NJpatel
08-04 04:11 PM
In this case you can not port the PD unless your subsequent I140 is approved ( ie your Feb-08 I-140 is approved) Once this get approved, you can port to already approved EB2-I140 to make your EB2-140 PD same as your EB3-I140 PD.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
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485Mbe4001
05-20 01:58 PM
Its the same story everytime, they will use the AgJobs and effectively kill everything. We, a significantly impacted minority, will end up getting screwed because members were more interested in reading the forums instead of educating the lawmakers.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
Recapture does not increase the number of visas, it simply uses the unallocated visas. If they cannot understand this simple argument then what hope do we have. The anti immigrant forces make it sound like the bill will unleash a wave of immigrants.
champu
03-12 10:07 PM
consider infopass
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krishmunn
03-04 12:24 PM
I had a similar situation but there are no client site involved (in my case my office itself moved to a new location , albeit in the same Metro).
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
I inquired with some Attorney (the Employer's attroney is most unhelpful) and also did some research. Here is what I extracted from the Law text (20 CFR)
*******
655.715 Definitions.
Area of intended employment means the area within normal commuting distance of the place (address) of employment where the H�1B nonimmigrant is or will be employed. There is no rigid measure of distance which constitutes a normal commuting distance or normal commuting area, because there may be widely varying factual circumstances among different areas (e.g., normal commuting distances might be 20, 30, or 50 miles). If the place of employment is within a Metropolitan Statistical Area (MSA) or a Primary Metropolitan Statistical Area (PMSA), any place within the MSA or PMSA is deemed to be within normal commuting distance of the place of employment;
***
20 CFR 655.734 (a) (2)
(2) Where the employer places any H�1B nonimmigrant(s) at one or more worksites not contemplated at the time of filing the application, but which are within the area of intended employment listed on the LCA, the employer is required to post electronic or hard-copy notice(s) at such worksite(s), in the manner described in paragraph (a)(1) of this section, on or before the date any H�1B nonimmigrant begins work.
(b) Documentation of the fourth labor condition statement. The employer shall develop and maintain documentation sufficient to meet its burden of proving the validity of the statement referenced in paragraph (a) of this section and attested to on Form ETA 9035 or 9035E. Such documentation shall include a copy of the dated notice and the name and address of the collective bargaining representative to whom the notice was provided. Where there is no collective bargaining representative, the employer shall note and retain the dates when, and locations where, the notice was posted and shall retain a copy of the posted notice.
****
Going by above (and also per my discussion with Attorneys and harvesting Atrtorney blogs),
1) when one move within the same Metro (MSA), no new LCA is required. What is required is that the LCA should be posted in the new location before H1 employee starts working .
2) When one move to a different Metro (or out of commutable area), a new LCA is required.
It is a controversy whether an amended H1 is required for all cases of new LCA. I have read one letter from USCIS to an Attorney where they say it is not required as long as a new LCA is approved before the move.
Hwoever, I have read in some Attorney blogs that USCIS insist for an amended H1 whenever a new LCA is filed. I will try to dig out that detail.
more...
h1techSlave
04-08 02:37 PM
What would be the unused family sponsored preferences in 2007. This is the number which EB can use this year.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
US Legal Permanent Residents 2007 (http://www.dhs.gov/xlibrary/assets/statistics/publications/LPR_FR_2007.pdf)
162,176 total EB were issued in 2007.
There were 7,148 unused family sponsored preferences in 2006. The 2007 EB limit was 147,148 (140,000 plus 7,148). In 2007, the number of EB immigrants exceeded the above limit. This was due to provisions of the REAL ID Act of 2005 that allowed the recapture of 50,000 unused EB visas (4,743 of these visas were used in 2007) and provisions of the AC21 Act of 2000 that
permitted the recapture.
gondalguru
06-20 11:52 AM
I thought that you can use AC21 only if you work for employer and I-485 pending more than 180 days and then you leave the employer to work for somebody else.
Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?
Is it possible to use prior employer's I-140, Empolyment offer letter - and file I-485 for future employment--- wait 6 months and then use AC21 clause to get greencard - All these while working for company other than original employer who file I-140?
more...
ameryki
08-28 10:28 PM
Dude, if your profile is genuine, that does indicate something - my PD is also Nov. 2005, EB3-I. Both of us got 1 year EAD instead of 2.......hmm.....my attorney called USCIS and according to the attorney they (USCIS rep) couldn't tell them the reason for 1 year EAD.......asked me to do infopass!
