has ordered so.

It is illegal to:
1. Hand over passport to any one
2. Send through courier across borders
3. To Mortgage passport (a set of people will do in some cases; when they owe money)
4. In Possesen of others passport.

The imprisonment for doing so is 6 months to 3 years in jail or fine or may be both (to the best of my knowledge).

So be careful in doing so.

P.S-1: Handing over passport to Consulate/Embassies is a different case and person should be in the same country where the consulate is while applying for visa?.

Thanks for the advices/suggestions.

The reason my h1b was denied because the consultant showed that I would be working for him instead of working for client. I suspect he didn't respond well for the RFE earlier in the case.

Is it possible to submit a motion for reconsideration by a new employer(when I find one in the next month or so)? To make things worse, I am having a hard time concentrating on possible upcoming interview because of my h1b visa denial. Pls tell me what options do I have if I am made an offer by a private(profit) employer. BTW my master is in comp. engg and I completed my masters in Dec 06.

Its really disheartening to wait one more year to start work along with my increasing debts. Its bad being job-searching-graduated-student in USA with this situation.

TIA

Hi, can I use EAD for my current employer.. my h1b exten under process and taking more than 1 yr .... thanks

Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.

well i got marriage ceremony , not civil yet...because i didn't know since he have this problem in court. and he says that they would let him out once he's in jail.. the chance of he goes to jail is 50 50... if goes he will get about 18 months. will still can do my papers?

I am not an expert here but, can you not get a certificate from the church that you are married while you are waiting for the official certifcate? see below:

http://boards.immigrationportal.com/showthread.php?t=258893&highlight=marriage+certificate+church

You can also search the above site for answers. But, in the end, please consult a good attorney who is familiar with both immigration and criminal law.

My GC is approved but still I want to continue my contribution (in steps of $20) for this good cause....However, I dont see any $20 contributions for last couple of weeks..Is it possible to start contribution of $20 for guy like me who have GC & wants to help for this cause?

How did the attorney sign the form when you had not signed.
I had to visit my attorney's office and sign all the paperwork in his office before he filed my app.
I belileve if the attorney is remote, then he needs to send fedex package to sign the docs.

Attorney signs only as a rep if there is legal issues or court apperance is required.

Applicants signature is used to prepare the EAD card . USCIS scans the signature of applicant.

I would recommend LLC, as then you have limited liability. You can actually register it using legalzoom for a price much cheaper than CPA. In no way am I endorsing legalzoom, it is just one of the many websites that do this. You might wanna look for a better and cheaper one.


Please don't give incorrect answers.

All three corporation types (C-Corp, S-Corp, and LLC) have limited liability to its shareholders.

The main difference in these corp types are
1. How much record keeping is done
2. The way taxes are computed and filed with IRS
3. The kind of expenses allowed to deduct
4. C-Corp and LLC can carryover profits to next year(s), but S-Corp has to pass on profit (or loss) to the shareholders at the end of every calendar year.

For S-Corp, the shareholders must be Permanent Resident or US Citizen.

I have corporation of my own and this is C-Corp (due to kind of expenses I can deduct and/or write-off). I did all the incorporation work myself without any help from CPA. Incorporation is pretty straight forward and very easy. There are good books in Nolo Press on Corporate Incorporation.


____________________________________
Proud Indian American and Legal Immigrant

another good 485 stats website is this (THIS IS NOT A PLUG):
http://www.immigrationwatch.com/uscis-processing-statistics.html

this has status prediction feature also but wait till Feb/ March to get more accurate results when all the Sept/October receipts are counted in.

If you count the taxes these 150K legal immigrants would have paid if they were in US for a year it is more than 2.5 billion dollars.

There was a recent study claiming that 14 million illegal immigrants pay 1.5 billion dollars a year in taxes (read mostly sales taxes). And thus US should legalize these 14 million people to continue to get 1.5 billion dollars a year.

Now you can compare 150K people vs 14 million people and who pays more.
The study fails to tell that these illegals do not have insurance. So they use hospitals for free. They do not pay federal taxes because they do not have a valid documentation. Even if they are allowed to pay federal tax, many will be below poverty line.

The study did not envision an economic scenario for America if 14 million illegals are legalized. How many will claim unemployment, social security, medicare etc. I can bet the cost to government will be in billions with many zeroes after that. Someone should call the reporter and the pro illegals who created that study to answer these questions.

It is possible for undocumented to pay teh federal and state taxes. They generally usea fake ssn and once the payroll is run taxes get sent to IRS.

If you file 485 based on your previous approved 140, you are compelled to go back to your previous employer when your GC is approved.

So the options you have are:

1. File 485 based on previously approved 140. If approved within 180 days, go back to previous employer otherwise use AC21 to change employer to current employer. This presumes that your former employer is willing to continue support of your GC.

2. You could file 485 based on unapproved 140 since concurrent filing is still allowed.

The choice is yours.

Please, the date does not mean what it should mean. Otherwise nobody can explain the fact that this date can go backwards. For TSC, it went back from May 24 to April 10.


The processing date listed is the received date of the oldest case that they have not adjudicated or pre-adjudicated yet (maybe due to some problem). It does not mean that cases filed after April 2007 are or will not be adjudicated.