loudoggs
10-27 12:16 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
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div_bell_2003
02-02 05:43 PM
1) I got my first H-1 on 10/01/2006 ( I-29 date). When is the latest I should renew my H-1B visa
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
Earliest date to apply for a renewal - 04/01/2009
Latest date to apply for a renewal - 09/30/2009
2) I was a July filer and my wife is already using EAD (business). Does it make sense to renew her H-4 as well
No it does not unless she wants to fall back on her H4 status, in my case, the lawyers only extended my H1B, my wife's on AOS pending status.
3) I was going to apply for AP for my wife? Will I loose my H-1 if I apply AP for myself too
No, your AP has no connection to your H1B.
H-1Vegas[/QUOTE]
GiveMeReds
11-20 04:36 PM
My company had promised that they would start my GC processing once I complete a year which was in March 2009. Since then they have been going back and forth with the lawyers writing the job description to post the job ad.
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
The lawyer tells us that the department of labour has tightened up the process and so the job description needs to be very generic with minimum number of years of experience(2 for a sr. software engineer) and this has caused a lot of controversy that this will cause an audit and so on and forth.
I am sure there are many other people out there who are applying even now. I do not know if its the lawyer or the company that is causing an issue here.
My only option would be to search for another job who will do my GC. But i dont have so much time left for all that.
What can i do?
Hey - I called up your lawyer and company - they both agree that you are not worth to file for GC
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mrajatish
06-25 06:46 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
more...
Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
desi3933
02-26 01:24 PM
What is the expiration date for her current H-4 I-94?
more...
ssdtm
11-30 04:38 PM
- My friend has not been paid by his current employer. So no pay-stubs what so ever
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
That can be an issue in H1 transfer because he may be asked to prove that he has maintained valid status ( as there is no such things as bench on H1). This is a only a potential issue, not a showstopper as I know of transfers done without paystub.
- He had signed a contract for 2 years and some ridiculous amount of money towards damages in case he leaves
This is merely a threatening exercise by the employer to keep him from leaving. It does not have any legal bearings. I have done it myself in past.
What are his options now? What if the employer sends H1B cancellation before he gets to file a new petition through the new company? Can anyone please help?
The moment your H1 application is received by USCIS, you are safe. Even otherwise, USCIS generally takes a while to revoke the H1 after recieivng the application.
But if USCIS revokes H1 before the transfer request is recieved, then you are out of status and your new application will be denied.
But let me ask you one thing, if your friend is not being paid, why in this world he needs to even tell his employer about his plans to switch. Ask him to act smart.
2010 Tom Cruise
prasadn
11-11 08:47 PM
Thank you for the reply. What if my 485 gets approved before the 485 date current again and I could apply for her?
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
Thanks
Your I-485 will not get approved until the dates become current for you. For eg. say in March 2009 bulletin (which is valid from April 1st of 2009), your priority date becomes current. Your I-485 can be approved only after April 1st. Just have your wife's application ready and apply on the first day when your priority date becomes current.
more...
kaisersose
08-03 04:56 PM
hi guyz,
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
Please advise on this issue: I work for a engineering software company. Currently I work as a 'Technical Support Engineer', but my company has offered me a position of 'Sales Engineer'. I have already applied for my I-485, but have not received a notice yet. If I start working in the sales position, will this affect my GC application? Would the USCIS know about my change of duties, if my 'salary' and 'position title' remains the same? Please reply. Response will be highly appreciated!
-A
As long as nothing changes on paper, you are good. The title can be different as long as there are at least some responsibilities similar to your previous role.
But keep in mind, that companies & management are volatile by nature. The manager and HR who are cooperating today may move on and you may have to deal with new people who may not be willing to go along.
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srratlanta
02-19 11:19 AM
I have my labor cleared and 140 applied in 2007. Later in 2007 I had filed for 485 based on the pending 140 application and received EAD as well. But the 140 was denied later due to ineligibility to file on EB2 and a new one I140 was applied in EB2 refering the pending 485 application and the same old labor. This I140 has been pending since last few years and my attorney only received a letter stating it is under review, when a SR was raised. Meanwhile I have received EAD and AP extensions properly based on the pending 485.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
I would like to apply 140 again from a different company using the old labor and refering the pending 485 application sine i am currently on EAD using the pending 485 application.
Questions
1. Can i do that?
2. If so, what documents would i need from my company to process this.
more...
saps
10-17 10:43 AM
There are very few private loan options that you have. If you have a co-signer who is permanent resident or a US Citizen, you have a bigger pool of options but I know of one organization "Access Group" who give out loan if your stay in US is more than 3 yrs + if you have 4 credit cards in your name..You can dig into more details by googling them.
Most of the schools in US also have a tie up with TMS (tuition management system) which let you pay your semester fees in monthly installments. You might want to check that out too. Hope this helps. Good Luck!
Most of the schools in US also have a tie up with TMS (tuition management system) which let you pay your semester fees in monthly installments. You might want to check that out too. Hope this helps. Good Luck!
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mallik_msin
01-07 03:14 PM
To All,
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
I Am Planning To Goto India And Re-enter Usa Using Advance Parole And My H1-b Visa Stamp Has Been Expired In The Passport. Originally, I Planned To Travel By Air-india From Newark, Nj To Mumbai. The Flight Will Stop Over In Paris For 3 Hours.
