NNReddy
06-13 11:12 AM
I am curious of the average networth of H1Bs excluding their parent's money. The money they just made so far. Not sure how to start a new thread. I read somewhere online there are lot of H1Bs who are working for 10 years are almost millionaires. Can they use their accumulated wealth to do an investment based green card.
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bhagat69
04-23 12:24 PM
My employer is refusing to give me EB3 I-140 copy so I am stuck. Can I not port from EB3 with old employer to EB2 with new employer without copy of EB3 I-140 COPY.. It is a huge firm and they say it's against company policy to give me even a photocopy of the document, please advise.
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
Also, I am not planning to quit the old firm just file a new EB2 labour with new firm. I do not have copy of old I-140 for EB3, is there anyway I can still port my PD from EB3 to EB2. I do not want my old employer to find out about this. Is this possible ?
rockstart
09-19 12:35 PM
I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.
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permfiling
09-28 04:34 PM
Myself and my wife walked into the ASC today. The officer in the front mentioned "are you coming in early" we said yes and then he said u need to fill out the forms etc so we got it done today. I persume since the finger prints are scanned and notified to USCIS so I don't have to send to the service center
I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.
I am not sure whether a way to prepone it. You can try going for FP. They did not say anything about the future date.
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frostrated
06-18 02:38 PM
My husband's employer filed for green card under EB-1 (OR). I-140 got approved, I-485 is pending. I already did my fingerprinting. My husband's is scheduled for next week. We did not get EAD or AP yet.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
Meanwhile I need to travel to Europe on business. I have a valid H-1 to re-enter US. Would my AP get approved before I return to US? If so, can I still enter with my valid H-1? My husband is planning to delay his biometrics until I get back. Are there any problems with this plan? Please advise
As long as you travel on H-!, you have no problems. You do not need AP to travel as long as your H-1 is valid. If you need a visa to re-enter, your visa needs to be valid too, or you can get a new visa based on your H-1.
If you want to avoid getting your visa renewed, then you need an AP.
Your husband does not need to delay his biometrics. It is independent of your case.
raysaikat
05-07 08:42 PM
Hi,
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
My employer terminated my employment Last date of employment is May-7th. and he is keen on revoking my H1 by May-10th.
He says, Even after withdrawing H1 you can still able to transfer H1 to other employer.
So far i am not able to find other employer who can transfer my H1, and still in US.
1) How many days I can stay after H1 termination
0 days. There is no grace period. You would start to accumulate out of status days from May 10. However, usually USCIS forgives a small number of out of status days. There is no guideline, AFAIK, about how is this "small" defined.
2) Is it possible to transfer H1 after the withdrawal process initiation.
There is no such thing as "transfer". Your new employer will have to file a new H1-B petition. If you were maintaining H1-B status at that time, then you can start working whenever you get the receipt notice; otherwise you would need to wait for the actual approval notice (along with attached I-94 --- if there is no I-94 attached with the I-797, then you would have to go out of the country, and reenter). You would not be counted again towards quota (i.e., the quota will not apply to you) unless you reset your H1-B clock by staying outside US for 1 year.
3) How much time does INS take to withdraw the H1
4) what possibility of rejecting my H1 if I submit my papers for H1 transfer after the revoke process initiation.
As I said, the new H1-B would have no relation with the current H1-B. The only thing you need to take into account is whether you are in status or not.
Please let me know do I have any other options.
Thanks
Rajesh[QUOTE=Myvisa;1808894]
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TheCanadian
04-13 01:31 AM
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mzk
04-07 11:34 AM
EB2 ROW is usually current - if you qualify for it, it would be faster as compared to EB3 ROW.
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baleraosreedhar
02-06 12:08 PM
Hi All,
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
I have received a information regarding my EB2 (PD Jan 15 2005)Approval from my old company( Here all the fees are being met by me).I had left that company last year trying to pursue my carrier.
New company has given me an approved labour for EB3 OCt 2004 and I140 is approved.
