akred
06-03 02:05 PM
The question that was asked was - is Statistics a STEM discipline. That cannot be answered from that page even though it looks so. For e.g if I choose the Mathematics Major, it only lists the occupation that requires a Math Major and not the disciplines under Math. For e.g. one one of the occupation is Natural Sciences Managers which is an occupation and not exactly a discipline.
sta�tis�tics (stə-tĭs'tĭks)
n.
(used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
(used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67
I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.
sta�tis�tics (stə-tĭs'tĭks)
n.
(used with a sing. verb) The mathematics of the collection, organization, and interpretation of numerical data, especially the analysis of population characteristics by inference from sampling.
(used with a pl. verb) Numerical data.http://www.answers.com/statistics&r=67
I would be astounded if statistics is not considered a STEM major. The only way to know for sure beyond this forum is to check with a lawyer.
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days_go_by
09-12 06:49 PM
Any advise about Unpaid vacation period in usa for h1b's and staying in usa.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
What is the legal vacation period in usa for h1b's? And how long it could be!!!
few weeks or few months???
Thanks...
-----------
I am not very sure about this, but I would assume if you are not working and not getting paid, you are out of status.
You have to be on a payroll to maintain your status.
gc4me
07-08 04:22 PM
Spouse will have to be in relation for 3 years even after getting GC. Or else upon request, GC of the spouse can be revoked by USCIS.
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nlssubbu
01-10 01:29 PM
My wife's H1 is valid until 2009. We have to travel to Canada very soon and she will return on AP (EAD approved). Can she continue on H1 for the sponsoring company as it is or any amendment/filing has to be done to regain the H1 status. I dont want her to switch to EAD (just in case things go wrong down the lane)
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
I read a couple of conflicting articles on this. From this link i interpret that one can continue on H1 after entering US on AP
http://www.murthy.com/news/UDnewins.html
"An H-1 or L-1 holder who travels out of the United States, and returns on advance parole, is authorized to continue working for the H-1 or L-1 employer. He/she would not be required to obtain an EAD to work for this same employer, within the validity dates of the H-1 or L-1 petition approval."
Can some one please throw some light.
Thanks
She can continue to work with the same employer on H1 without any issue. I did traveled back thrice using AP and renewed by H1 with the same employer twice without any issues. Though I have my H1 valid till 2010, it is invalid after my GC approval :(.
Thanks
more...
sledge_hammer
04-15 10:58 AM
Your employer did not put a gun to your head and told you to fake your resume. You wanted a quick way to get into a job and you knew what you were doing.
Like someone else here has commented, you both deserve to pay the price for what you have done!
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Like someone else here has commented, you both deserve to pay the price for what you have done!
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
supers789
07-23 03:01 PM
got following from another iv thread..
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
btw, my fragomen attorney said, it will take 6 to 8 months clear the audit.
Thanks!
-------------------
<i>July 21, 2008
Fragomen and DOL Agree to Return to Normal Processing
For Newly Filed PERM Cases
EXECUTIVE SUMMARY
The Department of Labor (DOL) has agreed that all new PERM applications filed by Fragomen will be processed normally and will not be subject to special audit.
After several weeks of discussions, the Department of Labor (DOL) and Fragomen have reached an interim agreement that will allow all new PERM applications filed by Fragomen to move forward in the normal processing queue without automatic audits. We are still talking with DOL regarding pending applications that have already been thrown into the special audit.
While we continue to have a major disagreement with DOL on its efforts to impede attorney-client communications, we have agreed to comply with DOL's new guidance bulletin, which presents a new and legally questionable interpretation of the PERM regulations regarding attorney actions. Until this interpretation is modified or judicially declared invalid, all immigration attorneys must conduct their representation in accordance with it.
Working with others in the immigration bar and business community, we will continue to pursue broader relief from DOL's misreading of the regulations and we have reserved every legal and equitable right to assert what we believe to be the proper interpretation of those regulations. Not only is this an infringement on employers' First Amendment rights, it contradicts specific language in the Department's regulations stating that employers may consult with counsel at all times "throughout the labor certification process."
If you have any questions about this alert, please contact the Fragomen attorney with whom you usually work.
Copyright � 2008 by Fragomen, Del Rey, Bernsen & Loewy, LLP</i>
more...
jsb
03-25 03:53 PM
Several weeks ago, I sent two messages to Obama about immigration issues, using "contact us" link on the whitehouse.gov website. Surprisingly today (after so many days) I got an email receipt back from them. Even though their message only had a standard reply, but it looks like some one is actually reading the messages (otherwise I would have gotten a standard reply immediately).
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
"contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.
My suggestion to IV & everyone else here is to use this method to send out our concerns to the president. Specifically request recapture of visa numbers...add that it will help resolve the housing market problem.
"contact us" gets so many messages everyday (which are first thoroughly cleared by security), that even standard acknowledgement takes days. I don't think your acknowledgement came after somebody read and understood your priority date or country limit immigration concerns.
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chanduv23
04-22 11:58 AM
There is a high possibility that more RFEs are being issued as there is a lot of background processing going on. Th economy is down and there might be instructions from top to review cases closely.
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
A denial can happen when RFEs are not responded in time.
From what I have been seeing on forum - all RFEs that people got for i 485 are not something difficult to answer.
If you look at RFEs for h1bs - some are very complicated and these days Attorneys are charging around 3K for responding to RFE with no guarantee
more...
Oasis52
05-16 09:06 AM
Thanks you are right on consular processing and you are also right that on transfer receipt one can start working
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
But I am still confused on entering USA. I read on all the forums, you can enter usa with a Transfer Receipt if your h1 stamp is still valid.
