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dixie
11-06 01:33 AM
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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sanju_dba
08-30 12:39 PM
I read SKIL bill and it refers to "Exempts U.S.-educated professionals with advanced degrees". I Do not see why an online master degree does not fit in here. Maybe I am missing something :)
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!
This is an excerpt of Section 201.
Section 201. United States Educated Immigrants. Exempts U.S.-educated professionals with advanced degrees and those who have been awarded a medical specialty certification based on post-doctoral training and experience
in the United States from the annual green card (i.e. immigrant visa) cap.
Yea, If(let say) most of the applicants are US-Educated professionals, then its most likely less applicants gets adjusted under VisaCap, so its a good news on either side!
san3297
11-09 08:05 PM
I filled for H1 for my wife through a company. We received an RFE requesting for original degree certificates along with some other docs. My concern is do i need to send all the orginal certificates of her or just transcripts attested by registrar is fine. If i send originals how are they going to send me back. Please let me if anyone was in this scenario before. This is first time filling of the H1 Petition. I am including the original rfe text related to the certificates.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
College/University Transcripts: Submit an original of the beneficiary's college/ university transcripts. Include all courses taken toward the degree.The transcripts must be signed and dated by the person in charge of the records. Additionally both sides of the sealed flap on the outside of the college of universitys envelope must be signed and dated by the person incharge of the records.
Original Documents: Provide the original degree and transcripts the beneficiary receive from Jawarlal Nehru Technological University. Do not send additional photocopies. Do not send an origianl document different than the one from which the photocopies were obtained.
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rameshvaid
05-26 11:50 AM
I showed my 485 Receipt notice as evidence and renewed my licence. You don't have to always produce EAD (then every 2 year you have to renew the licence).
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..
Pls. advise..
Best...
If your 485 is pending for long, You can contact USCIS over phone and create service request. USCIS will send you a letter saying that your case is pending because of so and so reason. You can take that along with you, if the BMV is asking why your 485 is pending for long.
Which DMV did you go to? My wife and son's H4's are expiring on June 4th and have pending I 485 since July 2007. They are not renewing the DL's based on the pending receipt of I 485 which they claim to be too old and need a new one.. Tried contacting USCIS but could not get through.. Can you pls. let me know which DMV did you go? How old is your pending I 485 and did you have to get a letter from USCIS? If yes, then how did u reach them and if you have any phone number for them..
Pls. advise..
Best...
more...
kaisersose
12-07 12:05 PM
A lot of folks are planning to leave the original sponsor after 180 days. My question is, is there any harm in quitting after 6 months as compared to say 9 months or a year? Would USCIS look infavorably on my application if I quit as soon as the AC21 can kick in? Would quitting after a few more months be any better?
Thanks in advance
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
Thanks in advance
There is no gain in waiting longer.
What is AC21? It exists due to immigration rules of limited PDs and backlogs which prolong the processing time of a 485 beyond 180 days. Since these delays are caused by their system, they have provided the option of switching employers as long as certain criteria is met.
As long as you meet the critieria you are all set. Waiting longer without meeting the criteria will be of no use and if you meet all the requirements of AC21, there is no reason to wait.
anu_t
07-21 03:01 PM
Yes. while applying for my new labour My lawyer and my company told me "I can not work from home". I think due to the new restrictions and everything lawyers doesn't want to take any kind of risks any more. (Means that's what I interpreted.)
more...
lostinbeta
10-21 12:23 AM
As for me... I go buck-wild
I start off with something, add something to it, add some more touches and voila.
Sometimes I start with a custom shape, sometimes I start with the line tool, sometimes the paintbrush, gradient, whatever.
Just try stuff out and go nuts.
As for Edwin... he just has to think and his computer makes what is in his head.
I start off with something, add something to it, add some more touches and voila.
Sometimes I start with a custom shape, sometimes I start with the line tool, sometimes the paintbrush, gradient, whatever.
Just try stuff out and go nuts.
As for Edwin... he just has to think and his computer makes what is in his head.
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pranavgandhi
07-16 12:59 PM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
Is there offered salary criteria associated with this category?
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
Is there offered salary criteria associated with this category?
more...
deepakjain
11-16 06:36 PM
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
I am 100% sure on what I am saying and will never suggest something to anyone if I myself has not been advised to follow the guideline.
The gentelman who replied last has already stated the same thing, work for the same employer to maintain your H1B if you enter on AP, but you will be a parolee until your H1B get renewed again.
Regards,
Deepak
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sixburgh
08-13 10:58 AM
Hmmm.....I think she is not supposed to work when on H4. As always status in US is taken by 2 ways.
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Aren't all H status people supposed to have Dual Intent?
If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....
Either Change of Status in US or Status when you enter/re-enter to US.
As your wife recent was change of Status in US which was H4. She is not supposed to work. But I believe lot of people work and there might not be an impact on your AOS.
Lets wait until Experts speak.......
I did not Change status, I extended h4 Status; In fact USCIS gave us the approval and now we are again waiting for her EAD renewal to come in soon.
