texcan
02-26 11:09 AM
I would like to find out if anybody here heard of H1B denial due to lack of MASTERS DEGREE IN PHYSICAL THERAPY.
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
When I first read the notice of denial from USCIS I couldnt believe it. I satosfy all of the requirements stated on the letter to practice as a PT (specialty occupation) until I read a portion in OCCUPATIONAL OUTLOOK HANDBOOK (OOH) 2008-2009 (on the same notice) which stated that it requires a masters degree in PT as an entry level to practice PT.
Ive been preacticing in the US as a licensed Physcial therapist for almost 5 years. I decided to have my H1B transfered to another employer and I got denied---for the above reasons. Im devastated. And now I have to stop working in 2 days---go back to my old employer and go home when my visa expires or I dont know...there is no paln B for now.
I know this rule ( Masters required) was put in place about a few years back. I am surprised how come your employer or you did no know . There is a date/specific year, if you passed your PT before that date you can practice without a Masters.
if your pass out date is beyond that date you have to get a masters.
Solutions, not sure how well it can work at this time; but get a masters in PT.
Other solution can be is research to find out if any state still allows you to work without MS and take appropriate step to move to that state ( transfer license etc).
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franklin
06-27 04:41 PM
This question has been answered multiple times on this forum. Instead of starting a new thread I suggest
1. Doing a forum search
2. Donating money to IV since you will have saved so much of your time getting an immediate answer
1. Doing a forum search
2. Donating money to IV since you will have saved so much of your time getting an immediate answer
reddog
02-24 12:02 PM
Recently we are seeing lot of people with new id without completing profile they are able to start new thread. What if admin enforced new user to fill the personnel information and then only they can post on this web site. More importantly some key massages\important issues get berried in active forums due to above issue.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I totally disagree with this idea.
infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
IV should not kick into protective mode cos of one tunnel rat.
the site and the forums should attract people from all walks of life, regardless of their immigration status.
what if i m a lawyer and want to respond to things or post new threads?
what if i m a citizen and want to reply to something i know?
what if i m a father of a h1b trying to find an answer on tourist visas?
I dont want a lengthly registration form for that.
Even going further we can put trial period for new users for 15 days .If they have any questions just pay 5-10 $ and get active in forum there answers will be provided by all our valued/all star members (most green as per rank) in this way we get more revenue and members get valued advice.
I totally disagree with this idea.
infact, for posting onto a forum or replying, there should be minimal registration info required, i would say, the handle, email id, password and the captcha and thats that.
IV should not kick into protective mode cos of one tunnel rat.
the site and the forums should attract people from all walks of life, regardless of their immigration status.
what if i m a lawyer and want to respond to things or post new threads?
what if i m a citizen and want to reply to something i know?
what if i m a father of a h1b trying to find an answer on tourist visas?
I dont want a lengthly registration form for that.
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bb8185
06-05 10:54 AM
You don't need to be working in the US while the AOS is pending. You just need to have the job when permanent residence is approved, or to have a job in the "same or similar occupational classification."
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
Elaine, many thanks for taking the time to be on this forum.
Can I clarify a point, if someone is laid off whilst their 485 AOS is pending, would they still be 'in status'...and if so, for how long, and at what point do they need to provide 'proof' of a future role.
Many thanks again
more...
conchshell
07-30 12:39 PM
I know that in these situations patience is virtue, but somehow in last couple of weeks my stress level is going really high. I am heavily suffering from COLTS, and these type of events just freak me out!!
zvezdast
07-04 08:50 PM
I did the fingerprinting on 06/02/07, first and only time. So, it took exactly one month between FP and 485 approval.
I hope it goes like that for everyone.
I hope it goes like that for everyone.
more...
samir
04-27 08:48 PM
Hi,
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc
Can some one help me out on the above subject, i had birthcertificate which contains only my Father's name( This birth certificate got from MRO office at AP, India). One of my friend told me that the birth certificate should contain both Mother and Father's Name.
Can some one provide me sample birth certficate , so that it will helpfull to me send to my parents, so that i will get BC from MRO office, AP, India.
