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I am planning on sending my application on July 27th via overnight mail so that it reaches USCIS on July 30th. Hopefully, they will not reject my application as I would have paid the new increased filing fee ;) . On a serious note, I am planning on filing the I-485. My employer is...

Course work completion is not sufficient to apply for H1B. You will need to get a letter from the Registrar's office stating that all requirements for the Master's Degree is complete and that you have applied for graduation and that you will be awarded degree at end of this semester/ quarter/...

You can go back to the University on full time F1 status only if you join a different program. OPT means that the University has agreed that you are done with all course work and now you can get out and work. I was in a similar situuation a few years back (though not related to quota) - I had...

Samsarala, Even if you have an agreement with the employer to pay H1B fees, the employer cannot deduct it from your salary. That would be illegal (not sure if it depends on the state - but here in Ohio it is illegal). The way they can claim the money from you is by asking you to give them a...

H1B 7th Year Extension after Labor Approval Hello, I need some expert advice on H1B 7th year renewal. My 6 years of H1 is expiring on June 14, 2007. My labor (PERM) was approved in the first week of June 2006. My question is this: my company has not yet applied for I-140. Is there a rule that...

I need some guidance from the experts in this forum. I have come to the US from India to join University A in Fall '06. I also have admission in University B for Fall '06. On my F1 visa, the stamping is for University A - but I really want to study in University B. I called up University B and...

At the most a H4 can do is volunteer. In that case, you can claim any expenses as tax deduction and that too if the organization that you volunteer for is a 501(c)(3) organization.

There is no law that states that if both applicants are on H1B - then one cannot be another's dependent. Since both of you are MS and both have more than 4+ yrs on your H1 - an idea case would be for one of you to apply for Labor Certification right away (make sure that you word it carefully -...

Strictly speaking, only one of you need to apply for the GC. However, under the current law, you cannot be on a H1B status for more than 6 yrs, unless you have applied for LC atleast 365 days prior to the expiration of the 6th yr H1B. If you are like most of us in this forum (born in India and...

kae_jolie, I filed PERM with requirement of BS + 5yrs with alternate requirement of MS + 2yrs. This will let my employer file for I-140 under the EB2 category. The title of my job in the PERM application is Software Engineer/ Analyst. If you are confident that you will meet the target of 76K...

It is best that you send the original I-797. Also make sure that you send a notarized copy of your passport. In Chennai consulate, they ask everything in original. My friend's wife went for her interview this month (June 2006) - and they asked her for original I-797 when she submitted a...

If the agreement does not have a break clause, then it is not enforcable - but talk to a lawyer. A break clause is usually something like you will have to pay full costs paid by the company for the GC process or something similar. But be careful - if you quit before two years - and the...

A transit visa is required only if you are transiting through an European country (there may be some countries that do not have this requirement - I am not sure). In your case, your flight is from US to India directly - you will not be landing in any country before reaching Delhi. I travelled...

You cannot use your experience before Master's if qualifications are MS with 1+ yrs experience. At the I-140 stage your application will trigger a RFE or a RFE with intent to deny if you do not submit letter of experience with atleast one year of experience after you have completed your...

One can file under EB2 category only if the job requires a Master's degree. Simply having a Master's does not qualify one for EB2. The employer must specify in the job description that a Master's degree is a must. And in your husband's case the employer must also specify that minimum experience...

YES! BS + 5 yrs Applied on 22nd May, 2006 Received the email on 23rd May, 2006 June 9th 2006 PERM approved :D

Perm Approved :) BS + 5 Programmer/ Analyst Applied on May 22nd, 2006 Received the email on 23rd, 2006 June 9th 2006 PERM approved :D I was afraid that my PERM would get rejected due to a huge difference in wage (my wage was $13K - $14K more than what was returned from SWA). Columbus...

kae_jolie, EB2 is for the I-140 & I-485 processes. Labor Certification is only to prove that there are no qualified U.S. Citizens/ LPRs available for your job. At the Labor Certification process, you specify the degree and the experience required for the job. This will determine later on as to...

Mine is a level 3 - although my wage is about $2K - $3K higher than Level 4.

Offered wage higher than Prevailing Wage - EB2 My employer has filed for LC under EB2 for BS + 5 yrs experience. The prevailing wage returned by the local SWA is about $13K - $14K less than the wages being offered to me. Will this cause any problems for getting the LC approved? as my wages are...