imh1b
04-19 09:06 AM
Can the agent pay your salary as per market rate?
snathan
04-21 07:14 PM
Hi, I just got my LC approved after about 7 months of waiting as EB3, My PD is Sep 08. Its now time to start filing for the I-140, what can I do to port my EB3 to EB2? (I'm from Europe and I have 6 years of work experience and a MS Finance degree from a US university).
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
I do not know what you are trying to achive by porting from EB3 to EB2 with PD of sep 2008. I am not sure if you understand the meaning of porting.
Do I need to "change" job within my company?
Do I need to redo all the work (job postings, PERM application etc) even that I have my LC approved?
I do not know what you are trying to achive by porting from EB3 to EB2 with PD of sep 2008. I am not sure if you understand the meaning of porting.
sandy_anand
10-22 12:17 PM
Not unless there is visa recapture of some kind or increased quota through CIR...sad but true! :mad:
raju123
06-18 01:05 PM
Ask for the copies and doctor will give copies of all reports.
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
Will the doctor share the results of the Tests with us ?Can we assume if we get the sealed envelope ,every thing is fine ?
more...
vrbest
03-23 10:59 AM
Our deepest condolenses and sympathies to thier families. May their souls rest in peace.
Please be safe and wear seatbelts always..
Please be safe and wear seatbelts always..
Ann Ruben
02-06 12:22 PM
Hi Horscorp,
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
It is possible to transfer the H1 with validity to 30-Sep-2011 as long as the PERM is active. However, once approved, the PERM will "expire" if no I-140 is filed within 180 days, and eligibility for further one year extensions would end. Similarly, if the employer withdraws the PERM or if it is denied and no appeal is taken further extensions based on that PERM would not be granted.
Ann
more...
bestin
06-18 08:49 PM
Hi
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
I have a 4 yr degree + approx 7 yrs experience before joining current company in US.My labor required a bachelor+5 yr progressive experience and did not mention about Masters.
140 filed under EB2.
I recently received RFE .In one of the point the officer has mentioned that the classicfication requires advanced degree and has asked me to submit academic record for advanced degree in addition to transcript+credithours+attendence for bachelor degree.
I have been thinking that bachelor+ 5 yrs experience is ok for EB2.But now i am confused.
Pls throw in some light.
abingc
08-16 03:22 PM
Hi,
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
My H1-B Transfer has applied on 08-05-2010 in Premium Processing in California Center. I have not yet recieved any receipt until now (11 calendar days have passed; 7 working days). I asked the HR people of the company and they said usually it takes some time to get the receipt number. I am worried because it has already 11 calendar days and did not get any receipt number even though it is premium processing. Should I ask attorney to check with USCIS regarding my status of the petition? Are there any delays right now in the processing times in California Center? Is there any way that I can check my H1-B Transfer status with out having the reciept number? Should I ask the Attorney to contact the USCIS office?
By the way Attorney told that I can work for this company (who filed my transfer petition) as I got my LCA and right now I am working with this company.
Please throw some light on my case...
Thank you very much.
I also want to know if it is ok to join the new employer after the H1b transfer request has been fedexed? or should i wait for the Receipt?
more...
Prashanthi
07-22 05:43 PM
Hi,
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
Could you please advice for the below case.
Entered US on H4 in 2005, then got H1 approved in 2006. But was never on project with H1, hence no pay stubs. Currently H1 has expired and planning to go India for H4 stamping. Will there be any problems regarding the H1 period where there were no Paystubs?
Thanks
Yes you will have a problem as you received a COS to H-1 and never worked on it from 2006, you are technically out of status for that period. In addition your I-94 has not expired and you are still in the country, if it has expired more than 6 months ago their are other issues of unlawful presence. When you go out of the country for a stamping the officer will look at your status before granting you a H-4. You are in trouble, suggest you take a consultation with an attorney to try and resolve your problem.
quizzer
11-10 02:22 AM
Hello,
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
Can you tell me ur dates:
I140 RD
RFE received date?
final approval date?
Service center?
Thanks
My case is EB2. I have a B.Sc Physics degree + 1 Year PGDCA + 19 years of experience in software development field. USCIS issued an RFE on my case, requesting the transcript of my degree. Before my lawyer responded to the RFE, surprisingly, my I-140 was approved. I wish the same happens in your case, too.
Can you tell me ur dates:
I140 RD
RFE received date?
final approval date?
Service center?
Thanks
more...
gc_chahiye
04-19 10:15 PM
can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?
Googling around, and am not able to find anything...
Googling around, and am not able to find anything...
gc28262
12-16 12:02 PM
I have a valid H1 till 2012. As my company was going lean during the recession they asked me to work in India (no office in India - was working at home) for 1 year. Now they want me back in US. I am planning to get back in Feb 2010. I was not on payroll for 2009. My company transferred an amount every month to my indian bank account. My questions -
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
1. At the Point of Entry (POE) will they ask me why i was out of US for 1 year? - what should i tell them - will "health reasons" work?
3. Will they ask for payroll or W2 for 2009?
2. Will they ask me any sort of documents - other than I797?
Heard that POE's at Washington, Chicago are pretty strict - can someone please suggest a POE that i should choose.
Thanks in advance.
You need to have paystubs for the period you were present in US on H1B. You don't need paystub for the period you were in India.
Your H1B is still valid.
