aau
08-08 10:34 AM
Sorry to hear about your friend's situation.
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).
Think before you write..
If she is qualified enough ask her to find a new employer who is willing to sponsor her a H1B.
She can transfer her status from H-4 to H1B and it will not be counted against the annual H1B quota.
Ppl please at least give a disclaimer. This sentence, said with such authority is completely false! The ONLY way you are not counted against the annual H1B quota is if you are RENEWING your existing H1B (and you have years left on it of course).
Think before you write..
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DSLStart
09-08 01:09 PM
Just tried, got connected after trying for 4/5 times. Automated response system sucks, its in different languages, but after pressing 1 (for English) still could not get the further menu.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
Finally when the call got through the voice quality totally sucked. It is like how it used to be in 1990s with delay and static. Won't use again.
h1bmajdoor
11-10 02:00 PM
Hi ,
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
/* I am not a lawyer - this is obvious but I have to put a disclaimer to satisfy some members here - anyway it is your life and you have to think and take the decisions */
IMO you should be OK. just don't do anything foolish like telling INS about your AC 21, and keep doing some technical work once in a while to justify your 140.
Unless you take risks you will not gain anything.
My 180 days have passed and I have an approved 140. My job was filed in 2002 in EB2 as s/w engg. In this job i moved to project manager in IT. Now I am getting a job offer for an awesome company, nice pay and as a program manager. the role is still in IT but it will be more managing.
Would this be a safe bet to take by choosing AC-21?
Please reply. i need to respond to them in a couple of days....
/* I am not a lawyer - this is obvious but I have to put a disclaimer to satisfy some members here - anyway it is your life and you have to think and take the decisions */
IMO you should be OK. just don't do anything foolish like telling INS about your AC 21, and keep doing some technical work once in a while to justify your 140.
Unless you take risks you will not gain anything.
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satyakb
03-21 09:32 PM
We would like to Thank every onefor providing detailed advices - considering various aspects of life.
Will surely update the thread when we make a final decision.
Will surely update the thread when we make a final decision.
more...
cris
08-30 10:59 AM
now, I'm really confused . Based of the last comments, she or he (I'm not familiar with indian names- sorry ) travelled outside USA while application for extension was pending . and got approved AFTER arrival .
guys, there is something, somewhere to read or to get a proper information ?
guys, there is something, somewhere to read or to get a proper information ?
hary536
05-20 11:28 PM
Dear Parshanthi Mam,
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
Thanks for your advise. IF my company does not file an amendment, then will i go out of status? And if i apply for H1 transfer using the 32 hrs paycheck, then will they deny the transfer or just approve the transfer for consular processing?
Thanks a lot again.
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Your company must file an amended petition for the reduced hours, they will have to follow the current prev wage survey, might be a problem to get a transfer if the USICS notices the low wages, yes they might evaluate the case again.
more...
copsmart
02-20 06:47 PM
I think your wage is high, because you are in EB2 category.
In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.
I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.
So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.
In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.
BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.
I would say, just hang in there, because the job market is really tight.
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
In other words, the job for which your labor was applied required a higher education or experience. Your employer has to come up with such strong requirements to put you in the EB2 category. But what it does is, it will bump up your prevailing wage.
I had a similar situation where my boss gave a big list of requirements, which smacked my prevailing wage to a higher number. My attorney tried to talk into my employer, that GC is for a future job and they don�t have to worry about it now. But my employer said, they can�t promise to pay that salary, even if it is going to be after several years. Although, in my case the difference between the GC wage and my current salary wasn�t very high.
So, my attorney and my boss went back and forth several times before they came up with a job requirement that works for me and my employer.
In your case, at least your employer agreed to pay the salary or they have no concerns. So, you don�t have to worry about it now, because GC is for a future job.
BTW, do not jeopardize your job by asking for such a huge raise in this tough economic times. If you are still so worried, try to find a job that pays your GC salary and use AC21 to change your job.
I would say, just hang in there, because the job market is really tight.
All,
My PERM labor was filed in Dec 2006. I didn't know much about all the technicalities in that process. I found today, from the flcdatacenter website, my labor petition number and was shocked to see the wage mentioned in there is "50.34", "Hr". I assume thats the pay I would get if I get the GC. My current pay is 60K/year. I have approved I-140 and have also applied my I-485 in the July 2007 fiasco.
I am now heart broken since I am not sure if I would ever get the GC cause the wage mentioned in LC and what I am getting right now has huge difference.
What can I do at this point of time? Any suggestion would be helpful to me.
Thank you.
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sriwaitingforgc
07-23 10:49 AM
Are we supposed to get every year?? did ur friend apply EAD renewal online ?
more...
jungalee43
01-14 02:52 PM
You asked for any news at all and here is update posted today on immigration-law.com
"01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."
Hope you feel relaxed for the day
"01/14/2007: Comprehensive Immigration Reform Legislation Likely Timeline
Report indicates that the House and Senate special panel has been working hard to work out the new Comprehensive Immigration Reform Legislative bill. As everyone knows, this panel is led by Sen. McCain and S. Kenndy on the Senate side. It appears that the panel is targeting at introducing the bill first by March and pushing to pass the Senate by April, and the House then takes over the Senate passed bill and attempts to pass it quickly. We will have to wait and see whether or not this scenario will work as planned, but because of the changed political landscape, it is general opinion and concensus in the media and political circles that unlike the tragic experiences in the past few years, it will have a much better chance to make it this time on. If it fails to make it through as scheduled, the chance of the bill will turn slimmer because of the emerging 2008 national election politics and heat of passions involving politics. The AgJOBS bill which will legalize approximately 1.5 million farm workers on H-2A visa status currently receives a very strong support from legislators in both sides of the aisle, even though there is some difference between the White House and the Congress when it comes to the details. It is unknown whether this bill will eventually turn into a part of the CIR. AgJOBS bill is already nicknamed "Temporary Guest Worker" bill!
