9
Aug/10
0

US Education and H1B

Ability to Attend School in H1B / H-4 or Other Status
One does not have to be an F-1 student to attend school in the United States. H1B workers can attend school, provided they continue in their H1B employment. The guidance on this is quite old and simply states that the H1B employment must be the primary reason for being in the United States.
Thus, the general practice is for an individual to work full time in H1B status, and attend school on a part-time basis. H-4 spouses and children can attend school on a full- or part-time basis. The same rules hold for most other nonimmigrant statuses, with the exception of F-2s.
Individuals with pending adjustment-of-status (I-485) cases can also attend school. The primary applicants in employment-based I-485 cases also need to have a valid qualifying job offer, in addition to any educational pursuits.
Here are some  little known facts about going back to school and the H1B status

Q: Can one go back to study/Attend School while on H1B / H-4 or Other Status ?
Generally  one needs a F-1 to attend school. But once you are in the US on some other status, you may be able to attend school.  H1B visa holders can attend school, provided they continue in their H1B employment.
Generally an individual may work full time in H1B status, and attend school on a part-time basis. In addition:
  • H-4 spouses and defendant children  can attend school on a full- or part-time basis.
  • The same rules hold for most other nonimmigrant statuses, with the exception of F-2s.
  • Individuals with pending adjustment-of-status (I-485) cases can also attend school.
Q: Can i use my gained Education while Working with GC Employer  to assist in my LC?
In the PERM labor certification (PERM / LC) context, there is an issue with respect to education gained while working for the sponsoring employer. It may not be possible to  use education gained while working with one’s employer as a requirement for an employer-sponsored position in a PERM / LC case.
The labor certification case must be based upon the employer’s actual minimum education and/or experience requirements for the position. If an individual was hired prior to obtaining a certain degree, then that degree normally would not be regarded as a minimum requirement for the job.
Q: Is Employer-Paid Education a Problem for GC Sponsorship ?
The PERM application asks whether the employer paid for any of the beneficiary’s education or training that is necessary to satisfy the employer’s job requirements for the position. If the answer to this question is yes, the employer must be offering similar training to domestic applicants for that particular position.So, normally, it will not be possible to utilize education paid for by the sponsoring employer as a requirement for the offered position in a PERM / LC.
Source: Advice materials from attorney Shela murthy
24
Mar/10
0

Job Advert:IPA-Kenya

Position: Deputy Project Manager
Start Date: April/May 2010
Location: Busia, Kenya with flexibility to travel/relocate to Kisumu, Nairobi or
elsewhere in Kenya if the work requires
Application Deadline: 11 April 2010

About Innovations for Poverty Action
IPA is a non‐profit organization that creates and evaluates approaches to solving development
problems and disseminates information about what works and what does not to policymakers,
practitioners, investors and donors around the world.

More info. IPA – Deputy Project Manager Job Advertisement

28
Jul/09
0

Most desirebale degrees

According to a recent survey from the National Association of Colleges and Employers, which tracks college graduates’ job offers, the top 15 highest-earning college degrees all have one thing in common — math skills. Specifically, they are in science, engineering and math.

Here is the list:

topEarners

Keep that in mind  as you seek study opportunities.

24
Jul/09
0

US DV Lottery 2010 Status Check Available online

The DOS has provided an online status check for those who applied for DV-2010

To use the online system, you must:

  1. the confirmation number received following submission of the DV lottery application.
  2. The name and birth date information.

Selection alone does not grant individuals or immediate family members U.S. permanent residence. You must move forward either to adjust their status to permanent residence in the United States, or to complete consular processing for an immigrant visa at the appropriate U.S. consulate abroad within the time-frames required by law. You must meet general requirements for these procedures, as well as requirements for the DV lottery. More people are granted winner letters than ultimately receive permanent residence under the DV program.

The online form is at the dv lottery site at http;//www.dvlottery.state.gov/ESC/

17
Jul/09
1

Exchange Visitor Skills List – 2009

New Skills list out for those seeking J-1 visa.

The Exchange Visitor Skills List is a list of fields of specialized knowledge and skills that are deemed necessary for the development of an exchange visitor’s home country. When you agree to participate in an Exchange Visitor Program, if your skill is on your country’s Skills List you are subject to the two-year foreign residence (home-country physical presence) requirement, which requires you to return to your home country for two years at the end of your exchange visitor program. This requirement under immigration law is based on Section 212(e) of the Immigration and Nationality Act, as amended.

The 2009 Skill List applies to all Exchange Visitors starting June 28, 2009. Exchange Visitors who entered the U.S. prior to June 28 continue to be governed by the list that was in affect when they entered on the J-1 visa.

Look here for the full list that applies to you.

1
Aug/08
0

New Vaccinations and Revised Medical Form for Green Card applications

Now females need the new ( and controversial for the desire to administer it to girls in 6ith grade) HPV vaccine!

