belmontboy
04-18 11:53 PM
Hi Folks,
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
My fiancee is a MS student and currently has student loan in India being charged at 13.5%. I am wondering if there is any loan that i can get here with a lower interest rate to repay off the one in india.
I would appreciate any pointers or suggestions here.
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meridiani.planum
02-01 05:23 AM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
yes. if your wife was on H4, as soon as your 485 is approved, her H4 ends. However since your 485 is getting approved, your PD is presumably current meaning she is eligible to immediately file 485, and get to that as a legal status. If she has a dependent visa approved, and has travelled here thats nice, otherwise she has to file a 485 from your home country as a follow-to-join and htat can take some time for her to travel here.
There is no 6 month grace period as such. Its just that upto 6 months of out-of-status is forgiven at 485 approval, and since on your 485 approval your H1 ends and so does her h4, it makes her status-less here. Being in that state upto 6 months is forgiven for 485.
Its most important that you get married before the approval of your 485. Do court-marriage if your PD is current, to be on the safe side, even if the actual ceremony is still a month or two away. When to honeymoon is upto you. Cant let USCIS decide EVERYTHING, can we...
roseball
10-07 06:30 PM
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
The main issue with your PERM is to justify why your job required EB-2 qualifications as a requirement while others in your company with similar job profiles were only eligible under EB-3. That should be your main focus in preparing any documentation incase your case gets audited.
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santb1975
02-15 10:28 PM
^^^
more...
dngoyal
07-27 05:10 PM
hello rolrblade
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
Thanks for all this,
in the last you have said,
"Also the email from you is "legal authorization" to sign"
But in my case email is not attached with the application.
as I sent mail after filing the application.
is it OK?/
Pawankalyan
11-16 12:21 PM
Don't worry about processing dates..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
In a brief all centers will move 1 month forward and NSB with move 15 day forward....
The good thing regarding the processing date is we don't have retrogation..
more...
pd_recapturing
08-05 10:31 PM
One of my friends AOS got rejected just because his attorney rescheduled his interview. Somehow, USCIS local office did not acknowledge his request for interview reschedule and they sent a rejection letter saying that, he did not appear for the interview so they are rejecting his application. So the bottomline is 1) Try your best to not to reschedule it 2) If you have to, make sure that USCIS acknowledges your application to reschedule it.
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morchu
04-21 01:35 PM
See my answers below:
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
a) Yes. You need to file another H1B+COS and wait for its approval. Wont be counted in cap.
b) Yes, you can. It is a simple application. You may even travel outside of USA and get an H4 stamp from a US consulate in India/Canada/Mexico, without any COS application.
c) Yes you can file for AOS. But at the time of filing of AOS you should have an "intention" to join the employer permanently, and the offered permanent position should be available at that time, and the employer should have an "intention" to employ you permanently.
You can file for Consular Processing, but for that you might need to file an I-824 now.
Again the same things mentioned above for AOS applies.
-Morchu
a.) If i switch to H4 and after few months i get a project..can i go back to H1..->
b.) Can i file for H4 on my own..is it complicated?
c.) if i change to H4..and my PD becomes current (PD Dec 2005)
.) Can i file for AOS..as my 140 is approved..
.) Suppose i go back to desh ..can i file for consular processing..if my PD become current
thank you!
more...
new_phd
05-14 01:28 PM
Point taken.
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
I did look under the visa bulletin section of the forums, I did not see anything on pages 1 and 2 so I posted.
But, point taken.
Mocking me so much shows you in bad taste, my friends.
This is the last thing you will see me posting here.
And it is a "her".
subah ho gayi mamu ..... ae yabadaba chal iske liye chai banaa
translation: ("new_phd is finally up....
yabadaba please make tea for him")
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Saralayar
07-09 12:55 PM
Guys,
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
Lot of our friends are waiting from 1998... Please wait, your turn will come.:o
more...
ssnd03
07-12 06:44 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
It certainly is US Dept of State vs USCIS lack of communication. But when there are so many pending I485s, the unused green card visas every year are due FBI background check delay.
Retrogression is due to more demand than supply and country quotas.
But yearly unused visas are due to FBI background check delay.
There is a clear difference.
Now the rumour that on July 1 some GCs were approved without FBI check completion maybe true. But that violation is a recent event. And there could be multitude of reasons for this violation. But it is a violation
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jliechty
June 6th, 2005, 08:05 AM
Thanks. I will go back and reshoot this and experiment a bit. The scene wasn't lit by harsh light - high cloud as I recall. I actually deepended the shadows intentionally in the PS CS2 RAW converter - the original wasn't as contrasty. What is interesting is that while the actual exposure of the blown area should be well within tolerances (If I were still shooting B&W film I would have guessed it at around zone 8) it is just the one colour that is blown - and yellow is not one of the 3 channels so it must have actualy been 2 colours. I will have to keep an eye on my histogram display because I don't have the $ for a 1DSMkII!
