dixie
07-03 10:23 AM
If you are going to stay 2 yrs in Canada, you might as well spend 1 more yr and become a Canadian citizen.
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
I actually have a similar question. I am in the exact same situation. The question is that in this case if you have an H1 stamped in your passport, is it ok to travel to US on that H1 ? or would you need a B2 tourist visa to travel ?
I am asking since technically you are employed by same employer but you are getting paid by Candian payroll not US Payroll.
Technically, your H1-B visa is invalidated the moment you stop getting paid in the US. I do know of a lot of people who managed to re-enter the US with an old stamped H1-B; but definitely not advisable. A particularly suspicious US immigration officer in canada once asked to show my latest pay stub to prove that I am still employed with the employer who sponsored my H1-B visa !!
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yabadaba
06-30 04:07 PM
sanju,
CIR is dead. no point flogging a dead horse. right now we are just trying to gather information and facts...by calling this guy names will not help anything. i know he has been ostracized on IV a whole lot for what happened at the guiterrez rally. but let bygones be bygones... cir is dead..no point blaming him for it
CIR is dead. no point flogging a dead horse. right now we are just trying to gather information and facts...by calling this guy names will not help anything. i know he has been ostracized on IV a whole lot for what happened at the guiterrez rally. but let bygones be bygones... cir is dead..no point blaming him for it
puvathoor
03-14 03:27 PM
I read at Ron Gotcher's website that Admin fix cannot recapture unused visa #s (for that one needs a congressional mandate).. Is this correct? Can someone from IV team who has had contact with legal community comment on this?
At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..
At the same time, I think IV campaign to bring the visa recapture and other LEGAL immigration issues to the forefront is laudable. At the minimum, we have ~ 20k letters out there detailing our problems..
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setpit_gc
08-13 02:09 PM
What if that company not willing to offer any employment or no longer exists?.
more...
optimist578
01-19 07:30 AM
I-140 Filing date : Nov 2006
Category: Eb3
NSC
Category: Eb3
NSC
purgan
12-08 03:47 PM
Mike Huckabee is fast emerging as the leading Republican Presidential Candidate, and has a commanding lead in Iowa.
While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.
http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
Modernize the Process of Legal Immigration:
Increase visas for highly-skilled and highly-educated applicants.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!
While all other leading Repub contenders: McCain, Guiliani, Romney and Thompson, have expressed support for strengthening and increasing high skilled immigration, not much was known about Huckabee as he was in State Government previously.
http://www.mikehuckabee.com/?FuseAction=Newsroom.PressRelease&ID=412
Modernize the Process of Legal Immigration:
Increase visas for highly-skilled and highly-educated applicants.
Improve our immigration process so that those patiently and responsibly seeking to come here legally will not have to wait decades to share in the American dream.
Mark Krikorian's entry on Huckabee's plan. Naturally he's not happy with Any increase on immigration even if there are cuts in other areas...but who cares....every one of the likely Repub Presidential Candidates support increasing High Skill Immigration.
http://corner.nationalreview.com/post/?q=YzI5MjhhNmQwZjhjMTNlOTgyNGQxN2NkNjQ3ZmIzNzM=
The leading Democrats - Clinton, Obama and Edwards- also support increasing High Skill Immigration. I hope the Congressional leaders take note of what their future Chief Executives are saying...and ACTUALLY DO SOMETHING!!!
more...
Aah_GC
06-01 01:37 AM
As suggested by vxb.. make sure you have your I140 approved, as long as you have that - you should be good to look at other options. If you use AC21 without I140 approval, its puts you at risk as your employer can revoke I140 even after 180 days of I1485 application. Seems like you have that figured that one out.
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
The thing with your TME role is, it is very explicit with the word "Marketing" in it. The concern with USCIS is it might actually object your transition from an engineering to marketing position. Not sure if you are moving with the same GC sponsoring employer (if that is the case, you should be good). But if you are thinking about a different employer, make sure you are moving with the same / similar type of roles. After all your GC labor was approved for a specific role that did not find a GC / citizen with similar skills.
Use your AC21 privelege wisely.
Hi,
I was wondering if anyone was ever able to change from Software Engineer to Technical Marketing Engineer (TME), using the AC21 portability rules. A TME needs similar level of technical skills as that of a Software Engineer, of course used for a different purpose.
