mambarg
08-06 03:09 PM
Well I dont think there is a think tank there to think of what if scenarios.
They just start conservatively and increase by 6 months increment.
More or less they seem to be waiting till May/June to pull triggers and make current.
If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.
They just start conservatively and increase by 6 months increment.
More or less they seem to be waiting till May/June to pull triggers and make current.
If INS cannot provide them stats of pending aplications, how will DOS know what to write in bulletin.
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eb3retro
02-16 09:56 AM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
take it easy dude. People respond to one thread itself. you dont need to open multiple threads. also update your profile first.
number30
03-28 12:29 AM
I was on bench for 4 months in 2001. I have 2 times H1 transfer after that and visited India couple of times. I have regular pay stubs from 2002 onwards.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
Can this create an issue while IO is working on my 485 application?
They usually check tax returns last three years. Some time go up to five year. 2001 just forget it.
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ImmigrationAnswerMan
06-29 10:35 PM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
more...
bkarnik
07-21 04:34 PM
I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(
sunny26
04-26 09:48 PM
I traveled recently from DTW to india using lufthansa. Allowed two baggage for me and 2 for my son(4yrs old) without any problem
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pkv
04-13 05:35 PM
For a medical REF how many days do we have to reply?
Thanks,
RabiS
Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.
Thanks,
RabiS
Doesn't your RFE letter says it clearly? They mention a "reply by date" also on the letter.
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adde72
02-12 07:03 PM
My H1 is expiring on 20 June 2007 along with my wife's H4. My employer is planning to apply extension only in the month of June 2007 .
However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .
1) If H4 extension is filed in June which one will USICS considers ?
2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?
Thanks for your replies
ASR
However I am planning to apply a new H1 ( H4 -H1 status change) for my wife on April 1 2007 .
1) If H4 extension is filed in June which one will USICS considers ?
2) If H1B gets approved first and later H4 ext which I-94 will take precedence ? 3) Whether she can work from Oct 1 2007 or needs to go out of country and needs to get Visa stamped ?
4) Any petition can we make to the USICS ?
Thanks for your replies
ASR
more...
Sandeep
02-21 05:32 PM
If you are faxing it you may consider sharing the following pages :
Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used
You can also send the following
THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida
Page 20 of http://www.gao.gov/new.items/d0620.pdf shows target dates that the USCIS should have achieved
Page 22 of http://www.dhs.gov/interweb/assetlibrary/CIS_AnnualReport_2005.pdf shows the unused visas for EB category ad the complex way it is calculated
http://fermat.nap.edu/catalog/11463.html shows the need for American Competitiveness. This report was published by the committee on Science Engineering and Public Policy
Pages 8-10 of http://www.whitehouse.gov/cea/ch2-erp06.pdf describe the importance of high skilled immigration to the U.S.
http://dosfan.lib.uic.edu/ERC/visa_bulletin/2000-07bulletin.html Section E shows the procedure used
You can also send the following
THe brochure (http://www.immigrationvoice.org/media/Immigration_Voice_Brochure.pdf)
Endorsement (http://www.immigrationvoice.org/media/Dr_Richard_Florida.doc) by Dr. Florida
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Neocrack
04-21 08:39 AM
You should be fine. My passport was expiring in April and I re-entered US in March. I think as long as your VISA and Passport dates have not expired you should be able to re-enter.
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h1bnogc
07-28 05:53 PM
hibnogc
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
This is also one of the questions I have. So, did you contest the denial request and are you currently working?
I have not reached this situation yet...getting prepared.
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joshraj
10-09 10:17 PM
At least got something today :)
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
Filed: July 27
Center: Neb
RD: Not Yet - Got Tranfer Notice - To Texas
FP: Not Yet
EAD: Not Yet
I140 - Pending at Nebraska
more...
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immi2006
05-04 01:26 PM
Please go through the stuff for the last one year plus from immigration.com on PERM processing, need to look at each entry in the diferenet excel sheets, it is not consistent from the data perspective (we all have our regular work too :-) ) so cannot pull up URLs for you, the above site is the pointer, please do your homework too :-) - Since you are really interested in specifics, appreciate if you can get this directly, it will take you couple of hours at the very least to get this data.
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
I've been monitoring BEC&PERM for the past 30 days and delved deeper on all labor processing thread, but found none on denials of conversion, please point out some reference URLs for PERM conversion denials that would be helpful.