Thanks inadvance
Please check with your local Indian consulate if they can issue a BC. If you have a current original passport which includes the names of both your parents, it should work fine. Your original BC is not required.
Link to this service provided by the Consulate General in San Francisco
http://www.cgisf.org/visa/indian_services.html#mis-bc
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tampacoolie
06-30 05:30 PM
:eek: right on the money. You hit the selfish lawyers head with nail here. There is no way that USCIS can reject your case. job well done.
more...
enqueued
12-15 08:43 AM
Hong
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
Your post says there was a mistake with the petition letter. Is it just the letter or in I-129? Check the copy of form I-129 and LCA. If the information in them are correct along with I-797 then you are good. If the mistake is only in the covering letter for the petition then I do not think it is a problem. When you go for stamping you have to submit onl I-797, I-129 and LCA.
If I-129 is wrong then you have to resubmit the application with USCIS. It is not correct to appear for H1 stamping with incorrect I-129.
Thanks
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wandmaker
12-18 10:21 PM
Confucious had said, when it comes to 485 and AC-21, be smart and patiently wait for the time to pass before you transform from your pre 180 days avatar (http://www.forparentsbyparents.com/images/cute_baby_2006/cute_baby_nov06_ruby_400.jpg) to your post 180 days avatar (http://i.imdb.com/Photos/Ss/0266697/KillBill_CN-99-3.jpg).
Nice quote :)
Nice quote :)
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whiteStallion
10-17 03:46 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal...
Widely known as payroll tax is actually FICA tax (http://en.wikipedia.org/wiki/Federal_Insurance_Contributions_Act_tax) 6.2 % of federal and 1.5% of medicare...together coming close to 8%. I'm not aware of any state component above this 8%...
But do consider your desi employer needs to carry a liability insurance of 1 million, otherwise most established vendors and clients won't work with him...He needs to pay premium on that depending on how many consultant are working....
So practically, claim as they may, NO consultancy firm can pay you 90% of your billing and still do business profitably.... They are hiding something behind their numbers...
If you are getting 85% of the billing and your consultancy is paying your payroll taxes and you are paying your medical insurance premium, consider that as a very good deal...
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Ann Ruben
04-17 02:21 PM
Under the US immigration system, non-US citizen applicants for admission to the US have the burden of proving to the CBP officer at the POE that they meet all of the requirements for admission in a particular visa category. The fact that USCIS has approved a petition or that a Consul has issued a visa is evidence of admissibility, but is not determinitive.
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
Thus, if a B-2 visitor is unable to prove that she is a bona fide visitor with plans to return abroad to an unrelinquished domicile, the CBP officer has the authority deny her entry. If the applicant has a visa (as opposed to applying to enter pursuant to the visa waiver program), she has the right to request a hearing before an Immigration Judge. However, she could be detained in immigration custody for several days or even weeks waiting for the hearing.
A similar problem would not arise for someone with a valid H-1 visa because H-1 visa holders are not required to have a home abroad to which they intend to return. However, there could be other reasons for an H-1 visa holder to be denied entry such as a minor criminal record or suspiscion of immigration or visa fraud.
Ann
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immi2006
05-10 10:52 AM
http://www.wsmv.com/global/story.asp?s=4883792
WASHINGTON The U-S Senate is crafting legislation that would require employers to check the Social Security numbers and the immigration status of all new hires.
Employers who don't and who hire illegal immigrants would be subjected to fines of two hundred- to six thousand dollars per violation.
And once an electronic system is up and running, fines can jump to as much as 20 thousand dollars, along with the spectre of actual prison time.
In the immigration law of 1986, Congress left it to employers to ensure they were hiring legal workers, but the law was not strictly enforced and the market has become swamped with fraudulent documents.
Reported on http://www.immigration-law.com/.
Here is the Linnk for the news article.
http://news.yahoo.com/s/ap/20060510/...tion_employers
This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.
We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).
If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.
This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.
WASHINGTON The U-S Senate is crafting legislation that would require employers to check the Social Security numbers and the immigration status of all new hires.
Employers who don't and who hire illegal immigrants would be subjected to fines of two hundred- to six thousand dollars per violation.
