tw00ne
06-26 12:13 PM
1) Since I140 never required the PD to be current how can one explain the backlog on I140 applications? They used to premium process those it in one month.
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
2) If 180 days pass since the I485 receipt date but I140 is not yet approved can one use AC21 safely?
(I understand the risk of having the I140 denied and being out of status. But aside of that... )
My understanding that the H1B cannot be ported once you have I140 pending without having to redo your I140 and I485.
The lawyers that created those laws must have been on something ...
Thanks
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krishnam70
03-26 08:07 PM
Hello all,
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
If my GC is approved, is my employer bound by obligation he gave to USCIS when he filed I140 petition?
I mean, in I140 employer explicitly stated my future wage, it is 20% higher then wage I am getting from him while I am on H1B.
Say, my GC is approved and employer refuses to raise my wage to match the amount given in I140. Is there any way to make him stick to this obligation? Like, complaining to DOL, or where else? And if I complain, can it affect validity of my GC?
The problem is after GC I have to stay with this employer for another 6 months to avoid possible complications in future applying for citizenship. If I just quit and take another job - that will make a possible problem in the future; but if he lays me off, then I am fine. But he does not want to lay me off, and does not want to keep his promise. Any ideas?
If he lets you go you have no issues with future naturalization in case you have all your records, termination letter etc. I am unsure about the wages mentioned in your LCA. I think it is mandatory and can be challenged since employer is giving an undertaking that they have the ability to pay the amount mentioned in your LCA/I140.
You need to get good advise if they terminate you immediately after you get your GC will it show some malafide intentions/agreement between you and your employer which was there in place just to secure you a GC.
- cheers
kris
ronhira
10-28 11:50 AM
anti immigrant troll alert
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anwaya
08-31 09:21 PM
Thanks a lot for giving a reply on time.
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Steven-T
January 30th, 2004, 02:40 PM
In my opinion, one of the more intriguing product announcements from Nikon today was the Coolpix 8700. If it improves significantly from the Sony, that could be a killer product. Right now, Canon is lacking a bit in the true consumer DSLR market. But then again, PMA is right around the corner. Click here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=122&mode=thread&order=0&thold=0) for the 8700 infp.
The Sony has Zeiss glass and 28mm WA. But the CA and Noise are horrible. Isn't the Nikon 8700 has same sensor size as the Sony 828? Wait and see how the Nikon performs in those deaprtments!
Steven
The Sony has Zeiss glass and 28mm WA. But the CA and Noise are horrible. Isn't the Nikon 8700 has same sensor size as the Sony 828? Wait and see how the Nikon performs in those deaprtments!
Steven
Ann Ruben
05-28 03:00 PM
It would be converted to F-3.
more...
buehler
12-10 07:20 AM
If you have been in the US for more than 1 year, you are a resident of the US and not any particular state in India. You are free to go to any Consulate in India. Even though I was previously a resident of AP, I have been able to get successful stamping in New Delhi.
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mbawa2574
08-21 06:22 PM
??
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starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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Mallika
06-27 05:39 AM
Dear Experts,
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
My I-140 was filed under "Premium processing" and I have received approval last week. I am currently out of US since May and want to go back. I do have a valid H1-B visa till Sept '10. But, my lawyers have asked me not to go back till my H1 three year extension is approved. This is where I am confused and have the following questions:
1. Why do I need to wait for the H1 approval to come through? Can't I go back now since I do have a valid visa on my passport?
2. For extension filing, don't I have to be physically present in US?
I need to go back asap because working from outside the country is not working out that well for me now since past two months. So, any pointers in this regard will be greatly appreciated!
Thank you!
Mallika
more...
ameryki
03-23 08:48 PM
Hi,
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
I have a pretty simple question.
A person decides to change employers, moving from company A to company B. It's been 180 days after 485 filing.
Question: what does company B have to do to legally take this person on as full time employee? Is the process any different than taking any other american resident employee? The way I understand is it is not any different.
Please advise,
Thanks,
Vlad
If you are looking to use your EAD then I believe their is a form that you fill in with your employer and off you go. Informing USCIS or not will be your choice read around in this forum to find different opinions and more info on AC21.
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rpatel
12-12 09:51 AM
I have an opportunity to do some consulting work for a company B on a part-time basis apart from my current full time job with company A. I know that I will need another H1 for the part time gig but what I am confused about is whether the company B has to wait for next years quota to file for an H1 or can it file immediately ? Meaning is the H1b quota tied to max no of individuals ? or to max no of positions ?