I would like to know from experinced guys , as to what should I be doing, should I resign from new company and join back the old one?
As GC is for future employment, can i apply for I140 throgh my old company and join them back in I485 Stage?
When can we expect EB2 PD of Jan 2005 to be current.
I would appreciate your responses.
Thanks
Sreedhar
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sunny1000
12-18 10:52 PM
The labor is for your future job that your company is offering (atleast technically). The LCA is based on your employer's address and NOT based on your address..As long as your employer doesn't move, it should be no problem. Of course, please check with an immigration attorney on this.:D
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
My company wants me to relocate to another state. Because of which I need to re apply for new LC for green card processing. My current approved LC is EB3. My question: To be able to apply for EB2 position, can I use training & experience gained in my current company?
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srn04
01-19 09:19 AM
1.) Is it true that nurses do not need to undergo Labor Certification when applying for an immigrant visa because nurses are considered as shortage occupations? How does the labor certification process for nurses vs other professionals/workers differ? Is it the pre-certification and recruiting process (that does have to be completed) under PERM?
2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?
2.) If a nurse on H1B visa is petitioned by her current employer for green card, which is preferable (in terms of better chances of being approved, easier processing, lesser requirements): to petition her using the same position (specialty occupation), or as a staff nurse?
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westh1b
04-11 10:23 PM
My friend came to US on January through one bodyshopper on H1B visa and he was on project for 4 months.When his project is over and he is on bench then his employer forcing him to send him a email stating that he will be on leave without pay and immediately his employer stopped paying him salary from the day he was on bench.
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
Can any one please guide me that how to file complaint to DOL against his body shopper.
Also i wanted to know that will DOL take any against his body shopper and what information DOL will ask as currently my friend does not wanted to confront with his employer.
Thanks
H1B
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arc
08-10 10:00 PM
Hello
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
Thanks for looking at this question:
Scenario: I was working for company A on H1 (valid until 2010) and filed a GC through a company B (Head Hunter Company) for future employment, I have my 140 approved, and 485 was filed June 2007, have an EAD/AP. Got a RFE for intent of employment was satisfied with a letter from Company B that "I intend to join company B subject to my favourable adjudiciation". Company A is going under because of lack of funds.
Questions:
Now I am searching for a job, I am getting job offers.
1) Either I will do a contract through through Company B for which I do not have to anything in terms of immigration right?
2) But if I strart working for Company C's payroll then I am going to have to do an AC21 right or can I still hang on to company B.
3) If I do AC21 through company C and if the Job description is pretty close to the description on the LC then would it be okay or do I fear rejection? Or will I be asked why I did not work for the company who filed for my GC in the first place.
Please throw some light on the best option I have.
Thanks!
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Blog Feeds
05-25 08:30 AM
As the H1B season (http://www.h1b.biz/lawyer-attorney-1137085.html) still in full force, we would like to share this great tip from AILA. This post discuss where to file H-1B extensions for beneficiaries working for petitioners, which are not cap exempt, but who are "employed at" cap exempt facilities.
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
The VSC (Vermont Service Center) refers to the September 10, 2009, USCIS Guidance regarding the direct filing address for I-129 petitions, noting that H-1B employers filing petitions which are cap exempt must file such petitions exclusively with the California Service Center.
VSC notes that in this instance, the term "cap exempt" refers only to those petitioners who are exempt from the numerical limitations identified in 8 CFR 214.2 (h)(8)(i)(A). "Cap exempt" petitioners are those described in 8 CFR 214.2(h)(19)(iii), and include:
* Institutions of higher education as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);
* Nonprofit organizations or entities connected or associated with institutions of higher education, as described in 8 CFR 214.2(h)(19)(iii)(B);
* Nonprofit research organizations or governmental research organizations as defined in 8 CFR 214.2(h)(19)(iii)(C); and
* Petitioners who otherwise would not be "cap exempt," but will be employing the beneficiary to perform job duties at a qualifying cap exempt institution, provided that the beneficiary's duties will directly or predominantly further the normal, primary, or essential purpose, mission, objectives or function of the qualifying cap exempt institution.