A short description of this role (for those of you who don't know about this role)
The Technical Marketing Engineer role is exciting and challenging for the employee that enjoys equally working hands on with technology in the lab and marketing this knowledge to customers. Working with marketing, engineering, services and the sales channels
I really like to consider moving to TME roles. I see this as a first point to moving to Product Manager roles. One could move to Product Manager directly, but I guess the transition for a Software Engineer will be smooth, when he/she goes from Software Engineer -> TME -> Product Manager. The advantage with TME is, you can leverage your technical skills to perform this new role and then gradually hone your marketing/soft skills, to move to the Product Manager position. This is also the input I got from the Marketing Director of one of the reputed firms.
All looks good, but I am not sure if this transition to TME will be acceptable under the AC21 rules. It would be nice to know if anyone has ever able to do it successfully (without getting any RFEs/rejections). Right now, I have a feeling that I am totally stuck in the Software Engineer role and really like to explore my options.
Appreciate your thoughts on this
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same_old_guy
10-25 01:55 PM
I said the same thing. I WILL NOT spend $1000 for nothing when my PD is not current.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
Fortunately, I got my I-140 approved last week. It was sent on Mid-May. It's EB2 NSC.
So just hang in there, unless your 6th year H1 is expiring in new few days.
more...
dskhabra
01-06 09:42 AM
There will be no movement for EB2I without spill over. It seems this year is the key as the spillover expected is much more than the previous years (based on the pending application numbers). 10K from last year's family based leftover numbers should also go to EB2 I and EB2 C.
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wandmaker
10-28 12:11 PM
- Pre-approved labor dated 03/2004
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.
- Filed 140 in 04/2007 and filed 485 in 08/2007. Got EADs as well
- RFE on 140 after 2 years waiting (in fact it was on the last day of 2nd year. In between, it was passed thru all the 4 centers and came back to same place where it was filed). Education mismatch and other stuff. Employer responded in 21 days
- 2nd RFE on 140 after 30 days - Education mismatch - Again responded
- There was no response even after 60 days, so we called and created a service request.
- Finally the 140 has been denied today. I did not get the notice yet. I'm thinking, it is because of Education mismatch
The labor was for 4years degree and I have 3 years degree + 1 year post graduate diploma with 8 years experience by the time filing 140. And I did my masters in US, but I got this after couple of months of I filed my 140.
Please advice what are options available for me.
USCIS used to accept 3=4, 60 page template evaluations - it is no longer the case. Second, your is SL, it always throws a doubt in legitimacy of job offer. Given the current sitiation, 2nd RFE is mainly on education because USCIS is not convinced with your 1st response. Your chances of success is slim (if you can prove the 3 +1 is in the same line of study) to none - Restart your GC. You are now paying the price for choosing the SL route.
more...
Ramba
01-03 03:57 PM
USCIS process 485 based only on received date of 485. They dont consider PD, country of chargability, immigration class EB1 or EB2 etc, when processing/reviewing your file..
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
After processing, when it comes to take decision (to approve) they will check for visa number availabilty based on PD, country, class etc. If visa number is available on the day of their reviewing your file, they approve it. If not, they pre-approve the application and close the file. Your name will be in the pre-approved data base with PD, country, class etc... They priodically check this data base with visa number availability (DOS visa bulliton) and issue the GC whoever eligible based on visa bulliton. This is what happened when uscis approved about 40-60K 485s in July first week.
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fasterthanlight�
05-12 12:14 PM
The dont is quite hard to make out
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
**font perhaps?
Did you think of maybe reversing the stroke and fill colours of the font to achieve better contrast? instead of green stroke white outline, the apple, for example, reverse it so that it is white on the outside, green on the inside, because the green tends to blend in with the fruit.
more...
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vivekm1309
04-07 10:44 AM
Just sharing my experience, My company lawyer has provided me the photocopy of I140 approval, he didnot resist in anyway.
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saileshdude
11-01 01:27 PM
Thanks for the response.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
IF I port to self employment will things be any better?
That way I can be a consultant and work in my field. I can generate enough work. Also, how would USCIS exactly know what kind of work a person is doing?