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senthil1
03-05 08:53 PM
We cannot justify the opposition to price increase as INS expects the fees to be paid by employer. So if needed employers can oppose not the employees. Only fees the candidates expect to pay is citizenship fees and all other immigration related fees should be paid by Employers as they are sponsoring gc
USCIS fees cover none of the activities you mentioned.
USCIS fees cover none of the activities you mentioned.
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SAMK
02-01 01:47 PM
Specifically how long were you in US before you started your CPT and in what capacity and where were you working ?
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Rinsuper
01-18 03:44 PM
Hi, I am Rina, residing near LA, CA and working close with Niloufer in TX as volunteer. I cant attend meeting, but if you provide me list of ppl to contact on phone, i can inform them abt this meeting.
Let me know how to go about.
Let me know how to go about.
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lacrossegc
07-30 03:33 PM
When do you get FP notices?
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sonia_sd
09-24 03:45 PM
This is an excellent proposal, can't wait for it to happen. Is this news published somewhere?
yes, this was a speculation discussed in immigration-law.com check posts you will find it in July/Aug news there.
yes, this was a speculation discussed in immigration-law.com check posts you will find it in July/Aug news there.
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transpass
09-06 11:23 PM
This one was posted by one of the IV members, sreedhar in other section of the forum. Don't know how much truth to it...:rolleyes:
If anyone has seen this already, my apologies...
http://immigrationvoice.org/forum/showthread.php?p=285637#post285637
Hello All,
I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.
IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer
IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.
MC: I am ready to give right away.
IO: No your finger print images not at all visible. There is no way we can check your Criminal background.
MC: Is there any other alternate solution for this �? If so please advice.
IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.
MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information
IO: Sure�Make sure you submit with in 45 days. Thank you.
MC: Can I ask one question�?
IO: Sure�.
MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC
IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�
MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?
IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.
MCL: Oh that�s great�
IO: Yes it is�
MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.
IO: That�s good�You are all set to go now. Thank you.
Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.
-Sree
If anyone has seen this already, my apologies...
http://immigrationvoice.org/forum/showthread.php?p=285637#post285637
Hello All,
I am giving this information after my cousin complete the interview with USCIS on 09/03/2008. Please take a look at the detail conversation bellow.
IO: Immigration Officer
MC: My Cousin
MCL: My Cousin Lawyer
IO: We are not able to verify your finger prints. That�s the reason we called you for the personal interview.
MC: I am ready to give right away.
IO: No your finger print images not at all visible. There is no way we can check your Criminal background.
MC: Is there any other alternate solution for this �? If so please advice.
IO: Yes�You have to submit local county police clearance certificates from past 3 years with in 30 days.
MC: Can you increase the time�? 30 days might be not sufficient for me to collect all the information
IO: Sure�Make sure you submit with in 45 days. Thank you.
MC: Can I ask one question�?
IO: Sure�.
MC: I applied my GC in 2003. Almost 5 years completed�Now I have problems with my finger prints. What else I need to do for the getting the approval on GC
IO: Don�t worry�Submit the Police clearance certificates�We will approve your GC soon. With out verifying I can�t approve...If I approve� I will loose my Job�
MCL: Well �.My Client PD is Dec 2003 EB3-INDIA. Visa numbers are not available at this time why you are asking to submit police clearance certificates with 45 days�? And once we submit how you will approve my Client GC without VISA numbers available�?
IO: Good question�.All EB Visa Numbers will current in coming 2 months. That�s all I can say. There is some process going on to collect some unused visa numbers�.I don�t know what exactly going on�But I can say with in 2 months EB Visa numbers will current.
MCL: Oh that�s great�
IO: Yes it is�
MC & MCL: Ok thank you for your time and we will submit police clearance certificates with in 45 days.
IO: That�s good�You are all set to go now. Thank you.
Based on above conversations I am saying�Please do not abuse me if it�s not going to be happened in 2 months. I am just sharing my cousin Interview details. I am also EB3-I 2004. I wish and Pray to GOD to make IO comment come true. Thank you.
-Sree
mchundi
07-27 08:41 PM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
If ur current employer did not apply for a labor, it doesnot matter anyway, as u r in the same position.
Ur friend is right. However if ur I-140 is also approved, u will continue to get H1-B extensions beyond 6 years.
--MC
beemboy
10-31 10:33 AM
Guys, I need to reschedule visa appointment through the vfs website. I understand we have to cancel our appointment to reschedule; However, I am not sure if we have to fill out all the applications ( DS-156 & DS-157 ) again?
Did anyone go through this? Please let me know.
Did anyone go through this? Please let me know.
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