rbharol
08-30 12:31 PM
questin in regards to the topic here. What are the salary requirements for job for Eb2 category. Does one need to be making that much while on H1b or once he has green card.
thanks
I think for EB2 it is appx 113K USD when GC is approved.
Correction:
perm2gc is right. I am talking about California.
thanks
I think for EB2 it is appx 113K USD when GC is approved.
Correction:
perm2gc is right. I am talking about California.
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
nkavjs
09-25 02:17 PM
I would love the sound of it.. sit at home.. But what shd I answer to USCIs at the time of EAD renewal or RFE, about working less hours.. Does any law protect situations like us..like new baby law.. or over-stressed employee law.. or something...
2011 The release date for the
needhelp!
01-09 04:00 PM
I entered @ Newark in Aug 2008. The experience with using AP was smooth. I even forgot my folder with all my documents (clumsy) at the first desk which was on the lower level and the IO went and got it for me :)
more...
Leo07
02-14 12:13 PM
Thanks for your response.
"...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?
"...US resident since before Jan 1st, 1972." Don't you think people will need a time machine to qualify for that?
northedman
02-21 01:23 AM
Hello I am on H1B visa, I am going to India, not to return to US, at least for 3 or 4 years. I wanted to know If my checking, savings account's in US Banks will be valid or not? If so until what period? When do my SSN will expire? I dont plant to open any new accounts, but I just want to keep my Bank accounts open, thats why. Please let me know.
more...
glus
04-15 02:24 PM
In employment-based immigration, an I140 is an immigrant petition according to the law. So most likely INS will determinate one must work for 3 years before the I140 is filed. Many people think that an immigrant petition means filing for I485, but I don't think that the case. I140 is the immigrant petition.
I am not an attorney.
G
I am not an attorney.
G
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bibs
07-26 01:06 AM
HI
What are the documents required for EAD application assuming that I-485 application is already filed?
At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.
Thanks
What are the documents required for EAD application assuming that I-485 application is already filed?
At the time of applying for I-485, I didnot intend to apply for EAD.But after seeing a lot of application applied during July 2007, I realised that it may take years to get the Green card.So it is better to have a EAD in case if something happens to my job in the meantime.
Thanks
more...
furiouspride
01-11 09:26 PM
Retard!
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snathan
12-09 10:52 AM
Hi
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,
Thanks for letting us know...
Is visa recapture part of the this proposed dream act..? If not then it will be of no use to any of the legal workers (most of us on this forum) in the EB row.
Thanks,
Thanks for letting us know...
more...
roseball
04-04 02:49 PM
Hi thank you again, yes i understand that visa stamp is only needed for overseas travelling purpose. You raise a good point though when you said you assume i got h1 approved with i-94 attahced. This brings me to a scenario that just happened a few months back. I applied for extension h1b and h4 and we received notification that it has been approved and the approval sent to the attorney. But the attorney has disappeared. My wifes h4 approval was returned back to uscis and mine is not known where it is. we called uscis and they said we have to apply a duplicate i-824 individually to get the approval sent back to us again. i have therefore submitted i-824 application for my wife already. and i am submitting mine this week. all we have right now is h4 receipt for my wife and a copy of the approval for h1b for me (without i-94) that usually goes to the peititoner. What do you think about this?
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
Oh well, since the employer H1 approval copy does not have an attached I-94, we cannot conclude anything. File a I-824 for your H1 first, I believe your employer needs to file the I-824 for H1.....For H-4, you can do it yourself since its a personal petition....Then have your employer or employer's attorney contact USCIS and enquire whether your Extension of Status was approved as well (meaning H1 approval had an attached I-94). If thats not possible, you will have to wait till your I-824s are processed and you get new copies of the approvals to check if they have attached I-94s.
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andycool
04-21 02:59 PM
Sad story indeed.
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
They are accepting Funds Now ....
Thanks
But the website yesterday indicated that they had collected the funds to take care of moving Mahesh and his stuff to India, and that's why they stopped the collections.
So what are you guys contributing to then?
They are accepting Funds Now ....
Thanks
more...
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marwan234
10-09 09:04 PM
not yet.
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vishwak
10-11 09:07 AM
Better Luck in December bulletin for EB2 and Hope Eb3 will move forward too.
All the best to all waiting for GC like me.
All the best to all waiting for GC like me.
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JunRN
12-17 06:59 PM
What was your status when you filed? H1 or L1 or F1? Have you filed before and got rejected? Were you in deportation proceedings before?
Is your PD current in June?
Is your PD current in June?