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
trust me the ead situation is not consistent across the board. it is totally up to the IO assigned to the filing. but if you think its promising I truly hope you are right. do keep us posted if you find out more.
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amitjoey
06-14 02:26 PM
I think ability to pay is at 140 stage,and that has gotten cleared.I was wondering if I could file 485 from the old company and invoke ac 21 after 181 days.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
Yes, You can. Ask an attorney. Sorry I did not really mean abiliity to pay. But the previous company that files your 485 should be a valid entity in business and an offer for employment should be valid, Since you need a letter from them stating the offer is open and terms of employment. Please consult an attorney, Nobody can give you any advice since a lot of other details are unknown. Overall generally speaking, looks like you can do it.
more...
WaldenPond
02-09 11:03 AM
Hello,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
Could anybody please post the latest going on with today's hearing - Committee on Government Reform Hearing: U.S. Competiteveness.
I am not able to find any news/update on this.
Thanks,
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makemygc
07-26 12:26 PM
I live in Jersey City. I am planning to move to NYC. My company and job location stays the same. I have filed my I-485 (received July 23rd) with I-140pending. I don't have my I-485 receipt notice, only I-140 receipt.
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
I had the same question. It's better to ask this from someone who has gone through I-485 stages for a while. Anyone here??
1) Is it safe to change one's residence(different state) ?
2) How do I update my address for I-485 so that I get the receipt notice at the new address ? As far as I know USCIS stuff is not forwarded by USPS.
Thanks
I had the same question. It's better to ask this from someone who has gone through I-485 stages for a while. Anyone here??
more...
mangelschots
07-26 03:16 PM
IV core-
Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.
given CIR's debacle, anything increasing visa quota is a dead end. Nobody will touch it. I'm not saying it is a good idea, but it will guarantee a failure.
I suggest sticking to 'technical correction', stuff nobody cares about. Recapturing unused visas can be sold as just doing what congress mandated but bureaucrats were unable to pull off. The US public has no problem bitching about incompetent government agencies.
It is a different thing to convince everyone to let in even more immigrants that there already are.
Forget the H1-B quota increase, nobody will touch it.
Technical corrects may still be possible. Keep the debate as technical as you can. No emotions erupt from technical debates. People will react like 'who cares - I don't understand what you are talking about'
Should we lobby Cornyn to break this into two amendments.. one for unused visas.. and other for increasing the number of H1's. I think we have lost out on many occasions because of H1 increase request. I am sure proponents of H1 increase by this time will understand this request.
given CIR's debacle, anything increasing visa quota is a dead end. Nobody will touch it. I'm not saying it is a good idea, but it will guarantee a failure.
I suggest sticking to 'technical correction', stuff nobody cares about. Recapturing unused visas can be sold as just doing what congress mandated but bureaucrats were unable to pull off. The US public has no problem bitching about incompetent government agencies.
It is a different thing to convince everyone to let in even more immigrants that there already are.
Forget the H1-B quota increase, nobody will touch it.
Technical corrects may still be possible. Keep the debate as technical as you can. No emotions erupt from technical debates. People will react like 'who cares - I don't understand what you are talking about'
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Macaca
03-28 05:09 PM
You can't have an F1 AND an H1.
Is part-time H1 and full-time student without F1, a problem with Univ.?
Is part-time H1 and full-time student without F1, a problem with Univ.?
more...
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grupak
03-28 11:09 AM
also, category selection (eb2, eb3 etc ) is not persistent in the session
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
Yeah, there are some kinks when checking different categories...
Question: Is there a way to search for IV handle? I wanted to look at my info.
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godspeed
08-20 09:50 PM
Totally agree on the information front.
Our stress levels will be in control if everyone of us knows their case status.
I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.
Our stress levels will be in control if everyone of us knows their case status.
I dont understand the secrecy in providing the information which pertains to us, maybe they themselves dont have clear picture.
more...
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uma001
09-08 04:44 PM
waitingmygc,
We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.