Green card applicants have been required to have vaccinations for the following:

mumps, measles, rubella, polio, tetanus and diphtheria toxoids, pertussis, influenzae Type B (HIB), hepatitis B, varicella, pneumococcal, and influenza.

Now, begining August 1st 2008, approval of I-485 needs these extra vaccines:

rotavirus, hepatitis A (for young children), meningococcal, human papillomavirus (HPV) ( recommended for females 11 to 26 ) and zoster vaccines ( (for shingles- needed for those over 60 years of age )

As such, the Form I-693, Report of Medical Examination and Vaccination Record, has been revised to reflect the new vaccination requirements. The revised ( June 5, 2008 edition of Form I-693 for medical examinations) to be completed, must be used for medical exams completed on or after August 1, 2008.

More informations:

CDC vaccines page

Information for Surgeons

29
Jul/08
0

Did you know you can walk away from your mortgage, unscarthed?

If you are one of those caught by the US mortgage crisis, as a good number of Americans have been, there are some options that might help you out.

A. The October FHA deal

By October 2008, the FHA deal is coming into force. The new regulation may enable you to transfer your mortgage over to FHA, with better terms. There are strict conditions, but you can survive it.

B. I do not qualify for the new FHA deal

If you know for sure you are bound to loose your house, or have negative equity in your home, it may be better to just walk away from the mortgage. But before you do so, first make sure some things are certain:

  • you have a place to live
  • you have a decent vehicle to last you at least five years, and
  • you know that your home qualifies ( business or secondary homes may not qualify ).

Advantages of letting the bank take back “their” house are:

  • If you have negative equity, you do not owe on that balance
  • saves you on making payments that are not making any dents in your debt

Of course, you have to dig in for the 7 (seven ) years that you will be having negative reports on your credit file.

More about the FHA deal

To qualify:

  1. You must live in your home
  2. Your loan must have been issued between January 2005 and June 2007.
  3. You must be spending at least 31% of your gross monthly income on mortgage debt.
  4. You can be up to date or in default, but you must prove that you will not be able to keep paying your existing mortgage

To Apply

-Contact your current mortgage servicer or go directly to an FHA-approved lender for help.

13
May/08
0

Working while on F1/J1 (Student) Visa

International students are allowed employment during the studies in the United States ( limits this employment to 20 hours per week or less during the academic year). This employment is strictly on-campus ( limited to the University – based, on campus employment.)

International students are never authorized – except via specific USCIS permission, to work off campus. To get this authorization, you normally apply for a work permit or the Employment Authorization Document, EAD, from the USCIS. The EAD approval may take up to 6 months or longer.

Prior to beginning any employment on campus, all students must have a Social Security Number (SSN). To request a SSN, a students needs to contact the International Office ( normally referred to as ISO) to make such requests. SSN Approvals generally takes from 10 to 15 days.

Upon successfully attainment of a SSN, the student must then fill out the I-9 before starting employment.

Always ask with the ISO for possibilities of work opportunities on/off campus. Plan accordingly, especially for off campus work, as the EAD may take longer than the stipulated 6 months. Note that is also generally not easy for undergraduates to be allowed to work off campus during their first semester/year of study.

22
Apr/08
0

OPT be 29 months for STEM students

The U.S. Department of Homeland Security released today an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. The extension will be available to F-1 students with a degree in STEM( science, technology, engineering, or mathematics ) who are employed by businesses enrolled in the E-Verify program.

Another aspect of the rule responds to the situation in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The interim final rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.

To be eligible for an OPT extension, an F-1 non-immigrant student must:

  • Currently be participating in a 12-month period of approved post-completion OPT;
  • Have successfully completed a degree in  (STEM) included in the DHS STEM Designated Degree Program List from a college or university certified by the U.S. Immigration and Customs Enforcement’s Student and Exchange Visitor Program;
  • Be working for a U.S. employer in a job directly related to the student’s major area of study;
  • Be working for, or accepted employment with, an employer enrolled in U.S. Citizenship and Immigration Services’ E-Verify program. E-Verify is a free, internet-based system operated in partnership with the Social Security Administration that helps employers to determine the employment eligibility of newly-hired employees; and
  • Properly maintain F-1 status.
26
Mar/08
1

H1B visa cap in April 1st 2008

Update: Both the 20,000 and General Cap met by application date.

The USCIS issued a final rule for the H1B selection process for FY 2009.

(i) Multiple H1B Filings for an Employee by same employer prohibited, but an individual may be the beneficiary of multiple petitions filed by different companies.

(ii)The first 20,000 H1B petitions received for foreign nationals who have a U.S. master’s or higher degree are exempt from the regular 65,000 H1B cap.

(ii) If both the 20,000 and 65,000 caps are reached in the first five business days of filing, there will first be a lottery of the cases requesting the advance degree cap, then a lottery of all remaining cases.