Digital SLRs are like slide film - the dynamic range is more limited than negative film. FWIW, when you end up with detail-less yellows, the red channel is probably the one that has blown. Good luck with your tests. :)
Digital SLRs are like slide film - the dynamic range is more limited than negative film. FWIW, when you end up with detail-less yellows, the red channel is probably the one that has blown. Good luck with your tests. :)
more...
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BimmerFAn
07-20 02:12 PM
Hi Gkaplan,
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
Unfortunately, as far as I know the only way your husband can apply for your waiver independently is in the event of a divorce from or death of a J-1 Principal. Other than that, he can not apply for his own waiver independently of you. However, that said, you could always apply for a waiver. It does not have to be in the form of a No Objection Letter from your country. I heard the process for IGA waivers is substantially easier. Even though there are only a few IGA's that have official J-1 waiver channels, just about any IGA can apply for your behalf, so in reality you have a very big pool to chose from. You just have to find a few in you relevant field of study and convince them that your work here will benefit their mission.
You can apply for any change of status as soon as an H1-B a favorable recommendation is granted. You do not have to wait for the final USCIS waiver. You just have to make sure whatever center is processing you knows that you have this waiver waiting at the Vermond Service Center, VSC. The Department of State only sends these recommendations to the VSC. In fact, you can apply for an H1-B visa without the waiver if you select to have it processed ouside of the country at a consulate. Later, you can supplant the waiver in your application when you go interview with the consul.
I am not an attorney and don't claim to have any extensive knowledge of immigration law outside of my own personal experiences, so please do not take my suggestions to be 100% accurate. I would recommend you go speak with a good attorney.. By that I don't mean someone you looked up in the yellow pages or via an internet ad. You need to speak with someone from preferably a big immigration firm who will have J-1 Waiver experience and be able to handle your case properly. Big firms have research assistants who make less than minimum wage and just look up case law and different cases. Ultimately, big firms are far more useful and can offer real advice. That i definately know from my own personal experiences.
Best of luck!
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vishwak
02-01 01:40 PM
Congrats....Enjoy.
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nimb
10-15 11:43 PM
may be not related ... but can someone explain what does this line mean ...
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(
The letter must also indicate whether the terms and conditions of your employment based visa petition (or labor certification) continue to exist.
does this mean that while invoking AC21, you have to tell your new employer to support your GC application ? hope not ! whole purpose of using EAD is to get rid of sponsorship non-sense....
anyone ?
probably yes. Recently, I saw number of threads on where AC21 beneficiaries have been asked to submit 'ability to pay' documents from new employer. :(
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mammoy2k
11-13 05:49 PM
you will need to come back to atleast get AP approvals (AP expires every year), and if you are served a fingerprint notice, then come back for that. If you are going to be definately out for the next few years, another option is to do consular processing; talk to a lawyer it depends a lot on your specific case.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
Due to work, I would be in the US at least once every quarter. So I dont think that finger printing or AP renewal is a problem, as long as I can get an address where these notices come.
Thanks for your response.
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ca_immigrant
07-25 08:12 PM
thanks akred !
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
would you happen to know the approx cost for $1000 ?
or do they have this on thier website or so, I will try to search....
=========
(I just checked thier fee is nil, after looking at thier exchange rate they see to be much better than ICICI)
Thanks Again !
and more over a national bank,,, feel good when I think of using SBI instead of ICICI
now have to check if I can transfer money to my icici account using this serivce from SBI.
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ski_dude12
10-15 02:17 PM
It is possible that since you are on H1 they might have assumed that your employer filed for your GC.
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srarao
07-21 11:03 PM
Hello,
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
When I first took my medical tests for I-485 with a doctor, the doctor put an additional document stating that: "I have a positive PPD that was read as 9mm of induration. A NORMAL chest x-ray was read. The patient is refered to their PCP or County Health Department for evaluation and possible treatment with INH for 9 months".
Now I received the RFE from CIS asking for the following:
"The form I-693 submitted is hereby returned because you TB test results were not documented appropriately. Additional documentation submitted from Civil Surgeon indicates that you were possibly being refered to the County Health Department for evaluation and have received teh follow up treatment.
The I-693 form must be properly endorsed by Civil Surgeon to reflect the following:
-> The date you first refered to the local health dept for evaluation
-> Name and address of the health dept
-> results of the X-ray and other TB test
-> Based on which you are medically cleared for adjustment status
"
If anyone had similar experiences, please let me know how to proceed on this issue.
PS: I got very late appointment with County Health department, so If I go to a private TB specialist and If I take the results to the original doctor and can he able to update my I-693 based on the TB specialist results?
If I go on 9 month medication will CIS wait 9 months to further process my petition or hold my EAD status?
If I go to a new doctor and If he gives me a new set of medical results, will CIS overlook previous doctor's comments?
I dont have much time as I just had 20 days left to send back my results to CIS.
Thanks for yor help.
Ravi
dollar500
08-09 09:13 PM
This bill is mostly for aviation safety. It doesn't necessarily applies to immigrants who are applying for permanent residency.
h1bemployee
02-25 06:49 PM
can anybody help me here?
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