Aren't all H status people supposed to have Dual Intent?
If what you are saying is true, what are the steps I need to take?
Someone is suggesting that I should revoke her h4.
What happens of the fact that she worked since the arrival of her h4 renewal.
Its been less than 100 days....
more...
girishvar
08-15 12:20 PM
There should be a good faith job offer from your GC employer as of today. You can decide not to join the job after your I-485 filing and 180 days there after.
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
Hi,
If I am working with X company & Y company is ready to file GC.
(Assuming Y has no objections even if I do not join the company at all)
Is it mandatory for the candidate to join company Y at certain stage which has file GC?
I would appreciate your comments.
Regards,
Sanjeev.
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Desi Unlucky
07-27 07:22 AM
I was not greatly familiar with the I 140 process and since long i was thinking of posting a question on the forum. Yesterday i saw this thread and tried searching if there are any answers to my Questions.
It was spot on. with in 15 minutes, thanks to the search engine i now know
1. What SRC in front of the reciept no
2. Which centers process I 140
3. What are the processing times
My suggestion to IV would be to have this search URL on the home page.
It was spot on. with in 15 minutes, thanks to the search engine i now know
1. What SRC in front of the reciept no
2. Which centers process I 140
3. What are the processing times
My suggestion to IV would be to have this search URL on the home page.
more...
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eb3_nepa
10-25 04:11 PM
EAD card approvals in the case of primary + spouse are TOTALLY INDEPENDANT of each other. So just coz your ead is approved does NOT mean ur wife's will be approved as well. Your wifes may get approved at the same time or even a few weeks later.
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ak27
06-17 02:59 PM
I have been to Infopass at least four times in last two years. It depends on service rep on the window. Some of them are very cooperative and will try to answer most of your questions but others may not answer anything. I has an appointment yesterday to figure out about Background check which has been pending for last six months. Service rep on window only told me that it is still pending, she won't say when was it ordered which part of it is pending.. I tried to impress upon her but, she got up and walk away. It was such a waste of my time...
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
It is pure luck.. Couple of times, I got a rep who had helped me with AP stuff...
more...
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needhelp!
05-16 05:10 PM
What is MI phone list?
Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.
Some of my friends got the response saying that they are getting lot of calls and your name is added to MI phone list.
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pappu
11-25 10:15 PM
We should not wait for CIR.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
If it happens its great, but if it does not, then we should have plans ready now. There needs to be effort with the new administration for administrative relief and also to continue the dialog with USCIS and DOL that we have now. We also need to meet lawmakers again in the new congress and see any opportunities for us. All background work needs to happen long before there is even a mention of CIR timeline by lawmakers.
more...
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vsrinir
11-25 09:04 AM
http://www.ilw.com/immigdaily/digest/2008,1125.shtm
The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."
Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.
The Detroit Free Press quotes Senate Majority Leader Reid "On immigration, there's been an agreement between [Mr.] Obama and [Mr.] McCain to move forward on that. ... We'll do that"; and "We've got McCain and we've got a few others. I don't expect much of a fight at all." A report in The Cherry Hill Courier Post quotes a spokesman for the Senate Majority Leader "[Mr. Reid] plans to take up immigration reform but is still working with the new administration on timing ... House leaders also have promised to consider measures." As to when comprehensive immigration reform will come up before Congress, Immigration Daily has learnt that it will come to the floor early in 2009 though it is not currently planned for Mr. Obama's first 100 days. The Cherry Hill Courier Post quotes Sen. Menendez "If lawmakers don't consider the issue early, it could 'slide into midterms' -- the 2010 election -- and again become a contentious campaign issue. This is one of those issues that needs to be done early on."
Sen. Menendez and Rep. Gutierrez are on the warpath for early passage of CIR in the 111th Congress. Sen. Menendez had the courage to singlehandedly block a five year extension of E-Verify, and will doubtless push for a significant immigration benefits downpayment before March 6th when E-Verify is set to expire. Rep. Gutierrez and the House Hispanic caucus successfully blocked immigration benefits legislation in the 110th Congress to ensure continued support for CIR. The election results have strenghthened the hand of CIR supporters in Congress. We believe that Sen. Menendez and Rep. Gutierrez are on the right track, and urge immigration advocates to support their efforts.
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dilipb
04-21 06:57 PM
It appears that everyones experience is going to be different.
Lets see what happens in Pittsburgh PA for my friend.
Lets see what happens in Pittsburgh PA for my friend.
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ita
01-15 06:04 PM
I called but I got the immigration subcommittee's VM. I left a message with my name and the reason I was calling.
andymajumder
12-12 03:59 PM
It would be interesting to see though... if we have even a single person on this forum with EB2 priority date before Jan1 2000.
Basically, that means USCIS won't issuing any EB2 india and at the end of the fiscal year we will hear of visa numbers being wasted again.
Basically, that means USCIS won't issuing any EB2 india and at the end of the fiscal year we will hear of visa numbers being wasted again.
ivuser9
03-28 07:42 PM
Thank you all for their replies, this helped
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