All petitions for individuals "employed at" cap exempt facilities will be rejected by the VSC, even if the beneficiary is working for a petitioner which is not cap exempt. So this is a major point to keep in mind.
More... (http://www.visalawyerblog.com/2010/05/h1b_visa_lawyer_h1b_extensions.html)
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gcdreamer05
12-10 05:50 PM
Hi Folks,
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
I recently got my h1b extension approved. and on the approval notice i read the following lines of text,
"The petitioner may also file Form I-824, Application for action on an approved petition with this office, to request that we notify a consulate, port of entry or pre-flight inspection office of this approval"
Has anyone tried doing this I-824 to notify the consulate where we planned to do H1b extension stamping. Will this work to avoid PIMS delay?
And has anyone recently done h1b extesnion stamping in chennai consulate?
I am in deliberate need of doing this because i may lose my project if i get stuck for a long time in consulate abroad, at the same time i feel safe with a stamping and hence want to go for stamping.
Please share your comments.
-Dreamer.
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January 31st, 2004, 08:08 AM
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peer123
12-18 08:26 PM
Is more than 6 yrs of IT experience from a non-computers engg background good for applying for EB2 position? Can you comment from your experience.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
I have similar situation. I am getting an already approved labor for gc processing. it needs 5yrs progressive exp and bachelor degree in engg. Now I do have nearly 5 years at the time of application and now (9 years). have same degree work for same company as the company applied and also match in experience almost 100%. Is there any risk in I140 approval.
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unknown123
10-28 09:51 PM
I agree with Mr. Bond
We need some basic administrative fixes and recapture of visas before we all burn out. I just hope whoever wins will give us some relief before any major over haul...
We need some basic administrative fixes and recapture of visas before we all burn out. I just hope whoever wins will give us some relief before any major over haul...
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Dipzo
05-20 11:01 AM
Thank you Rahul..
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?
Thanks
I really appreciate it.. Just one more clarification.
My employer didn't asked me anything during the interview (about CPT/OPT). Since I have to join in a week, should I inform them beforehand?
Thanks
meridiani.planum
05-05 02:08 AM
inline...
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
I know that an H1B may be extended beyond the 6 year limit as long as the there has been at least a Labor Cert pending for the past 365 days. So basically, as long as you have a LC pending, the H1B is increased in yearly increments until the GC is approved or denied.
However:
1) Once I-140 is approved, do they automatically extend the H1B (the next time it is due for an extension) by three years?
yes, if your PD is not current and you request 3 years (on the H1 LCA) when you file the extension. Otherwise its a 1 year extension
2) Once you're in that "extension zone" (i.e. past your 6 year limit because of a pending GC application) of your H1B can you still switch jobs? (obviously your new company would have to file a new Labor cert once again for you)?
The USCIS does allow you to get an H1 transfer to a new employer based on the I-140, or LC from some other employer. So if you request a transfer it will go through provided the conditions fo rextension (old LC or approved I-140) exist on the day they adjudicate your case.
The gray area here is what happens to the H1 if the underlying LC or I-140 is then revoked by the old employer. The current USCIS position is that the H1 remains valid (they have not come back and revoked anybody's H1 extension because the underlying LC is gone). However neither the law nor USCIS regulations are clear in this matter.
indyanguy
07-17 09:16 PM
My lawyer sent out the LC Substitution/140/485/EAD on July 2nd and said that all these can be filed concurrently and he wanted to take advantage of the dates being current.
I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?
Is it possible that there are more chances of LC substitution denial? If so, what are my options?
Thanks!
PS: This is a genuine LC substitution case!
I read in several forums that it's necessary to have the LC substitution stage completed before filing for 140/485. Is this true?
Is it possible that there are more chances of LC substitution denial? If so, what are my options?
Thanks!
PS: This is a genuine LC substitution case!
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