getgc2008
04-23 10:41 AM
I am planning to work on EAD soon and switch my employer using AC21. How would USCIS know that I have switched from H1b to EAD. I might change my mind after 1 months and get back to H1 transfer and work on H1 instead on EAD.
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
This depends on if the future project is long term and I switch to H1B just to be safe.
Any ideas would be appreciated...
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GSingh
06-19 01:01 AM
Folks,
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
How long does it takes to get an Advanced Parole documents after filing I485?
Will it be safe to file I485 and AP/EAD if I am planning to go to India in next 4 or 5 months?
Thanks
Contributed $ 200
Suva
08-08 01:02 AM
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http://www.travelinsure.com/what/wmedhigh.htm?32701
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pappu
11-20 01:27 PM
If you are a IV member living in NY and want to be actively engaged in the NY chapter activities, please send a PM to bottlemani. If all those in NY get together, it will be easier to plan joint visits to congress people: house members and senators. Even if you don't have a car, we will be able to coordinate better if we know you are willing to spare some time.
I am sure there are many members in NY. It is a big state with several businesses.
Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.
As a first step, please put your name on the NY chapter.
http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.
I am sure there are many members in NY. It is a big state with several businesses.
Please do remember: we have to do something more actively in order to get out of this mess. The more we procrastinate, the worse it will get. If you have suggestions, regardless of whether you live in NY, please do post them here.
As a first step, please put your name on the NY chapter.
http://immigrationvoice.org/forum/forumdisplay.php?f=49
Thank you qplearn and bottlemani for taking a lead in your state chapter.
more...
crazyghoda
02-13 03:08 PM
I recently started work with a new employer using my EAD. I have a pending RFE on my 485 which I have to respond to in a couple of weeks. However, today I noticed that my 485 got a soft LUD of the day following the day I started with my new employer. My new employer uses eVerify but I didnt expect that it could be linked with a pending 485. Maybe I am wrong but I see no reason for the USCIS to touch my 485 until I have responded to the RFE.
Has anyone else noticed something similar when you started with a new employer using eVerify?
Has anyone else noticed something similar when you started with a new employer using eVerify?
Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
more...
Devils_Advocate
04-09 06:30 PM
White House spokesman Robert Gibbs in the briefing just reiterated Shapiro's laments: �That story could have been written a year ago based off of what he's said on the campaign trail� I don't think [Obama] thinks it could be done this year.�
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
http://swampland.blogs.time.com/2009/04/09/white-house-walking-softly-on-immigration/
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Becks
01-21 06:47 PM
This is relevant question and I feel that if recession hits US, consultancy companies may ask people go and work offshore till situation gets better. Most of big consultancy firms have projects from non-US countries so they may utilize people offshore.
I hope situation wont get that worse. Just a thought.
I hope situation wont get that worse. Just a thought.
more...
validIV
02-03 09:54 AM
I am assuming your wife is H4? H4 to F1 shouldnt be a problem, this is the same path I took years ago before becoming H1.
There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.
Good luck.
There is only one issue I can think of and that is travelling outside the country. She might not be issued an F1 visa stamp at a consulate for travel outside the country since her H4 was based on yours which now has immigrant intent since you applied for PERM (LCA and I-140). The consulate will probably not believe she has non-immigrant intent. She would have to stay in the country until she changed to H1 and got that stamped, or until you get AP for both of you. But if you have no plans to leave the country I dont see that as an issue. Best to consult a proper immigration attorney since all I can tell you is my experience.
Good luck.
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wandmaker
02-25 04:08 PM
Hi,
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
I was on regular H1B for three years until mid 2008 when I changed to H4 status. Now, if I want to work for a non-profit organization, does the org have to just transfer the original H1B or file a new non-profit petition. If it is the latter (new petition) what happens to my original H1 approval? If I want to go back to the for-profit world do I need to apply for a new H1 or will my original H1 validity continue??
