EB2 Predictions (Rather Calculations) - 2011

[srd4gc]

I heard back from the OIA at my univ...they have scanned copies of my I20 when i arrived initially and also the one with my OPT...I am not sure which one to submit for I485 but i have asked her to email me both...

Its been a while since I looked at my I-120s/OPT EADs. This weekend's mission is to find them!!

[vizcard]

You still need an H1B for working in academia. One might get off H1B quickly through EB1 in case of well published academic - but the path still goes through H1B - right?

You do if you are "working". But if you are pursuing a PhD you are a student. I'm not sure what status one does a post doc under but I think its F1.

[red2green]

I heard back from the OIA at my univ...they have scanned copies of my I20 when i arrived initially and also the one with my OPT...I am not sure which one to submit for I485 but i have asked her to email me both...

Some universities started issuing SEVIS I-20s little late, So it is possible the initial I-20 is a regular one and the later one is SEVIS I-20. That is the case with our university. This was in 2003 spring(joining) and 2004 Fall (applying OPT). So you might want to check and use the SEVIS I-20 or send both.

[pch053]

You do if you are "working". But if you are pursuing a PhD you are a student. I'm not sure what status one does a post doc under but I think its F1.

For a Post Doc, it will be either J1 or H1 visa; this depends on the policy of the school for international researchers, field of research, country of citizenship, etc. I have seen Post Docs with both J1 and H1 visas; as a thumb rule, most of the Post Docs with Phds from foreign universities start with J1 visas (they might switch to H1, if the duration of Post Doc exceeds 2 - 3 years) and many Post Docs with Phds from US schools have H1 visa (generally, they start on OPT and then move on to H1B visa), but there are surely exceptions to the above.

[srd4gc]

Thanks, i will send both I-20s to the attorney and see what they say...

Some universities started issuing SEVIS I-20s little late, So it is possible the initial I-20 is a regular one and the later one is SEVIS I-20. That is the case with our university. This was in 2003 spring(joining) and 2004 Fall (applying OPT). So you might want to check and use the SEVIS I-20 or send both.

[srd4gc]

veni, thanks for the clarification.
My attorney also just responded and said it would not be a problem to have the gap between birthdate and issue/seal date. i just checked registration dates on our birth certificates and the difference from birthdate is only 5 days for me and 11 days for my spouse...

You need to pay attention to the registration date first.

If the registration date is few days/few weeks/ few months after birth then you should be fine. Issue date will not make any difference in this case.

If your birth is registered after several years(ex: after 10-25 year) then it is advisable to get affidavits as well.

[10102007]

Q and Gurus,

Your thoughts on this please:

Hi Q & other gurus,
I have been receiving a part of my pay as per diem. I believe the amount after subtracting the per diem amount is better than what is filed in my LCA (have to check with the lawyer though). Will per-diem pose a problem in the GC process ? Now that I'm so close, all these anxiety triggering questions are popping up.

Your responses are greatly appreciated.

Thanks

[qesehmk]

If the LCA & I-140 wages are less than your "Pay less Per Diem", I don't see any issue whatsoever.

If they are not but your total taxable pay on your W2 is more than LCA and I-140, I would still believe that you will be ok.

However if both of the above are false then you may be in trouble. Just a layman's opinion. Check w lawyers/CPAs as required.

Q and Gurus,

Your thoughts on this please:

[qesehmk]

self.coach ... don't worry .... I and other admins here very rarely boot somebody if at all. And if things are going all Kumbaya .... then there is zero chance of anybody getting the boot.

I self coach in the sainthood of giggityness :P

Q - sorry boss for a 'slight' diviation to subject (dont boot me pls)!

[veni001]

USCIS Seeks Public Comments on Proposed Rule Impacting Certain Pending Immigrant Investor (EB-5) Applications.

http://www.ofr.gov/OFRUpload/OFRData/2011-24619_PI.pdf

[10102007]

whoa!!! high school leaving certificates ...i am not sure why we need it for i485 app...

My lawyer also asked for it. They ask for it if

{BC Issue Date;Birth registration date} are more than 5-10 years (in some cases even 1 year) apart from the actual Date of Birth.

When it comes to BC the issue date and the registration date matters. If they are close to each other AND are greater than the DOB by 1 year ( conservative), then you need additional docs like HS leaving cert and/or affidavits.

[soggadu]

I self coach in the sainthood of giggityness :P

Q - sorry boss for a 'slight' diviation to subject (dont boot me pls)!

good answer self...bery bery impressed...
GIGITY GIGITY GIGITY GOOOOOOOOOOOO!!!! Not many people understand this lingo...

[soggadu]

whoa!!! high school leaving certificates ...i am not sure why we need it for i485 app...

dude...Nishant mentioned in his big note that it is for secondary evidence on BC's.... you ask the question again.... nishant bhai phepdein phad phaaad ke itna bolne ke baad bhiiii....

[nishant2200]

Ok, another golden nugget found on USCIS website, the page is having great information, and also see the last paragraph on it, that last paragraph mentions about I-20 requirement.

http://www.uscis.gov/portal/site/usc...000ecd190aRCRD

"Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card."

Now we are not really most of us in F-1 status right now, but it does indicate the mindset of USCIS is that they want the latest form I-20 and a copy of OPT EAD card to verify maintenance of status in the student visa period. This works for me, because I do not have my firstmost I-20, I did two US degrees, and only have the later I-20, and the later I-20 is in the newer style with SEVIS bar code, as well as I have the old EAD OPT card. This might be good information to know for various folks.