I guess that answers part of your question.
more...
Earned_GC
02-10 09:19 AM
Hi All:
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
Question: I have a I-140 PD Sept 2005 - EB-3, And completed 4.5 years (6year end oin July 2008) on H1. I changed the job in Jan, 2007 and using the approved I-140- 3 year H1 Ext rule, I received my extention for 3 year until 2010. Now my new employer des not want to file for greencard for 1 year. meanwhile if my old employer withdraws my I-140 what would happen in this case, if I start my LC application in jan 2008.
dravid88
10-17 06:29 AM
Tax Credits (http://www.extramortgages.com/first-time-buyers Tax Credits)
more...
ramaonline
03-05 01:35 AM
Any kind of full time employment with monetary gains is not allowed on h4 status. You can legally go to university or any community college full time, and take up any kind of training programs or voluntary work with no remuneration. Also, passive investment such as stocks/ bonds etc is OK.
If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..
If your spouse's GC process reaches the 485/EAD stage, then you can get work authorization with EAD to do any kind of work full time or part time. Without EAD, you need some other work authorization such as H1 / L1 visa to work legally..
GCOP
07-21 04:01 PM
Really sorry to know your situation. I really hope that attorney on this forum can come up with some idea. In the meantime, check with your attorney. Best of Luck.
more...
uslegals
01-27 01:48 PM
We recd. our 485 approval last week and recd. the cards in the mail earlier this week. We were interviewed at the local USCIS for our 485's, 2 weeks ago. It went really smooth and case was approved the same day as the interview.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
I would like to whole-heartedly thank IV core and all IV members. This site has been an amazing resource of information & support for us thru our journey. I became a IV member during the July 2007 fiasco. We were there at the IV rally in DC in Sept 2007, have attended local chapter meetings. We will continue to support IV in it's mission.
Thanks everybody.!
EB-II (India)
PD - April 2006
Filed 485 (spouse & myself) - July 2007
485 Approved / Cards recd - January 2011.
Nikith77
12-17 11:13 AM
Dude wakeup, this is a old story. please read all the post before you create a new one.
vamsi_poondla
09-10 10:45 AM
All,
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
I think we are most close to H-1B process and thus we should be one who should propose changes to H-1B program to congress so that they can make program more fair and transparent to all. I suggest the following changes. I think IV core should take this up with senator/house representative.
H1-B improvements:
1) Instead of visa becoming available once every year (1 October), make visa � of the visa quota available every quarter and one can apply for visa in any given quarter on any day of the quarter or 10 days before the start of the quarter. Unused visas of preceding quarter are added to the next quarter.
2) Remove lottery system of awarding visa. In stead use the following method:
a. Until the first day of quarter, all applications for that quarter is accepted (first day of the quarter not included). Visa availability decision is made on first day of the quarter and then every first day of the week of that quarter. Let call these days �visa count day (VCD)�.
b. If number of application received between to consecutive �visa count day� or before the first VCD is less then number of available visas, all those applications are assigned available visas. Available visa count is reduced by number of applications with assigned visas.
c. No application is accepted if it was received on or after the VCD AND it was determine on that VCD that sufficient visas are not available for applications received between preceding VCD and the current VCD (or 10 days if VCD is the start of the quarter). Call this VCD �cut-off VCD� and immediate week (or 10 days if this is first VCD) preceding it �cut-off period (CP)�
d. The application received is CP is assigned available visa as follows:
i. Create the pool of all the employers who have applied in CP and still have H-1B application requiring new visa.
ii. Start with an employer playing highest salary to the H-1B applicant and assigned one visa to that application. Remove this employer for the pool. Move on to next highest paying employer in the pool and assigned one visa to that application.
iii. Continue doing point two (ii) until all visas are exhausted or there are no more employers in the pool. In later case, again create employer pool as stated in point one (i) and repeat the process.
3) Special clause for consulting position: If application for H-1B visa requires consulting work, following is required:
a. New LCA is required every year and when consultant changes the client.
b. New LCA must be based on the client�s job and experience requirement.
c. H-1B applicant must be paid based on LCA.
d. If H-1B applicant can establish significant fraud/H-1B exploitation, he/she (and any dependent) is awarded EAD immediately and he/she is eligible to apply for permanent residency without employer application. Employer is no longer eligible to apply for H-1B application and is fined $1million per fraud.
Some are good ideas. Did you think of the administrative overhead? What is the need for the special clause? It is too restrictive.
I think, in long run, increasing the cap, preventing the exploitation/ fraud, faster GC process are workable solutions. I sometimes hear that some companies bring L1B holders and place them as consultants ( a clear violation of L1 visa)..That is the area lawmakers should really drill more. L1 is clearly exploited, it is used like a virtual back door with no cap limits.
gsc999
07-11 01:34 AM
Lets take this offline. It will be a shame if we let this sour our success. Let the core team figure this out with USINPAC.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
We sent flowers now we need help with the San Jose peaceful protest. Let us keep the momentum and not loose focus.
This event is unprecedented, as some member pointed out because it will be this first protest by legal immigrants on such a scale in San Jose, home of the silicon valley.
walking_dude
11-21 02:26 PM
Hope he finds a job soon. It's sad to see bad things happening to good people.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
But I have a lot to be thankful for. Thanks to IV, he has his EAD and can have one less thing to worry about in his new job search.
No comments:
Post a Comment