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
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.

21
Jul/09
0

Curb in Applications for U.K. Citizenship

The Borders, Citizenship and Immigration Bill will receive Queen Elizabeth II’s approval today:- The Bill extends the residence requirement for citizenship applicants to eight years from five for people with work permits. Those married to a British national need five years in the U.K. instead of three.

Britain has reversed its open-door policy as public concern grew over the scale of immigration since 2004, when Poland and seven other Eastern European nations joined the European Union, gaining the right to work without restriction in the U.K. Brown has focused his clampdown on migration from outside Europe, restricting both family and work visas.

Applicants can shave two years off their wait by doing approved volunteer work.

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
Jan/08
0

Time to seek asylum, be a refugee..

This may be the appropriate time to seek asylum status.. :)

To enter US ( see for detail ):

The two main ways of obtaining asylum in the United States are through the affirmative process and through the defensive process.

Key Differences Between “Affirmative” and “Defensive” Asylum Process
Affirmative Defensive
Asylum-seeker has not been placed in removal proceedings Asylum-seeker has been placed in removal proceedings in Immigration Court
Asylum-seeker affirmatively submits his or her asylum application to a USCIS Service Center Asylum-seeker:
  • Is referred by an Asylum Officer
  • Is placed in removal proceedings for immigration violations, or
  • Tried to enter the U.S. at a port-of-entry without proper documents and was found to have a credible fear of persecution or torture
Asylum-seeker appears before a USCIS Asylum Officer Asylum-seeker appears before an Immigration Judge with the Executive Office for Immigration Review
Non-adversarial interview Adversarial court hearing

To Enter Canada:

29
Nov/07
0

Looming foreclosure? Here are possible ways out

Foreclosures cost Lenders big. A single foreclosure costs a lender an average of $50,000, according to one study from Congress’ Joint Economic Committee. So, rather than just go down defeated, try make a deal with your Lender. Here are some of the things you and/or your Lender can do.
A. Lender bailout programs
Some lenders, e.g .Countrywide Financial are offering to assist home owners:

  • pledged to refinance, restructure or reduce rates ARM clients
  • restructure loans based on what borrowers could afford

B. Community “save a home” efforts

Your community or city may be having efforts to try save homes. Find out from your city what such programs exists.

15
Nov/07
0

6 Secrets of Successful Immigrants

Originally article Published Sept. 11, 2007 – MSN Money Online

by Marilyn Lewis

Many entrepreneurial newcomers to the United States prosper by exploiting opportunities missed by native-born Americans. Here’s how three made it here.

Ever wonder how some immigrants who arrive in this country with nothing can work their way into the middle class in one generation?

Immigrant entrepreneurs are the fastest-growing segment of small-business owners today, says a report on the future of small business by Intuit and the Palo Alto, California, Institute for the Future. That’s partly because immigrants have few options: U.S. jobs usually go to those fluent in the English language and American culture.

28
Oct/07
1

Law Tips:Does voluntary departure give me any advantages?

If a judge grants you a voluntary departure and notes 237(a)(1)(c)(i) and your case number on a page of your passport, do you get exemption from the 3 or 10 year re-entry bar?

NA 237(a)(1)(c)(i) is the part of the law that indicates that you were overstaying your non-immigrant visa.
The bar from entering the US is listed in INA 212(1)(9)(B):
(i) In general.-Any alien (other than an alien lawfully admitted for permanent residence) who-
(I) was unlawfully present in the United States for a period of more than 180 days but less than 1 year, voluntarily departed the United States (whether or not pursuant to section 244(e) ) prior to the commencement of proceedings under section 235(b)(1) or section 240 , and again seeks admission within 3 years of the date of such alien’s departure or removal, or
(II) has been unlawfully present in the United States for one year or more, and who again seeks admission within 10 years of the date of such alien’s departure or removal from the United States,is inadmissible.”

So, even with voluntary departure, you are not eligible to enter the US for the duration of 3/10 years.

Source: murthy Forums

Filed under: Advice, Removal, USA
22
Oct/07
0

Good to know: PBDEs increasing, risks include obesity, early puberty, infertility

CNN reports that more and more kids are accumulating PBDEs and other industrial chemicals, and are developing newer problems with no non solutions.

Danger Chemicals:

  • PBDEs:-polybrominated diphenyl ethers
  • phthalates and
  • other industrial chemicals

How they get into the body:

  • PBDEs: Deca format via electrical equipment, construction material, mattresses and textiles
  • phthalates : plastic bottles, kitchenware, toys, medical devices, personal care products and cosmetics

Problems:

  • Children: asthma, childhood cancers, birth defects, obesity and developmental disorders
  • Adults: infertility in men, obesity, etc.

Who has banned them?:

Sweden banned PBDEs in 1998. The European Union banned most PBDEs in 2004. In the United States ( the sole manufacturer of two kinds of PBDEs ) voluntarily stopped making them in 2004, except for Deca.

Source: http://www.cnn.com/2007/TECH/science/10/22/body.burden/index.html