I would appreciate if some one knowledgeable about the issue can comment on my question:confused:
I would appreciate if some one knowledgeable about the issue can comment on my question:confused:
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milmuk
08-24 09:25 PM
This is a contract position to work in canada.This is normally through couple of vendors.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
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ursosweet
07-17 08:21 PM
again with Company B and file a new 140 and then use the PD of previous labor to file the 485 etc etc.
hope this helps
hope this helps
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zimmy100
04-01 01:35 PM
Hi
My parents Staying currently at Dubai and I wants to invite them USA. First of all, is it good idea to call them directly from UAE? or better schedule interview in India and then bring them USA.
Where can I find visitor Visa documents details?
Thanks,
My parents Staying currently at Dubai and I wants to invite them USA. First of all, is it good idea to call them directly from UAE? or better schedule interview in India and then bring them USA.
Where can I find visitor Visa documents details?
Thanks,
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injrav
03-21 01:51 PM
Thanks you. The minimum donation online is $50. Yo have to scroll down for one time contributions, below to the 6th or 7th one in the dropdown.
Thanks for quick reply
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Thanks for quick reply
I donated 50$ through pay pal.
Your receipt number for this payment is: 46xx-xxxx-xxxx-0287
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ramaonline
07-08 05:50 PM
In case anyone needs to reimburse some of the medical costs from the insurance co, following are the HIPAA procedure codes.
Testing / Lab HIV-1 and HIV-2 86703
Testing / Lab Syphilis test (RPR) 86592
Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
Preventive Care MMR immunization (subcutaneous) 90707
Preventive Care Varicella immunization 90716
Preventive Care TD immunization (Tetanus) 90718
Testing / Lab HIV-1 and HIV-2 86703
Testing / Lab Syphilis test (RPR) 86592
Preventive Care PPD (tuberculosis) intra-dermal skin test 85680
Preventive Care MMR immunization (subcutaneous) 90707
Preventive Care Varicella immunization 90716
Preventive Care TD immunization (Tetanus) 90718
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aquarianf
06-15 03:14 PM
Hi Folks,
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
USCIS is overloaded with work. Since they have to response in 15 days they issue RFE for any reason. So you may try your luck but there are great chances getting RFE with PP.
It is crunch time! I have 15 days left to get an H1B 3 yr. extension (since PD is current EB3 India, my H1 expires July 30th), so I need to decide whether I should file I-140 in Premium Processing.
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere!
Thanks & Regards!
USCIS is overloaded with work. Since they have to response in 15 days they issue RFE for any reason. So you may try your luck but there are great chances getting RFE with PP.
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bang
03-24 04:59 PM
You should mention both the intent, i did that last year and it was no problem (it was in seattle where i applied for Visa)
wandmaker
08-26 08:29 AM
Hi,
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
I have a situation and will appreciate thoughts on that. I was working in a company on H1B and my company got closed and Moved back to India after 2-3 months.
Now I found a new employer who has a project for me but want me to join in 1-2 weeks. SO I was wondering what options do I have?
Is it possible to apply for B1 for some time and come and simultaneously apply for H1 Transfer.
Please let me know. Your help is appreciated.
Thanks
Maya
B1/B2 is not intended for work (or to even to seek work) - The best way is to apply for H1 in premium, get it stamped and go back. If everything goes smooth, total turnaround time would be 4 weeks tops.
greencard_fever
07-17 06:15 PM
Hi,My I-140 was approved on 07/02/2008.I recieved an email update and online status also showing Approval notice sent.This monday my attroney send me a copy of Approval notice.
Receipt Date :01/07/2008
Notice Date :01/09/2008
Approval Date:07/02/2008
Center :TSC
Category :EB2.
PD :Dec'2006.
No concurrent filing.
Waiting to file I-485.
Thanks
Rajesh
Congrats Rajesh!! But what your are trying to make a point here?
Receipt Date :01/07/2008
Notice Date :01/09/2008
Approval Date:07/02/2008
Center :TSC
Category :EB2.
PD :Dec'2006.
No concurrent filing.
Waiting to file I-485.
Thanks
Rajesh
Congrats Rajesh!! But what your are trying to make a point here?
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