So thats something i am trying to sort out.
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pandu_hawaldar
10-17 02:44 PM
First you should fill up all the forms. (156/157) for you and your spouse, then it will let you go ahead and ask to select a date and then it will ask you to put some email address, where a link will be sent to download forms and sign them. You can click on back button and fill in more than one email id to make sure that you receive the link in one of 'em. 157 is required for certain age upto 55 years.
more...
bluez25
08-26 02:41 PM
Hi guestforgc,
If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?
Contact your attorney and see what are your options.
If you have applied for CP while you applied for 140 then you can do as I have described. But in case you have applied for AOS after you have applied for 140 you CP will automatically get canceled and converted to AOS. If you want to go back to CP , contact your attorney to do so since I know for sure there is a form to do that. But why are you confusing your self and confusing USCIS and making your case over complicated?
Contact your attorney and see what are your options.
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wandmaker
10-23 01:05 PM
Hi,
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
My mother-in-law is coming to US on 2nd Dec on a one-way ticket, she will be going back around March 09 i.e. in almost 4 months.
As we dont know abt the dates as such of return so we have booked a one-way ticket from India to US.
Will there be any problem due to that at port of entry?
Do she also need to carry travel insurance along with her?
Thanks in advance.
Buy a two way ticket with future date and adjust the later according to her comfort. With one-way ticket, your in-law will have a problem in convincing a POE officer that she will return. Do the math!
more...
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needhelp!
10-18 11:58 AM
is just as convenient.. you don't have to write a physical check.. I have been doing it.
And its better because then I know that nothing is getting cut off in terms of online processing fees.
Find a way out.
Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..
And its better because then I know that nothing is getting cut off in terms of online processing fees.
Find a way out.
Another way to contribute a smaller amount is to buy IV merchandise. Buy 5 bumper stickers..
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amoljak
10-16 02:03 PM
Kambi:
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
Based on current stats,
LC - It will take about 4 months from the date you initiate your case with your lawyer
140- Eb2 or eb 3 will take from 4 weeks to 4 months
485 - If u are from India or China and based on current situation for Eb2 it could take upto 4 years and 6-7 years for EB3. If you are from Rest of the world it would be 1-2 years.
However, if the SKIL bill passes, things could change and you could get the whole GC within 2 years or so.........Keep hopeful...that is what I am doing after 8 years on H1........with a MBA from a US University!!
In addition to what final GC said, you need at least 3 months before you file the PERM labor cert application to do all the prep work, advertise etc.
If your job falls under EB3 you are screwed no matter where you come from.
But since you will be getting a Master's degree, you can work on H1B for a year, then get a different job which falls under EB2. That way you would start your green card a year later, but you will be able to file 485 with 140 and you will get your green card much sooner.
more...
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ita
01-15 06:36 PM
Was planning to call back again.
Thank you.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
Thank you.
Thanks for calling, try to call again, and ask the receptionist to transfer to the the person who handles the immigration department. Tell him the need for recapture visa bill, as you plan to buy homes. And how this bill will help in towards minimizing the housing crisis and the downfall of the economy.
Please I humbly request all IV members to call her office.
Thank you
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sukhwinderd
03-07 09:57 AM
out of the country indefinitely and then come back lets say after 10 yrs?
more...
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CaliHoneB
01-24 03:10 PM
May be my assumption is incorrect but shouldn't India and china receive same numbers for Eb3?
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
Eb3 China received 3676 vs Eb3 India 3036.
is this difference because of the number of dependents? Any comments?
Cheers
Annual Report of the Visa Office for 2010 has been released here...
Report of the Visa Office 2010 Table of Contents (http://www.travel.state.gov/visa/statistics/statistics_5240.html)
Table V Part 2
India Received
EB1 6741
EB2 19961
EB3 3036
ROW EB2 Received 19261 (Total EB2 Minus India China Mexico and Philippines)
Other Info
EB1 received a total of 41026 which means there was no spillover from EB1.
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swamy
12-24 10:22 AM
Yes congrats indeed! lets help reclaim the true American spirit
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dixie
08-21 09:58 PM
The situation is unfair only if there is no retrogression. In that case there is a high probability that the one who applied in 2005 gets his GC (or at least EAD/AP), while a 2001 applicant's LC is still caught in the BEC.
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
But given that retrogression is very much in place for all but EB-1 and EB-2 ROW, an approved I-140 is pretty much useless except for getting 3 year extensions (and limited portability) . In that case, even if the 2005 applicant gets his I-140 approval in a jiffy, he has to wait behind the BEC victim when it comes to applying for 485 (assuming of course that BECs dont last forever).So retrogression neutralises the unfairness of BECs to a large extent.
I do agree however, that the BECs should have been cleared prior to starting the PERM system.
All the fresh H1's wait little longer, while older h1 case gets adjucated. Presently, a guy who filed in 1999, 2000, 2001 is clue less, on what is happening, a guy who filed in 2005/6 had a 140 already, is this fair ?
So to make it more evenly distributed, delay the process by 2/3 years for every new h1 applicant, and also insisting on 2 years of tax filing , will ensure, the older applications gets processed in the meanwhile, and also help the newer applications get streamlined.
Hope u got the point...
mhathi
08-25 09:23 AM
Hi kondur_007,
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
shankar_thanu
08-05 12:47 PM
RD: July 2nd
PD: Oct 2005
ND: Aug 24 2008
EB2 I
Someone in another thread posted saying TSC IO said they are processing by ND...
PD: Oct 2005
ND: Aug 24 2008
EB2 I
Someone in another thread posted saying TSC IO said they are processing by ND...
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