As for the Appropriation bills for the federal departments other than Defense and DHS, since Continuing Resolution to temporarily fund these departments will expire on February 15, 2007, there is expected some legislative activity to pass some of the minor immigration bills including H-1B reform as part of the appropriation legislative process. Please stay tuned."
Hope you feel relaxed for the day
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GCHope2011
05-15 11:25 PM
Current Status: H1 (visa stamp expires Sept 2011)
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
Citizen-India
Current: Company A (Has filed for h1 extention on May 1 under normal processing)
Future: Company B (Has filed for Transfer under Premium Processing as of May 6)
Currently employed with A. Company B lawyer has filed a transfer on May 6 Premium Process.(I believe current status is LCA is under process).
I plan to resign on May 21 with A and travel abroad to Dubai On May 22. Will be back on June3 to usa
>Can i travel abroad even if my tranfer is under process
>When i enter, what documents do I need to show at POE?
> Can i enter with Company A visa stamp
>Any issues if current employer informs USCIS about my resignation?
Its a emergency travel i cannot avoid. What needs to be done to make my trip
Please do confirm with a reliable attorney as some interpretations of the rules indicate that leaving the country while an application is pending for adjudication implies abandonement of the application.
Not sure if it applies in the case of H1 transfer pending case or not... so it is best to check with someone reliable.
more...
tonyHK12
02-19 01:19 PM
you may find this helpful. it provides info on I-130 and I-485 and the documents you need to file. if he is clean (no criminal background, issues with legal status etc) then you should not have any problems. Good luck and congrats on your marriage.
Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.
@Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.
Useful link, however it appears her husband is an illegal immigrant failing the legal status clause.
@Blondygirl: This forum is for employment based legal immigration and no one would know what to with the undocumented. We generally try to be "Neutral" on illegal immigration.
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whiteStallion
10-13 02:26 PM
I got the 140 denial notice.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
The USCIS did not mentioned any reason like my valid labour is expired.Not sure is the denial is because of 180 day rule or not.
Here is the reason...
The petitioner did not submit an individual labour certification for the beneficiary or evidence of schedule A designation.As such, the beneficiary is ineligible for classification as a member of the preofessions holding an advanced degree or an alien of exceptional ability.
I think the first line "The petitioner did not submit an individual labour certification for the beneficiary..." is relevant to your suspicion of an expired labor. It effectively says that there are no valid labor certification against your I140 application, which means that the Labor certification you filed your I140 against, is not valid anymore.
Please restart your Labor again, ASAP.
more...
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morchu
04-29 05:53 PM
F1 is a pure non-immigrant visa. Means at the time of F1 application, if the consulate feels that there is an "immigration intent" they will (and have to) reject the F1. Just by stating that her fiancee is an immigrant, I see potential F1 rejection due to "immigration intent".
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
Thanks snathan and aravindhome for your responses.
I'm going to consult an attorney on this for sure...
After i consulted my friends and after going through some other posts i figured that F1 is the best option i have now.
My fiancee is interested in pursuing her higher education, but just wanted to find out if it would be OK that i sponsor her education and state that her fiance is in US with green card at the time of visa application?.. would this cause any problems for getting her F1 visa?
OR should she not mention anything about me in any stage be it in University Admisssion process or the F1 visa application process?
I know all of the other options (H1, L1, B1 and GC sponsor for spouse) would require much time.
aravindhome-- i'm not sure how fast can she get a canadian PR and then come to this Country?...On what basis is she going to enter this country?
Thanks a lot
Ravi
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atumalla
09-26 04:33 PM
Could you post your case details ? I called USCIS they say you have to wait 90 days. How did you get past that ?
more...
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EndlessWait
06-18 04:54 PM
Mr. EndlessWait -
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
You extended your status, not visa. Please get your basics correct.
1. Nonimmigrant Visa number
Visa Number for the last issued visa (does not matter if is expired)
2. Date Visa Issued
Date of Issue for Visa in #1
3. Consulate Where Visa was Issued.
Place of Issue for Visa in #1
Good Luck
Please check and verify details with your attorney/lawyer. This is NOT a legal advice.
----------------------------------
Permanent Resident since May 2002
Is the visa number the red colored number on the visa stamp or something else?
thanks
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uma001
05-24 10:15 AM
Here is my case again:
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
more...
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cinqsit
02-02 08:43 PM
If i am understanding you right.....your labor is applied for EB2 qualification but I-140 is applied and approved in EB3. And you want to reapply a new I-140 for EB2 by using the same labor. I believe, you should be able to apply.
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
Labor certification is not expired as another poster mentioned. It will expire in 180 days only if no I-140 is applied using that labor.
Consult a good attorney and it will be worthwhile instead of waiting for backlogged EB3.
Yes you should be able to apply a I-140 for new reclassification (basically a new I-140)
Make sure there are no conflicting alternative/secondary requirements like "BS and less than 5 years of experience" in your approved labor.
They will check for ability to pay and other checks the they do at 1140 stage again.
Good luck
cinqsit
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guyfromsg
02-07 03:19 PM
Some banks like Bank of america you can see the deposited check's front and back image..Sorry you may already know this...
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chem2
06-01 06:36 PM
labor certificate for gc application and LCA for H1 are two different things. labor certificate for gc application is for a future job and employer is certifying that they will pay you per gc labor certificate once you get your gc and has nothing to do with h1 LCA.
desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
venky_handsy
03-07 10:46 PM
you are fine. if you are on vacation for x number of hours...that is fine.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
they will see per month salary ..or per hour salary matches your labor wages...be kool.
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