Thanks
AFP
You can apply for change of status (COS) from H4 to H1 at any time of the year, if your employer is cap exempt (non-profit) and you have not completed 6 years of maximum stay on H1B/L1. You will not be counted again in cap, so you can return to for-profit employer at any time provided you have not completed 6 years of maximum stay in H1/L1. In order to stay on H1 beyond 6 years, you need to have a labor pending for more than 365 days or 140 approved.
Hope this helps and please fill your profile
more...
GreenCardLegion
04-20 12:28 AM
You can use your eb3 EAD.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
But first to get into EB2 category, you have to first file another separate labor with a different employer (w/same employer it will most likely rejected) and then file 140 separately agian and then once your 140 is approved get it interfiled and then port from eb3 to eb2.
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Raj Iyer
09-13 12:49 PM
Hi:
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
If you are unmarried, then you GC parents can file an 1-130 petition for you right now. Once tthebecome a citizen, you can change the category F-1, and retain the priority date.
more...
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gotgc?
09-06 06:44 PM
Hi Guys,
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
I filed my EB3 I-140 to TSC in June 2006 and it is still pending (yes..really more than 450 days and counting...) Then in July 2007, I filed my AOS with NSC. Today, I got an email from CRIS stating that
Application Type: I140 , IMMIGRANT PETITION FOR ALIEN WORKER
Current Status: This case has been sent to another office for processing.
On September 4, 2007, we transferred this I140 IMMIGRANT PETITION FOR ALIEN WORKER to our LINCOLN, NE location for processing and sent you a notice explaining this action. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.
It is transferred to NSC because my AOS is filed with NSC? Have any one had this status change in the past? After this, how long did it tak to get your I-140 approved?
I am just curious because can I feel happy that atleast some progress? As you know, I am waiting for my I-140 for more than a year...
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salvador marley
04-24 05:47 PM
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kirupa
02-25 05:04 PM
You can adjust the movie dimensions in Swift 3D. Create a new movie and select the Layout caption on the left. You will see the Layout section appear with the Width and Height fields. About your second question, I will have to look into that; I have no definite answer right now.
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vishwak
11-10 02:35 PM
What exactly USCIS did??? which is making you to file Case???
more...
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my2239
04-18 09:19 AM
Hi ,
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
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akp22
06-16 08:51 PM
Hi All,
I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.
In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?
Thanks for help.
I have my EB2 485 pending (since July, 2007). I have EAD based on that filing. I am also on H1B - so I am not using EAD. But my wife intends to use EAD (based on our current EB2 based 485 filing) from coming August.
In the meanwhile I have got my EB1 140 approved. My question is if we file for 485 based on EB1 petition, do we lose our current EAD till a new EAD is issued under new filing? Are there ways to ensure that my wife continues with her employment and I move ahead with 485 filing?
Thanks for help.
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February 17th, 2004, 11:35 PM
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pan123
01-14 11:15 AM
Guys,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
Friend of mine has got H1B1 visa stamped now. But we just found out that on his passport ECNR is not deleted. ECNR is still required there.
Can you guys help us to understand what this is? Do we need to remove ECNR before he travel to UR? He has BE (Mech).
When I came to US my ECNR was deleted and I am also graduate.
Your help appreciated.
Thanks,
Carol
03-09 01:00 PM
I need to file for my tax refund now, but my employer is not sending me my W-2.
I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
I do not really understand how this works. Is her explanation reasonable?
What shall i do for my tax refund now?
I used to work in US for 3 months under a program called Work and Travel. My employer is supposed to send me my W-2 now, but they haven't. When i checked with them, they told me as they never received my social security, a W-2 was never issued under my name. But the fact is that, they sent me an email last August telling me that they sent out my social security card on 23/07/2008. However the problem is that as they did not note down the correct address, the mail was lost (Anyway i am going to the US Embassy in my country to retrieve it). So i think they were cheating.
When i told my manager about this email, she explained saying that it was not about the social security. She said the W-2 was sent to them after i had left US, so while they never had it when my checks were issued. So it was never sent to their corporate as i am no longer working for them. And i think they are cheating me again.
I do not really understand how this works. Is her explanation reasonable?
What shall i do for my tax refund now?
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