Thanks
Self porting or even working for consultancy firm when moving from a full-time job to consultant is risky. Nowadays, there have been more RFE asking for client letter to make sure that the job description you are working matches with that mentioned in LC. So this is how they know what kind of work you are doing. Your client should be willing to provide you with a letter that matches the job description. This is especially if you were working full-time and now moved to consultancy or self-ported and working as consultant. There has been more RFE and scrutinity of applications recently.
more...
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sanju
08-13 12:51 AM
When India won its first Olympics individual medal, someone posted it on this site. People descended on that poor guy asking him to stick to the subject. Now where are those guys? Do I need to assume that they are not offended by this time?
Well, are we all not trying to be Americans? So what’s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.
Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.
The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That’s just Great…. maybe that’s part of being human …. do we expect ourselves to behave/react better than this…. Maybe we just want others to behave better than "this".
Well, are we all not trying to be Americans? So what’s wrong with cheering for the guy who makes this nation proud? If we were ALL trying to permanently migrate to India, in that case you will not see any opposition to Bhindra's achievement. I personally think that there is no need to make issue out of "this" or "that" on the forum for everything going on in the world. Both these gentleman and others who did well are remarkably disciplined human beings and we ought to celebrate their perfection, maybe by trying to be closer to perfection showing a little more appreciation for each other.
Although I must quote a reporter on the news recently who said "When we wave Americans flags, we want to be called/seen as patriots and when others wave their flags, we call them nationalist". I found this comment very interesting.
The point is, no matter what, we will find our differences superseding anything and everything in front of us under any given situation. That’s just Great…. maybe that’s part of being human …. do we expect ourselves to behave/react better than this…. Maybe we just want others to behave better than "this".
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go_guy123
10-02 01:51 PM
Can someone on this forum please let me know if i can keep my Canadian PR after my 485 is approved?
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Long term US citizenship is far better. No confusion about that.
If you have a GC/US citizenship job opportunities are far far more in US.
I know because I live in Canada and worked on H1B in US and also worked in India.
Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.
The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).
I dont think approval is going to come that soon for me (I am in EB3 category PD 09/06).
Reason i have asked the above question is because i have my Canadian PR and i know that i can stay outside canada for 3 yrs out of 5 years to maintain PR.
Incase, 485 does not approve in 3 years, then i have to move to Canada to maintain my PR (no option left).
But incase,485 does gets approved within 3 yrs then i will be in a fix as to whether i should keep PR or GC.
Now if there is an option to keep both, then it is gr8, but what if there is no option. i certainly dont want to loose my Canadian PR as i think in long term Canadian Citizenship is better.
Someone please respond.
Long term US citizenship is far better. No confusion about that.
If you have a GC/US citizenship job opportunities are far far more in US.
I know because I live in Canada and worked on H1B in US and also worked in India.
Well for Canadian citizenship you need to physically stay 3 years in the last 4 years.
Coming back to reality EB3-India with PD of 2006, getting GC in the next 3 years is a pipe dream (really what are you smoking ? I also want to try that) without a piecemeal bill passed for visa recapture etc.
The strategy would be to make move to Canada after 2.5 years or so (unless your spouse is a Canadian citizen).
more...
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mariusp
08-12 03:37 PM
I submitted my 485 on July 12 and I got an 08/05 LUD on my pending I-140. Could be coincidence or they checked my 140 as part of the initial 485 processing...
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salai007
07-17 06:05 PM
My Big thanks to IV core members !!!
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cheg
09-26 02:39 PM
Congratulations!!! Yes, GC still sucks so good luck to us all! :D
forgerator
12-17 12:19 PM
is the best way to carry cash.... If you do not want money right away, you wait until dollar appreciate...if you carry cash, it is a risk/liability...
Agreed.
I don't know about India but in Pakistan carrying cash is a huge risk. I have heard several stories of people (including relatives of some of my friends) who got robbed upon arriving at Karachi and they were carrying lots of cash / jewelry.
Why take the risk?
Agreed.
I don't know about India but in Pakistan carrying cash is a huge risk. I have heard several stories of people (including relatives of some of my friends) who got robbed upon arriving at Karachi and they were carrying lots of cash / jewelry.
Why take the risk?
sanan
06-05 08:29 AM
I got mine today! 5 year long wait ...Phew!!
Although I am yet to file for my wife...who is on H4...what happens to her status?
Although I am yet to file for my wife...who is on H4...what happens to her status?
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