sky7
07-28 10:02 AM
I was reading some latest info about I140 & I140 Premium Processing at
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
http://www.murthy.com/bulletin.html
it stated
In order to be eligible for the three-year extension, the H1B worker must be the beneficiary of an approved I-140 petition and the case must be subject to retrogression (nonavailability of visa numbers).
So say I got approved I140, but since i am as of now..not subject to retrogression (I am not from India/China, my EB2 is current - PD 9/2002), then I won't be eligible for 3-yr H1B extension???? :eek:
Anyone knows?
Thanks..
wallpaper 2011 Nicki Minaj teases her
iheartindia79
05-14 01:13 PM
Please! someone help!
shx
04-28 05:25 PM
This statement is utter nonsense.
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
Can you please explain why it is utter nonsense? I think you have very strong reasons for saying so. Would like to hear from you.
Thanks!
2011 Nicki shows off a little skin
Berkeleybee
04-09 10:26 AM
All,
Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.
There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."
(1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.
(2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.
(3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.
BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.
Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.
best,
Berkeleybee
Just to put this issue to bed once and for all. IV is committed to bringing its goals into legislation -- we are not wedded to any particular piece of legislation. If Plan A doesn't work, there is Plan B, C and D. Each with its own advantages and disadvantages.
There have been some people who have been saying "Comprehensive reform is dead IV should work on PACE/Poster's favorite option."
(1) It is not certain that CIR is dead. We are not about to toss it aside before the Senate has.
(2) IV is fully prepared for PACE -- we have studied all of PACE's provisons (have the theorists even done this?). Did you happen to notice that one of the co-sponsors of PACE has already offered an amendment for us? We also have support from other co-sponsors.
(3) Our amendments show that we have support no matter which legislation goes forward -- we have to shore up this support and make sure we get more for floor votes.
BTW, I notice that some of our new theorists became members only a few days ago, probably to read the live update threads, and just a few days after that they start opining about what IV should do. ;-) Have they done anything with/for IV: volunteer, contribute, send webfaxes? I doubt it.
Note to new members: please visit our Resources section and familiarize yourself with the material there, at the very least you'll see we have been doing our homework and we are not a one-theory-one-legislation group.
best,
Berkeleybee
more...
vts31
10-15 08:34 PM
my sis watches that
saran4
03-03 09:05 PM
Hi all,
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
consider i am working in location A and need to move to B from next month. is there any restriction in LCA?
why my company is not even applying? Due to some reasons they dont want to put me in location B and diverting to another location D.?
what may be the reason? why they are concerned about the offshore salary?
more...
gcformeornot
12-31 02:22 PM
friends... its not going to affect IV agenda.... no law makers are working these days... we will try hard when they come back...... meanwhile few more clicks will secure your vote.... please do so.........
2010 Nicki Minaj#39;s #39;Super Bass#39;
Macaca
12-15 01:41 PM
My lawyer had the following lines on this issue:
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
However, on a positive note, you are eligible for a special benefit for persons born in India subject to immigrant visa retrogression issues. Since you have an approved I-140 visa petition, you will qualify for a 3-year extension of H-1B visa status, with subsequent extensions possible.
It appears that the 3 year extension may not applicable to all countries. If you are not from India, you may like to check. If you check, please post the results for other persons. Thanks.
yes you will eventually get a 3 year extension after you run out of 6 year term (assuming the new company files perm and the retrogression is still there and your I140 is approved then......)
more...
breddy2000
01-04 02:59 PM
Thanks for replying to my message. Even if she leaves the country, she has no H1 or H4 visa stamping to come back. Her COS(H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 and we didn't knew that we have to apply for H4 side-by-side. Bcoz of this situation, she has neither of the status. Even if we want to apply H4, her H4 is already expired in Aug 2006 and I am not sure if we can apply for H4 now. Can we apply for H4 now...??
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
Regards,
-- Venkat
Recently there has been and update on the H1 , L1 Law stating that they have de-coupled the max limit stay on H4-H1 Visa time limits. Meaning, a period spent on H4 is not counted for 6 year limit on H1 Visa and also does not depend on ones spouses 6 years limit. So, it may be possible that you can get her H1 extended beyond the Expiry Date.
I'm not very clear about your problem((H4 to H1B) is applied in Aug 2006 and it was expired in Oct 2006 ) How can the Visa expire in 3 months? But i would suggest you to contact a Good Lawyer in this matter. We did it and it worked for us...
Also see this link on H1-L1 decoupling issue here.
http://www.murthy.com/news/n_depfam.html
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raju_abc
07-23 11:20 AM
It's not consultant, you mean to say that you applied through an agent. Know that you are the consultant but not the company or anyone else.
ya , in ur words agents
ya , in ur words agents
more...
bigboy007
10-30 05:54 PM
bumping up - any inputs please
hot Nicki Minaj Super Bass Lyrics.
cbpds
09-15 02:07 PM
he is enjoying two types of freedom now :P
Enjoy the freedom!
