Berkeleybee
05-31 01:31 PM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)
But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.
What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.
best,
Berkeleybee
Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)
But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.
What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.
best,
Berkeleybee
TeddyKoochu
10-26 02:32 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!
willwin
04-15 11:10 AM
Which country did you charge your GC to?
Enjoy the freedom...:)
9 long years! Where else will it be :-)
India -obvious.
Enjoy the freedom...:)
9 long years! Where else will it be :-)
India -obvious.
saratswain
11-05 04:08 PM
Hi, I had a similar case and I could port it. My case was
EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)
Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
EB3 -> 06/2004
EB2 -> 08/2006
(Same employer, Texas center)
Last year in August when EB2 PD for 2004 was current my attorney sent a letter to USCIS. She mentioned that we can only send the letter when EB2--6/2004 is current. I inquired about the letter with USCIS few times but to no avail. This year when the PD becomes current I opened an SR on Aug-18th,2009 and the case got approved on Sept-1st.
I have an approved EB3 I140 ( PD 10/2002 ) and an approved EB2 I140 ( PD 04/2007 ) but my attorney has been having trouble getting the EB33 priority date on to EB2. My EB3 petition is with Texas Service Center. Both of my petitions are from same employer.
Has anyone had any success with Texas Service Center for this kind of request recently?
more...
ashishgour
12-06 12:01 PM
bump
Not yet received FP notices for me and my wife....
Case was transferred from CSC to TSC .
I485 filed on July 23rd.
Not yet received FP notices for me and my wife....
Case was transferred from CSC to TSC .
I485 filed on July 23rd.
njdude26
04-07 11:10 AM
Are they now allowing to get a H1/H4 stamping done in Canada instead of going back to home country ?
more...
sintax321
10-02 03:42 PM
Thanks for those blobs. I'll play around with them but I defenatly won't claim that I made them. I will always show credit where credit is do. Thats why on my site I have a Thank you section. I wouldn't be as fare along as I'm without the people on this forum so I never have a problem giving some credit. You guys are all great:) =) :P
rockstart
02-05 01:13 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
more...
karun99
07-24 11:03 PM
I am also on the same boat. Can anyone please post the links to get all application forms for filing I485/EAD/AP . Thanks in advance.
Karun
Contributed $100
Karun
Contributed $100
chantu
08-21 06:17 PM
Of course you can work. Sometimes I worked extra 10 hrs/week and max I did was 20hrs/week. It is good to have more money than your LCA amount.
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
more...
Dhundhun
07-09 10:08 PM
I guess Priority mail would have been a better option - The real question is do they go and pickup from the PO
That's true. Priority Mail + Delivery Confirmation.
That's true. Priority Mail + Delivery Confirmation.
ImmiLosers
10-06 03:42 PM
HE likes RED though..
How can I check mine?:confused:
And what does 3 red dots on my messages mean?
Thanks
How can I check mine?:confused:
And what does 3 red dots on my messages mean?
Thanks
more...
bpadala
05-18 01:37 PM
I had the same question and I went with Joseph Kallabhat who was very diigent in answering the query for me. Please email him at joe@insvisa.com and he should respond back in couple of hrs
Thanks alot
Thanks alot
uimv
03-13 09:13 AM
I am not sure why you are switching from valid H1B to EAD and while still working for the GC sponsoring employer.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
However Employer DOES have to inform (and request cancellation) to USCIS about H1B employee no longer working for them on H1B visa. Its the law.
Again not sure why you are moving from H1B to EAD when H1B is still valid?
Thanks. It is employer decision.
I know of cases where, H1b was not cancelled.
Can you please give link to USCIS site stating the rule ?
ALL: Please share your experience in this area.
more...
chosenone52
10-02 03:28 PM
But what if the company doesnot have any more requirement when my GC gets approved. Its takes 4-5 years and conditions may change as per time...?
Any opinion?
Any opinion?
hdos
06-08 08:52 PM
Hi,
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
I just came to know from uscis website that my I140 is denied. I have not received any documents from uscis as my name is in beneficiary. It will goto my employer. Than If he respond than I will know.
I am currently on 7th year of h1 extension and having 2 weeks left on my h1. (22 june 2009)
Not on project rightnow and have not run payroll since last 6 months.
My employer is not responding to any of my emails and phone calls since 1 month.
GC Filed: march 2005 in traditional process (not in PERM) EB3
Labor approved : june 2006
I140 filed: Nov 2007 - Denied end of may 2009.
1) What are my options ?
2) Can I use my current approved labor to get extension in new company after h1 transfer?
3) If I transfer my h1 to another company, what about next year h1 extension? if company does not file GC at the time of h1 transfer. does 365 days rule apply in that ?
more...
hindu_king
03-09 12:39 PM
Just in-case one gets layed-off and has an EAD, can that person buy a 7-Eleven or a Gas Station?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
Can the EAD holder actually run the gas station/7-eleven by working/being present there? (Maybe he/she can work there and take all the profit but no salary).
What happens if there is an RFE asking for proof of employment during this period?
rbharol
08-22 12:30 PM
SKIL exempts applicants with a masters degree from the US and 3 years experience from the annual quotas. This along with not counting dependents should bring considerable relief to even the folks who are still subject to quota.
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
You mean 3 year experience in US no matter from where you got your masters degree or
Only US degree + 3 years experience will get exemption?
gaffarkhan
07-16 02:03 PM
Sent I-140 on October 2nd. Status showing as it's recd. Anybody's I-140 approved in that range?
Thanks,
GK
Thanks,
GK
ssterian01
07-05 01:33 PM
Thanks a lot, prem_goel.
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
I will probably have to change emplyers based on EAD and lose my H1B status and she will lose her H4. Before that, I intend to put her into ESL(English as a Second Language) school to get her an F1 visa so she can stay inside US until I get my I485 approved
I read eveywhere and talked briefly to my lawyer about it and he had no objections and didn't raise any red flags so I assumed it would be fine to proceed with F1 plan.
Now I have to give a second thought I guess. I will go to my lawyer and try to get all the answers.
I understand the risks involved with me getting the I485 denied. I heard there are very low. Also, I read that adding F1 to I485 app is allowed and usual procedure, are you sure it might be rejected ? (my wife entered as H4 in the country, then will go on F1). I know there is always a chance to get denied.
How big would the combined risks be to get screwed here (wither 485 denied or F1 spouse not added on I485)? Like very low, low, medium or likely ? :)
Thanks a bunch
sidd_k2002
02-11 01:45 PM
Kederex,
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa
Were you working on H1 when you sponsored your parents for graduation? Because i am working on my OPT and that fears me most when i think of sponsoring my parents, since OPT is nothing but simply a part of F1 visa
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