gdilla
06-07 11:57 PM
But the letter doesn't seem to address the direct behaviour of the companies in question. Seems like a bunch of broader level issues were tackled - while true, it doesn't address H1B abuse in any way. Wasn't that the point?
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immique
04-13 01:38 AM
it is very risky. you cannot use AC 21 when you move from a full time practising physician to fellowship. how can you justify being paid about 1/3rd of the salary mentioned in your Labor application. the job has to be similar in description and pay. earning extra by moonlighting will not be sufficient to satisfy the criteria. personally I have known Physicians who did not even move from a University hospital to a community hospital as the job description will be different from a University hospital to a community hospital. if you have green card processing through your wife then you can file as her dependent and go for the fellowship. if you don't have that option, then I would suggest that you not go for the fellowship and stick with your current job.
raysaikat
01-29 12:22 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
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manderson
11-09 08:57 AM
unless you are a European on EB3.
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
My lawyer told me the backlog is 400K. As an European, I am expecting to wait between 2 to 3 years for my GC. Anything sooner would be a nice surprise!
more...
Maverick1
11-13 05:08 PM
I asked her if it is change of address they sent she is not sure but she said usually it is the card when Current Status: is "Document mailed to applicant."
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
She put in a service request for me and she some one is going to contact me in 30 business days.
Goodluck.
Since you are EB3/2004/India it is probably not I485 approval unless you got EXTREMELY lucky and they processed your application out of turn.
mrajatish
01-24 12:21 PM
Friends,
As part of the Washington State Chapter, I want to arrange a conference call for all Washington, Oregon and Idaho state members. I will send out details soon on the conf call.
The main agenda will be
1. How to increase awareness about IV and increase its member base/funding?
2. How to target the big employers in this region (e.g., Intel, Microsoft)?
3. How to meet all Congressmen and their Immigration staff?
Thanks,
Raj
mrajatish@yahoo.com
As part of the Washington State Chapter, I want to arrange a conference call for all Washington, Oregon and Idaho state members. I will send out details soon on the conf call.
The main agenda will be
1. How to increase awareness about IV and increase its member base/funding?
2. How to target the big employers in this region (e.g., Intel, Microsoft)?
3. How to meet all Congressmen and their Immigration staff?
Thanks,
Raj
mrajatish@yahoo.com
more...
my2cents
08-04 03:53 PM
Not True
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
All dual intention like H1b/H4 are treated differently. For those AOS applicants where they also have H1b/H4 status ( Not necessarily VISA stamped) ..they need to be here when filed and if they leave after filing then neither I-485 or I-131 will get cancelled.
After approval, you can mail them.
I have known 2 person whose spouses came without problem.
Now , If you are F1 or B1 pure non immigrant VISA and you leave without it being approved then you are in problem.
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jsb
01-27 12:53 PM
Hi,
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
If anybody has used a lawyer for AC21, please post the lawyer details and their cost.
Thank you.
Question is why do you need a lawyer for AC21. It does not require any action, unless USCIS asks for confirmation of same/similar job offer. In any case, if you choose to take some action, just send copy of new job offer to UCSIC (by your your new employer that they have a job for you when you get your GC). The letter should have job details same/similar to what you were sponsored for.
When lawyers want to do this, they do so only to make some money.
more...
thomachan72
01-21 12:07 PM
I had a doctor's appointment today and my doc asked if I had read this article: Why Chinese Mothers Are Superior - WSJ.com (http://online.wsj.com/article/SB10001424052748704111504576059713528698754.html) and if I agreed with the author (coming from an asian/indian family)
What do you think?
I agree 101%:D:D
What do you think?
I agree 101%:D:D
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snathan
03-30 05:08 PM
Thanks guys for your support. Its not that I didn't want to contribute and I will definetely do it once I get my H1 visa stamped.
Status Update -
Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.
My company has already prepared a letter to show work schedule if I get out of work with current client.
So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?
What do you guys think?
How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.
This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.
Status Update -
Manager is working actively on getting all the documents ready including detailed job description, requriements that were posted when I joined, vendor letter stating they cannot provide the master agreement with detailed duties. My client lawyers have asked the vendor not to share the master agreeement otherwise it will be a breach of contract, so there is nothing much my manager can do.
My company has already prepared a letter to show work schedule if I get out of work with current client.
So now I have almost all the letters that I have been asked for but I'm still not sure if I will get the visa without the master agreement. Do I have a choice?
What do you guys think?
How about your client directly sending the agreement to the cosulate through fax or whatever your client's attorney is saying (breach of contract) get it in writing or print out the email and submit as evidence with other supporting documents.
This is the exact reason we want to work more aggressively for 'Filing for I-485 when PD is not current'. You wouldnt have to be in this mess if you have EAD.
more...
bigboy007
08-10 02:18 PM
Good Morning,
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
I went to the uscis local office. The officer told my case SRC-****7236 (765) Renewal was denied on 06/25/2010. He didn’t have the denial details. He told he will send an email to Texas USCIS asking the details. He also told my 485 motion approved and my recent travel document approved but strange that they denied EAD.
Unfortunately we (Myself & Lawyer) never received a denial notice.
My EAD is expiring sep 3rd. I know mostly they denied by without seeing my 485 motion approval.I am requesting denial notice by opening SR
Help me and suggest to overcome this SITUATION (Another wrong denial by USCIS.)