We can say lot of ways how we can proceed but companies are not in a position to listen to us. They are not desi consulting companies, they are american companies. Who will apply to the positions that appear on job posting sites or magazines? whoever qualify to those requirments on positions will apply to those positions. So there is no question of whether they qualify or not. If position is for 5 years exp, ofcourse most of the resumes will have min 5 yrs of exp. Doesnt matter whether you have masters or not.
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harshailan
07-31 05:05 PM
If your H1 visa is rejected in canada, they will cancel the existing visa saying you are not eligible. You cannot come back to US again. You need to go to Chennai again for stamping.
Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).
Hope this helps.
Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)
Last month i went to mexico for my stamping and didnot have any issues. I was only asked to show I 797 document and my passport. You will not have any problems if you have a approved I797 with future validity (like valid till Sep 30, 2010).
Hope this helps.
Why don't you travel to mexico. its simple and cheap than canada (if flying to canada)
more...
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Anysia
02-28 05:40 AM
Hi!
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.
To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.
I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.
One of my friends H1 was denied recently for not having Masters.
Whats interesting is that she has already cleared NY state licensing exam and holds valid new york physical therapist license. NY does not require physical therapists to have masters.
Since NY already verified her qualifications before awarding her license and one would assume USCIS would take that into consideration ...apperently not!
I guess only option at this point to appeal and go back to school and get Masters!
You are right...the best solution is to go back to school and get masters. I just found out of at least 4 cases with same reason of denial...lack of masters degree. And Im not even applying for a renewal visa, it was a visa transfer. So in a sense I already have a visa and im not an "entry level" therapist. I am going to see another lawyer--(hopefully someone I can trust to handle my case) this monday. Ill keep you posted.
To Markelli, I dont know how this new ruling will play for you but I suggest you start school now! theres a lot of online courses--accredited ones. Having an approved I-140 might make a difference...Please consult your lawyer now. December is only 10 months away.
I hope I'll get through this too...I havent applied for GC and since its going to be employment-based, I dont know what will happen in the future. Uncertainties really scares me now. If my case gets fix, ill still get that freaking doctorate degree...ive leanred my lesson.
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rockstart
04-23 10:24 AM
I am planning to change my apartment next week. Its same city same zip code just different apartment complex (got a better deal). I am working the same job, same profile no changes since filing my 485 in Aug 2007. I also received a RFE in July 2008 (at that time my PD was current) it was for BC for which I had submitted an affidavit from my parents since the original was in local language. For the RFE I did an notarized translation of the doc and submitted it. They had also asked for updated EVL with supporting paystubs W2. I sent that and the application has been pending since.
The question I have is will this address change trigger another RFE?. Does any one have any such experience?
The question I have is will this address change trigger another RFE?. Does any one have any such experience?
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chanduv23
07-05 07:20 AM
Senthil1 - behaves like an anti immigrant sitting in this forum. Though at times he gets things right and in perspective, most times he is always supportive of the other side - with no logic or reasoning.
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
Senthil - do you get paid by numbersusa etc// :D :D :D :D
Does USCIS promise u fast citizenship if you do this???:D :D :D :D
surabhi
10-17 03:37 PM
Thanks Surabhi......So does my assumption correct in terms of the percent tax an employer pays which is between 8 to 12% depending on the state he is operating which inlcudes all the components you mentioned except the payroll company fee(i,e ADP or intuit or etc)? The reason I ask this is b'coz I am also planning to work on W2.
Yes. Your understanding is correct
Yes. Your understanding is correct
pappu
06-05 11:52 AM
no, no....it does not make me feel any better...
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
I am so sorry to hear about your never ending wait....
:( :(
unfortunately, we cannot go back to our home country, as unemployment rate is insanely high, we would be both without jobs, no place to live, another civil war may break any day now and we do not want to go through all that all over again...
As each day pass, Canada looks even better as our new motherland ...or at least we hope
:rolleyes:
I agree. Such delays are forcing several professionals to consider Australia and Canada. Its a loss to this country and gain for other countries since they have favourable immigration laws. However it is really tough to uproot ourselves and go some place else and start over. Canada still does not have a good economy and job prospects as in USA, thus the struggle is going to be hard for you if you were to look for a job.
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