Enjoy the freedom!
more...
house Apparently, Nicki wants to
vandanaverdia
09-10 12:59 AM
^^^ bump ^^^
tattoo Nicki Minaj : Super Bass MP3
raj2007
04-02 09:25 PM
My employer recd an RFE on Jan 8. The Requested Evidence is supposed to be provided in 12 weeks from the date of the RFE letter(Jan 8).
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.
MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.
I am told that my attorny didn't respond to this RFE. Is it 84 days which means till April 2nd is the deadline when it is supposed to be answered. If that is the case I crossed the deadline by a day or two.
Can you experienced folks let me know if I crossed the deadline. Is there still a room to answer the ability to pay RFE?
my employer said he would answer RFE (ability to pay) if some financial adjustments are made. Is it ok and make this financial adjustment so that he can responde to the RFE inspite of the 12 week deadline just passed.
Will a delayed response for RFE for couple of days at USCIS does matter? Will they reject the evidence if they dont recieve in time?
Is it better to wait till the I140 is denied and then open an MTR? How easy and practical is it to open an MTR and successfully plead for the I140 approval?
Your early response helps me take a decision.
I have already filed 485 based on this RFE pending I140. that will go waste if I140 is denied.
Your attorney can tell if they accept late RFE reply. 12 week is enough time and I don't see anybody want to delay this.
MTR decision takes long time, around 1 year or more but you can't use 485 benefits till that is approved.
more...
pictures Nicki Minaj Super Bass.
calaway42
10-04 12:42 AM
lol .. uh-oh.. I think i did something wrong..
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
I reviewed the tuturial.. and during step2.. there should be a strip of rectengle hanging on top of it? (In my case on the left/right side..I am making a vertical one) hmmmm...
My steps..
1. I made a New File..
2. Made "layer 1" and made a 20x500 vertical rentangle with rantengle marquee tool.
3. filled it in with paint bucket
4. CTRL +click on the layer that contains my rectangle.. then moved it 1 up and 1 left..(just the whole thing moved)
5. made "layer 2" and with paint bucket I filled it with white..(BUT!! big BUT!! :) I still had Marquee tool on my rectengle.. and it looked like nothing happened to layer 1 or 2 after filling it in)
6. then CTRL +click on the layer 1.. and clicked "layer 2" when it was highlighted....
what did i do wrong? :*(
dresses nicki minaj super bass hair.
balakishore
02-01 11:55 AM
steve,
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
I know a person who applied two H1s with two different employers A and B. He got reciept numbers for both H1s' After that he hot a ref asking about which company he is going to join with.
He replied as he is going to work for company A. USCIS again send a ref asking him , why he applied for H1 with two companies when he knows that he is going to work for company A. That issues is still going on.
more...
makeup The Nicki Minaj Super Bass
immi_enthu
09-28 06:01 PM
i am in the same boat. receipt notice says Jul5 25 .. online september 15 ( I guess it is notice date)
when did your application reach USCIS. yes the online date is Notice Date.
when did your application reach USCIS. yes the online date is Notice Date.
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little_willy
12-14 01:49 AM
Sorry to hear about the situation. I would suggest re-submitting the application under premium processing with the correct information and explain that you made a mistake with the earlier application. You should receive the approval in 15 days. I would not recommend taking chances by going to the visa interview with the petition having wrong details. This will be considered fraud even though it's a screw-up by your lawyer. Also, demand your lawyer to shell out the premium processing fee.
hairstyles -video-new-song-Super-Bass
Rb_newsletter
08-20 03:35 PM
I would suggest get the passport renewed in India using tatkal system. That way you don't have to worry about POE or getting your passport renewed in USA.
raysaikat
09-13 03:56 PM
Hello,
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
I have a question about obtaining and O-1 visa (or possibly EB-1 Green Card). I did hire an attorney , but would like another look at the situation.
I am a musician, about 2 months after the end of OPT, presently in USA, with a PhD and many awards so I should qualify for O-1.
Unless you have won a grammy or a similar award, you do not necessarily qualify. Here are the requirement from USCIS:
1. Nomination for and/or recipient of significant national or international awards or prizes in his/her field (e.g. Academy, Emmy, Grammy, or Director’s Guild Award)
OR
• At least three of the following apply to him/her:
o Performed a lead, starring or critical role for organizations and establishments of distinguished reputation.
o A record of major commercial or critically acclaimed success.
o Received significant recognition for achievements from organizations, critics, government agencies, or other recognized experts in the alien’s field.
o Commands/ed high salary or other remuneration for services as compared to others in the alien’s field.
o Other comparable evidence
Aliens in the Motion Picture or TV Industry
The type of evidence that is required to establish “extraordinary achievement” in the motion picture or TV industry is in some ways similar to the type of evidence submitted to show “extraordinary ability” in the arts. The standard that must be met, however, is higher. To establish “extraordinary ability in the arts” it is enough to show a high level of achievement. For “extraordinary achievement in the motion picture or TV industry” a very high level of accomplishment is required.