And once an electronic system is up and running, fines can jump to as much as 20 thousand dollars, along with the spectre of actual prison time.
In the immigration law of 1986, Congress left it to employers to ensure they were hiring legal workers, but the law was not strictly enforced and the market has become swamped with fraudulent documents.
Reported on http://www.immigration-law.com/.
Here is the Linnk for the news article.
http://news.yahoo.com/s/ap/20060510/...tion_employers
This looks good.If the Employers stop hiring Illegals, the Problem of Illiegal Immigrants would be solved to a very large extent.
We have Illiegal Immigrants coming from all over the World, because they are assured of an hourly salary of 5$/Hr(which is very handsome, compared to the situation in their respective countries).
If they stop getting employment,they would not have any incentive to take the risk of coming in here as an illegal immigrant.Ofcourse, there will still be people crossing over but that would be just a trickle as compared to the Thousands who cross over every single day.
This move is logical and more practical.If the internal mechanism is strengthened, there is no need spend Billions of $ to try to seal the Southern Borders through a wall or fence.
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sanjeev_2004
05-26 03:08 PM
As for as my knowlege pending I140s wont be effected. Senior members can currect me if i am wrong.
Thx.
Thx.
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zCool
05-21 03:33 PM
There no hard and fast rule.. so long as you can prove the intent to work permanantly.. some will say 6 months .. some will say 1 yr.
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averagedesi
08-27 08:24 PM
The only way I got to a rep is not choosing any option, the system assumes you are on rotary dial and connects you to a human
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Pagal
10-17 10:19 PM
Hello,
I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).
You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.
Good luck!
I underwent two interviews at USCIS offices... be prepared with basic documents, but don't carry a suitcase full of documents and copies etc. The officer wants to ask you questions, not to your documents (otherwise, you would receive a request for documents only). Many people take attorneys with them (generally not necessary, if your case is clean).
You can appear together for the interview. Be relaxed and answer only the questions asked (do not keep talking at length) to you. Let your wife answer any questions posed to her by herself. In case there are any documents that you do not have with you, the officer will give you enough time (typically two weeks) to come back and resubmit the documents.
Good luck!
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aadimanav
12-20 06:33 PM
I found out from discussion about the USCIS Expedite service:
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=38a127720928f010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD
"
All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The criteria are as follows:
* Severe financial loss to company or individual
* Extreme emergent situation
* Humanitarian situation
* Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States
* Department of Defense of National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)
* USCIS error
* Compelling interest of USCIS
If your case is at a local office at the time you need to make your emergency request, please go to the local office in person to make your request. Please be sure to take all supporting documentation with you.
If your case is at one of our Service Centers or the National Benefits Center, please call customer service at 1-800-375-5283 to receive further instructions on where and how to send your request.
"
I am not sure this is applicable in case of Green Card too even when the dates are not current for your category.
I guess 99.99% won't able to use it, but at least it will be helpful for 0.01% people.
It appears that this person (http://www..com/member/kurup65/) has been successful to get his GC using this expedite service (EB3 India PD: Nov 2005)
She mentioned:
"We (my husband and I) requested expedite request due to extreme emergency situation and USCIS approved it. Luckily things work out for us. Can't say too much other than that. Thanks for all the well wishes....."
Source:
http://www..com/discussion-forums/i485-1/52168049/
ENJOY!!!!
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immigrationvoice1
01-31 09:36 PM
Has anyone analyzed who would be an ideal president from our point of view? Does IV endorse any candidate?
In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?
I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.
Please correct me if I am wrong with the above.
In my opinion IV should not be "endorsing" any candidate and one among the many reasons could be, none of the members of IV have voting rights in this country! Why should IV even think of endorsing anyone in this scenario ?
I guess what you meant to ask was who amongst the current contestants does the IV leadership thinks would be pro legal highly skilled immigrant if he/she happens to get elected to the White House.
Please correct me if I am wrong with the above.
coolmanasip
07-19 10:54 AM
I would say talk to someone at H&R or alike........they will help you ammend it........this is crazy isn't it!! God knows what all we have to do to get a stupid GC!!!
krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
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