When I Contacted Air-india, They Said That Transit Visa Is Not Required. I Contacted French Consulate And They Said That I Need To Have Transit Visa If I Am Travelling With Advance Parole And Expired H1-b Visa. Is This True?
The Only Other Option Left For Me Is To Fly From Jfk To Mumbai.
my Question Is When I Am Entering Usa (poe � New York) Using Advance Parole,
If I Use Advance Parole, Will There Be Any Problem With The Immigration Check In New York.
What Kind Of Questions Immigration Officers May Ask
What Are The Documents I Need To Show At Poe-new York.
Usually, Everybody Says That Poe-new York Will Scrutinize More Than Poe-new Jersey. Is This True? Did Anybody Faced Any Problems At Poe-new York.
Please Share Your Experiences, Suggestions And Thoughts.
more...
house Tom Cruise and the Burj
adusumilli
09-18 10:51 AM
just a first look
i will update as soon a i get more videos
http://pictures.sprintpcs.com/share.do?invite=UEtrJz2Um8UjgaqL8hpk&shareName=MMS&messageState=RETRIEVED
Thanks
Gopi
i will update as soon a i get more videos
http://pictures.sprintpcs.com/share.do?invite=UEtrJz2Um8UjgaqL8hpk&shareName=MMS&messageState=RETRIEVED
Thanks
Gopi
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pappu
03-12 12:05 PM
Thanks for your post and being informative. We understand your frustration (as expressed in words-- bucket of warm spit :) ) and appreciate the concern.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
IV understands the issues and have been working with the lobbying firm on the stratagy that has more chances of success.
Please be patient and support us in the meet the lawmakers drive and funding drives at this time.
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newbie2020
08-31 07:06 AM
The General rule is You are eligible for H1B extn if the following conditions are met
a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions
b) Labor and I-140 approved in that case it will be 3 yrs extensions
Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.
These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)
Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case
a) Labor applied on your behalf atleast 1 yr prior to maxout date. You will be eligible for 1 yr extensions
b) Labor and I-140 approved in that case it will be 3 yrs extensions
Now I was in similar situation where in i applied for labor in 6th yr, Labor got cleared in 2 months, I-140 got cleared in 2.5 months so now i am eligible for 3 yr extn.
These days Labor certifications are taking a bit longer time (Atlanta is the only place they are doing it ) So it may take more time. Also one another thing needs to be considered is if there is any RFE then it takes longer.( Few cases pending beyond a year)
Do a research on various RFE and do your paperwork in much more details you will probably end up without any RFE on your case
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squishy
05-10 03:55 PM
I like it :hugegrin:
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instantkarma
01-28 01:59 PM
hello,
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
I have an EAD and have an approved labor and I-140 approved for over 180 days with my employer.
I am interested in knowing the clarity on SOC (speciality occupation codes) with AC21.
My current labor when filed has details in my ETA9089 form as -
1. SOC - 151051
2. Job Title - Computer Consultant/Programmer Analyst
3. Skill Level - II
4. Wage offered - $76k
5. Prevailing wage - 60k
I have a new job offer, from another company whose details are -
1. Job Title - Managing Consultant
2. Wage offered - $120k
This job would require me to play a role of Manager/Supervisor, Architect and also code.
Im not sure what SOC code the new company would offer me? From the latest bls.gov SOC guide "Supervisors of workers in Major Groups 13-0000 through 29-0000 usually have work experience and perform activities similar to those of the workers they supervise, and
therefore are classified with the workers they supervise."
So besides similar job duties does it require SOC compatibility for AC21?
Thanks in advance!
girlfriend Tom Cruise (Pic:Splashnews.com
chintu25
12-13 03:15 PM
I suggest we start with a parallel campaign to increase the number of IV members . Each IV member to bring in atleast one new member .
Steps to take:
Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site
Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.
If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well
This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do
CORE team please help and support.
Steps to take:
Explanation : Explain, Teach /Preach or do whatever it takes to tell people about IV and what its mission is. Many people think IV is just a propaganda. SHOW them what IV has done. Tell them about the Rally Tell them about the FLower campaign . Make then visit the site
Reasoning : Make them understand that the EAD or the Labor that they are sitting on was not gotten thru some magic wand. It was thru efforts . Efforts of us IVians.
If we are able to get one person each to enroll. I am sure atleast 20 % of the new enrollees will start to understand IV and maybe contribute to it as well
This is something that can be done sitting where u r without any special effort. Let go IVians . This is one of the easiest things to do
CORE team please help and support.
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.jpg "Tom Cruise Set of #39;Mission")
ita
10-23 11:06 AM
Found this.
http://economictimes.indiatimes.com/India_will_be_top_priority_in_my_presidency_Obama/articleshow/3634113.cms
Thank you.
http://economictimes.indiatimes.com/India_will_be_top_priority_in_my_presidency_Obama/articleshow/3634113.cms
Thank you.
loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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mk26
03-30 08:33 AM
Once you take appointment you can call the same consulate and sned required documents and get PIMS verified.
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