When you file your petition, you must try to provide evidence of as many categories as possible. Usually the point is that what you have achieved is not *usual*. E.g., *winning* an assistantship in your graduate school does not count.
As advised, I needed an employer to sponsor the visa. My attorney suggested that Part-time is not recommendable at all. I researched and could not find if the position need to be necessarily Full-time? I have only a part time job currently and many freelancing opportunities.
Also, since the nature of my profession is freelancing (meaning I need to perform, teach...on many different places), can I be self-employed for O-1?
O-1 is the employer's petition, not yours. So you do need to have an employer. However, if you can prove that your field is traditionally self-employed, then you can have a US agent. I do not know what is a US agent; ask your lawyer.
We already filed the petition for O-1 (with the part-time employer as a sponsor) and the current status is: Additional Information/Proof Needed. We still don't have the letter stating what is needed, but I worry it's not a good sign. What do you think?
And lastly, IF it happens that O-1 is not approved, can I still apply for EB-1 Green Card?
Thank you for your answers!
EB-1 petition (assuming it is the EB-1A) standards are as follows. They are very similar to O-1 and stricter, however, legally EB1-A requirements are independent of O-1 requirement (i.e., you cannot argue that if your O-1 is approved, then EB1-A must also be approved with the same set of evidences):
Aliens with extraordinary ability are those with "extraordinary ability in the sciences, arts, education, business, or athletics which has been demonstrated by sustained national or international acclaim and whose achievements have been recognized in the field through extensive documentation." You must be one of "that small percentage who have risen to the very top of the field of endeavor," to be granted this classification. For example, if you receive a major internationally recognized award, such as a Nobel Prize, you will qualify for an EB-1 classification. Other awards may also qualify if you can document that the award is in the same class as a Nobel Prize. Since few workers receive this type of award, alternative evidence of EB-1 classification based on at least three of the types of evidence outlined below, is permitted. The worker may submit "other comparable evidence" if the following criteria do not apply:
Receipt of lesser nationally or internationally recognized prizes or awards for excellence;
Membership in associations in the field which demand outstanding achievement of their members; [It is not sufficient to be a member of an organization where you are member just by the virtue of your profession, or just because you cared to apply]
Published material about the alien in professional or major trade publications or other major media;
Evidence that the alien has judged the work of others, either individually or on a panel; [Grading your student's work does not count! If you are a judge in American Idol, Project Runway, etc., those would definitely count]
Evidence of the alien's original scientific, scholarly, artistic, athletic, or business-related contributions of major significance to the field;
Evidence of the alien's authorship of scholarly articles in professional or major trade publications or other major media;
Evidence that the alien's work has been displayed at artistic exhibitions or showcases;
Performance of a leading or critical role in distinguished organizations;
Evidence that the alien commands a high salary or other significantly high remuneration in relation to others in the field;
Evidence of commercial successes in the performing arts.
arukala
01-29 11:14 PM
Hi Friends,
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
Here is a Story:
1) My First H1 and (My wife H4) the I94's Expired on 30-Sep-08
2) Same Employer Applied for H1 Extension on Notice Date: June 17th 2008
3) RFE received on 10/05 with Employer and My Information (List of all the H1's with Receipts Numbers and W2's, Key Persons in Company, SubContract Or Project Information, Client Letter and My Recent Paystubs and My W2's and My Bank Statements)
4) Lawyer rpelied the RFE and Received by USCIS on Nov18th 2008
5) After 60 Days, Opened an SR with USCIS on 01/23/09
6) Received an Email of Denial Notice on 01/29/09
7) Reason for Denial is not Known
FYI:
1) Filed I-140 EB3 India on May 7th 2007 and RFE on Master Completion Date and Responded to RFE with New Credential Evaluation. FINALLY APPROVED I-140 on Jan 12th 2009. I didn't filed 485/EAD/AP.
Questions:
1) If I open MTR, are we (Me and My Wife) in Status?
2) How much time normally takes to accept MTR
3) How long we (Me and My Wife) can stay in USA?
4) Can I make a transfer and do a premium processing with More than 2 Companies After or Before MTR Opens?
5) Can I continue the current project After I apply MTR?
6) Can I start working with Company B While H1 Transfer is pending?
7) Do I have to wait until its Transfer gets approved Or MTR Approved?
8) What are the chances of approvals in Premium processing in Current Market
9) Can company B apply for H4 Extension Along with H1 Transfer?
I appreciate if you can let us know about other possibilities now.
Please respond at the earliest
Thanks
Ravi
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