Thanks
KPR
-----------------
Background OF Myself
----------------------
1)Worked for Company A from 2003 to 2008.
2)Company A applied I-140 and approved April 2006. AOS 485 filed on July 2007. Got EAD but never used it
3)September 2008 I have Joined employer “B” by transferring H1B (Valid until Aug 2010).
4)Employer A revoked 140 which triggered 485 denials in October 2008.
5)Applied MTR and it was approved in NOVEMBER 2008 and 485 reopened.
I understand its painful , but unless you can get hold of Denial letter there is nothing much, anything else is pure speculation. Ask to send the Denial letter soon/again. If you can reach out to level 2 officer he/she MIGHT be able to see the cause of denial. what does online status say ?
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theOne
09-05 03:43 PM
I have GC for about a month now. I plan on taking up Corp-to-Corp, Independent, 1099 and W2 contracts. For corp-to-corp contracts I would like to incorporate a company if I can save on taxes over the 1099 contracts. I am also
in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?
Thanks,
theOne
in the process of engaging a CPA. Do you advise incorpating a LLC or S-Corp or a C-corp ?
Thanks,
theOne
more...
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Berkeleybee
05-18 05:17 PM
Will we be able to find by the end of 2006 wether CIR bill is passed or not ?
Here is what Specter said: (Apr 24, 2006)
quoting Specter "And after this meeting, I'm confident we'll get it done, out of the Senate by Memorial Day and to the president's desk, as he's asked for, before the end of the year."
http://immigrationvoice.org/forum/sh...&postcount=336
Here is what Specter said: (Apr 24, 2006)
quoting Specter "And after this meeting, I'm confident we'll get it done, out of the Senate by Memorial Day and to the president's desk, as he's asked for, before the end of the year."
http://immigrationvoice.org/forum/sh...&postcount=336
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GCKarma
04-19 10:25 PM
Go to http://www.shusterman.com/
Got some updates as to whats going on behind the curtains ..
Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......
What does he mean by lengthy phase-in period?
Got some updates as to whats going on behind the curtains ..
Gear up & give sometime to fight against the anti-immg groups who have already started contacting the law makers & congressmen ......
What does he mean by lengthy phase-in period?
more...
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simple1
02-15 11:37 AM
I have the same query:
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
Permit: using EAD and calling AC21
Role: exactly the same.
Salary: large difference (bayarea vs small city in under developed state) due to the prevailing wage at the new location is far lower.
Experts please advice.
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krish2005
11-09 08:47 PM
I am opposing STEM cell bill then, I dont want to see Kaurava's running around...::-)
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
:D
"Science is a double edged". I would support stem cell research if there are ways control it and not to jeopardize nature's protocols.
lol. I could imagine the comical kaurava clowns running around when you put that post. :D:D:D
more...
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meridiani.planum
06-15 11:10 PM
I have a masters degree in mechanical engineering and I have been working as a system analyst for the last 2 years, does anybody here can advise if I can apply for EB2?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
If yes what are the chances that there would be an RFE asking why is masters needed, I do think having done my masters i am able to understand and do the job better, but there is really no specif need for it.
Has anyone else gone through this confusion? What are the things to keep in mind?
Is there a special need how the job requirement should be?
Please advise.
Thanks
education and experience requirements are tied to a position, not to the person. So the LC is going to look into whether the position of a systems analyst requires a masters, and if it does what kind (as the minimum requriements). At I-140 they see if YOU match the position for which the LC has been approved. If the LC said systems-analyst needs a masters in computer-science or electrical engineering, then you will have a problem.
You can potentially get two questions in the RFE:
- why does the job need a Masters (EB2 justification for LC)
- why does a masters in mechanical engineering satisfy the requirement of a masters for a system analyst position (whether you meet the requirement, at I-140 stage).
Since you yourself say the position does not require a masters, proviing it needs a masters in mech. engg might be even harder. Did you ask your company attorney about this? what do they say?
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rajeevkaza
10-31 01:12 PM
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
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usirit
11-21 12:24 AM
By the way, what "...You are from ROW..." means :o
skv
07-18 01:51 PM
Atlanta PERM Center belongs to DOL not USCIS
We need more people to know about the issue at the Atlanta PERM center.
I'm sure, our immigrationvoice will support as always. :-)
We need more people to know about the issue at the Atlanta PERM center.
I'm sure, our immigrationvoice will support as always. :-)
snhn
04-21 12:10 PM
Hello all,
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
it used to be that I would look forwared to the dat DOS cam out with their bulletin, hoping that one day i will be current. that day came last month when i became current. Happiness lasted for a few days, only to realize that those dates means nothing unless your processing center is current as well.
I am from Texas, so the dreadfull TSC is the center processing my application. Last date is march 15, and i am assuming they dont follow the same pattern as DOS, that is to say updating their bulletins every month on a specific date. I am also assumin that their date usually move in increments of days rather then monts, like DOS is doing now days. My PD is August 2005. That leave me 4 months or so before anyone starts to work on my case. I have seen a couple of have been called for interveiws with PD around same time as mine. I dont see any changes on my RD message either. It still sayd, we recevied blaha blah... Generic message letting me know they have gotten my case.
What do you all think when the date usually change. Since I am current, my day to look foward is not on DOS websiter, but USCIS website, hoping that they get to processing Auguts dates soon. I am afraid that DOS might retrogress again, and my current PD will beceome thing of the past.
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