Also a really good thing to note is about the translation:
Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address

[soggadu]

Ok, another golden nugget found on USCIS website, the page is having great information, and also see the last paragraph on it, that last paragraph mentions about I-20 requirement.

http://www.uscis.gov/portal/site/usc...000ecd190aRCRD

"Any application or petition for an individual currently in F-1 status needs to include evidence the student has been maintaining status and has been authorized employment if applicable. Such evidence usually can be satisfied by submitting the latest Form I-20AB/I-20ID and a copy of the employment authorization card."

Now we are not really most of us in F-1 status right now, but it does indicate the mindset of USCIS is that they want the latest form I-20 and a copy of OPT EAD card to verify maintenance of status in the student visa period. This works for me, because I do not have my firstmost I-20, I did two US degrees, and only have the later I-20, and the later I-20 is in the newer style with SEVIS bar code, as well as I have the old EAD OPT card. This might be good information to know for various folks.

Also a really good thing to note is about the translation:
Please submit certified translations for all foreign language documents. The translator must certify that s/he is competent to translate and that the translation is accurate.

The certification format should include the certifier's name, signature, address, and date of certification. A suggested format is:

Certification by Translator

I [typed name], certify that I am fluent (conversant) in the English and ________ languages, and that the above/attached document is an accurate translation of the document attached entitled ______________________________.

Signature_________________________________
Date Typed Name
Address

excellent....Now we can put all our questions to rest/sleep and follow this... thanqu N....

[imechanix]

My AOS application is currently being prepared by my lawyer. I'm concerned that if the date retrogress in the next VB then I'll not be able to apply. When is the last date that my application needs to be postmarked so that USCIS can accept it. Ex: if the next VB comes on 10 Oct (& if the dates retrogress) and my application is postmarked Oct 9 then is it ok.

Thanks.

P.S:
To all who are expecting your dates to be current, collect all your reqd AOS documents, get medicals (I-693) done & push you lawyers to have the I-485, G-325, advance parole etc draft ready so they can apply early.

[MeraNoAayega]

My AOS application is currently being prepared by my lawyer. I'm concerned that if the date retrogress in the next VB then I'll not be able to apply. When is the last date that my application needs to be postmarked so that USCIS can accept it. Ex: if the next VB comes on 10 Oct (& if the dates retrogress) and my application is postmarked Oct 9 then is it ok.

Thanks.

P.S:
To all who are expecting your dates to be current, collect all your reqd AOS documents, get medicals (I-693) done & push you lawyers to have the I-485, G-325, advance parole etc draft ready so they can apply early.

If you are current in October,2011 bulletin and date retrogresses in Nov,2011 bulletin, You are still good as long as the application reaches the uscis center before November 01,2011.

[qesehmk]

The poll on October donation will be closed in next few days. If you haven't done so, and would like to do so, please vote and let us know which charity we should donate in October.

[skpanda]

you are current atleast until end of October. The Nov Visa Bulletin (released in Oct) will be effect 1st Nov 2011.

Only exception to this is that if DOS releases a special bulletin/mentions in Nov bulletin that they will not be accepting the October current applications after a particular date in October - CHANCES of this in my opinion is remote and negligible.

Note: During July 2007 fiasco... DOS gave a date (17th Aug 2007) by which all applications should have reached USCIS. As far as I know this is the only time that such a date was provided in recent past.

Good Luck!!

My AOS application is currently being prepared by my lawyer. I'm concerned that if the date retrogress in the next VB then I'll not be able to apply. When is the last date that my application needs to be postmarked so that USCIS can accept it. Ex: if the next VB comes on 10 Oct (& if the dates retrogress) and my application is postmarked Oct 9 then is it ok.

Thanks.

P.S:
To all who are expecting your dates to be current, collect all your reqd AOS documents, get medicals (I-693) done & push you lawyers to have the I-485, G-325, advance parole etc draft ready so they can apply early.

[druvraj]

I wanted to know when USCIS releases the demand data is the data as of previous month? for eg when they will release demand data in Nov it will as of Sept 30?

[nishant2200]

I wanted to know when USCIS releases the demand data is the data as of previous month? for eg when they will release demand data in Nov it will as of Sept 30?

Most likely it will be Oct 7th the friday. VB might come same day or on Oct 10th monday. Or both may come on oct 10th. I don't think, in my opinion, the demand data is going to have any bearing on Nov VB.

[qesehmk]

http://www.qesehmk.org/forums/showth...=9168#post9168

Q
where is the poll location ?

[srimurthy]

Hi Q & other gurus,
I have been receiving a part of my pay as per diem. I believe the amount after subtracting the per diem amount is better than what is filed in my LCA (have to check with the lawyer though). Will per-diem pose a problem in the GC process ? Now that I'm so close, all these anxiety triggering questions are popping up.

Your responses are greatly appreciated.

Thanks

If your pay after subtracting the per-diem is higher or equal to whats mentioned in LCA you should be good. Per-diem is for daily expenses like travel, food or phones based on business need. If the pay is falling below LCA after subtracting then better to check with your Lawyer on how to equate and show that you are earning as much as listed for that opening. And get clarification if Per-diem can be included to meet that amount.

[nishant2200]

If your pay after subtracting the per-diem is higher or equal to whats mentioned in LCA you should be good. Per-diem is for daily expenses like travel, food or phones based on business need. If the pay is falling below LCA after subtracting then better to check with your Lawyer on how to equate and show that you are earning as much as listed for that opening. And get clarification if Per-diem can be included to meet that amount.

Depending on ur employment, the employer also pays certain taxes contribution for you, as well as vacation and health insurance premiums. Also ask lawyer if these can be included if u r falling short otherwise.

Meant to answer 10102007, sorry for quoting srimurthy. Cumbersome phone.

[10102007]

Thanks Q, Nishanth and Srimurthy.

After some heartburn, came to know that it is higher than the amount quoted in the LCA. Now waiting for a new issue to pop-up.