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PD073102VA
03-26 09:43 PM
One thing is for sure, regardless of the intent of the law to facilitate immigration of people with graduate degrees in STEM, USCIS will make sure to get into the weeds of proving or disproving that either the degree is not really technical and/or the field is not related to the degree.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
It is so easy to get into fields of enigneering and technology that are not directly related to your "field of graduate studies" but you just happened ending up in that field by virtue of opportunities that came across in your professional life. Such fields could be classified as "unrelated" by USCIS even though, execution of job in that field may not be possible without gaining knowledge in the "actual field of study".
Lawmakers make laws to make things easier for people and organizations like DOL and USCIS leave no stone unturned to use the very same laws to make people's lives hell.
more...
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allen_1974
01-23 01:41 AM
Ask your H1B holding company what should be your reply in case Consultate asks you about client details. This question will come to you 100%. So prepare for it. If you and your H1B holding company is satisfied then its fine. One solutions could be to mention in DS 156 that you are workking at your H1B holding company place. But its just a thought. Discuss it with your company.
Best wishes
Best wishes
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truthinspector
01-25 03:12 PM
I do not think it would be prudent of Indian (or any other foreign) government to do so. The best they can do it to try to lure the NRIs back to India. Any effort to request immigration reforms at a government level would not be a dignified action.
The US government may (albeit privately) wonder as to why these foreign governments cannot make mends with their own system so that people do not choose to immigrate in the first place. I do not think a sensible foreign policy on Indian side would let such a talk happen.
Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to ...........
The US government may (albeit privately) wonder as to why these foreign governments cannot make mends with their own system so that people do not choose to immigrate in the first place. I do not think a sensible foreign policy on Indian side would let such a talk happen.
Is it a bad idea to ask for help from the indian government, there are ministers like "Minister for Overseas Indian Affairs - Vayalar Ravi" who is supposed to ...........
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mzdial
February 26th, 2004, 10:24 PM
Rob,
I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:
My photosig page (http://www.photosig.com/go/users/userphotos?id=38138)
I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.
-- Matt
If every member critiques 5 photos a week, in no time, all photos will have comments.
I don't know about you, but I love comments, good or bad about my photos...
many help me to focus efforts and make better images...
Thoughts??
I was a big fan of PhotoSig when I discovered it about a year ago.. I loved to look through others photos and also share some to have critiqued.. Here's my old user page over there:
My photosig page (http://www.photosig.com/go/users/userphotos?id=38138)
I haven't updated this in about a year. I'd love to see something like that over here.. I just haven't found the galleries as easy to look through as I did over there.. I actually quit going there when they changed the system and the overkill of nudes that were just distasteful.
-- Matt
If every member critiques 5 photos a week, in no time, all photos will have comments.
I don't know about you, but I love comments, good or bad about my photos...
many help me to focus efforts and make better images...
Thoughts??
Murthy
05-07 08:10 PM
The Beacon (http://blog.uscis.gov/)
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
Over the past few weeks, readers have written in with a number of comments. We wanted to take a moment to address five of the most frequent suggestions.
1) Combine EAD and AP into one document and issue for 3 years.
USCIS is in the process of developing a combination work authorization (EAD) and Advance Parole (AP) card. An announcement regarding this combination card will be made later this year.
2) Allow people with approved immigrant petition to file an I-485.
The regulations at 8 C.F.R. 245.1(a) prohibit a beneficiary of an approved I-140 or I-130 petition from filing an I-485 until a visa number is available.
3) Do not count the dependents against visa numbers.
The requirement to count dependents against available visa numbers is statutory. This is not something that USCIS is able to change on its own; it would require new legislation to be enacted by Congress in order for this to happen.
4) Publish all the backlog data including that of district offices.
USCIS is currently developing an inventory spreadsheet, similar to the one for employment-based inventory, for family-based cases awaiting visa numbers. This spreadsheet would include information about the number of cases at field offices awaiting visa numbers.
5) Publish visa numbers that have been used to date in the current year.
Unfortunately, USCIS is not able to do this, because USCIS is not the only agency that uses visa numbers (the Department of State also uses visa numbers). Accordingly, publishing USCIS�s visa number usage would not be an accurate representation of the numbers used and the numbers remaining. To determine where you stand in the visa number queue, please review the Visa Bulletin.
Three years is OK for those whose I-485 applications are not yet pre-adjudicated.
They should implement 10-year EAD plus 10 year Advance Parole to those I-485 applicants who got pre-adjudicated awaiting visa numbers.
gc_chahiye
07-09 04:25 PM
ok.. what about july 2nd filers...have i filed or not filed?
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
no. Do not count any I-485 filed in July 2007. Perhaps I should have changed that to "Filed 485 and have receipt" :)
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