sw33t
08-01 02:31 PM
Come on people. I wont stop bumping this thread until we reach 100.
:)
So sign up!
http://groups.yahoo.com/group/texasiv
:)
So sign up!
http://groups.yahoo.com/group/texasiv
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__THISRES__56474.jpg "images wallpaper naruto")
raysaikat
03-01 03:08 PM
I was in united states for 5 years and 2 months on H1-B visa. I did not apply for green card during my stay and had to return to India in Aug'2008 due to personal reasons. I want to find out if I am eligible for applyng H1 in this year's quota through same employer with whom I had earlier H1.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
Here is my situation -
1. My H1-B petition is valid till 12th July 2009. My passport is not stamped to reflect this date.
2. I came back to India for good on 31st August 2008.
3. If I go back to US before 12th July, I will only get extension for remaining 10 months (as I was in us for 5 years and 2 months). But I want to go for couple of years, so have to go on new visa after completion of 1 year in India.
So I want to check if I am eligible for filing H1-B in this year's quota through same employer ?
If you physically live outside US for 365 days or more, then your H1B visa time will reset, however, your new application will be subject to cap; i.e., if your application is not picked up in the lottery, you will not be able to work. Note that if you apply for new H1B, it will start from Oct 1, 2009. The employer -- a new one or the old one -- is immaterial in this calculation.
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morchu
04-22 02:02 PM
NO. It is not OK.
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
PERM prewailing wage determination EB2
Position 15-1034
My university is applying for a new perm application for eb2. I work for a university
Myemployer sent a wage request to OES . They replied by saying that the prevwailing wage is not available for your zone so they basically gave me a level 1 wage when it should be the leavel 3 wage for eb2...The person said that should not be a problem
Is thisgoing to be ok ?
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kp9999
05-07 01:00 PM
Hi
Can any one help me in getting information on Onet Code?Is there any website has that information?
thanks
kp
Can any one help me in getting information on Onet Code?Is there any website has that information?
thanks
kp
more...
mjdup
07-26 11:34 AM
One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,
Blog Feeds
12-19 01:00 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.
Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now... by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn't started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year's quota.
If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It's never too early, but it can be too late. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/12/h1b-quota-this-is-it.html)
more...
needhelp!
10-12 04:31 PM
~
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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?
more...
gimme_GC2006
08-06 09:10 PM
Does any one know on an average how much time it will take to complete background check?
My PD is current this month and there is background check pending on my case..
My PD is current this month and there is background check pending on my case..
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pdakwala
04-04 02:53 PM
Hello people,
When you contribute money keep in mind that when you get GC you are not the only one to get GC but your whole family will get the benefit. So please consider that also when you are contributing money and please contribute generously.
Cheers
When you contribute money keep in mind that when you get GC you are not the only one to get GC but your whole family will get the benefit. So please consider that also when you are contributing money and please contribute generously.
Cheers
more...
skarthy
11-27 05:13 PM
skarthy: Upgrade your H1 transfer to premium processing, get the transfer approved. Re-enter the country by showing your wife's old H1 stamping, get a new I-94 based on new approved H1 petition at POE. This is a easy route; If I were you, I will do this.
So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?
Thanks wandmaker.
So We are abandoning the current H1 if we go before its approved .
How do I get the I-94 based on the new H1B , just ask them to stamp it like that ?
Thanks wandmaker.
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minimalist
10-11 09:53 AM
HI Folks
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
The reason for this post is as usual- too much confusion and no clear answers. i read on oh law firm that if you are not in a non-immigrant status i.e are working on EAD, there should be no gap in your EAD while you are working. Meanin you should stop working if your current EAD expires and your new EAD is pending- otherwise its a violation of law and provisions of 245 do not protect you because technically you are NOT a non-immigrant.
Is that true?????
Now, i recently had to go to India for an emergency, and had to come back on AP- did not have time to get my H1b visa stamped. I asked at the immigration counter if my H1b is invalidated and he told me it is. I spoke to my lawyer and she told me if you resume your H1b employment with the same employer- you are back in status- i kinda did not buy that though.
Can someone please shed light. My concern is that my EAD is expired- new one is pinding. Although i was on h1b when i left for India, but came back using AP. Am i breaking a law by working??
thanks
If you resume the job you were doing before you left, you do not need EAD. If you switch employment, then you have to use EAD.
more...
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NH123
01-12 11:22 PM
I would also say use the EAD.BTW do you work for MA based Tech company as they are the only technology company i know who announced lay offs.
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JunRN
09-28 01:28 PM
I agree. For example, in Germany, it is hard to work if you do not speak German. Also in France and all others.
And even in Scotland, they speak different English there and you need to be there for many months before you get used to it.
And even in Scotland, they speak different English there and you need to be there for many months before you get used to it.
more...
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singhv_1980
02-19 11:19 AM
Hi,
I am Indian citizen residence in USA.
In my appointment letter I saw State of Residence:Tamil Nadu.
I didnt select this option.How this information came to my appointment letter.:confused:
I selected the option before taking appointment.... Indian Citizen Residence in USA.
Is there any chance to change that.My appointment date is with in one week.
Do i have to call anybody regarding this.
Pls tell to me any other options regarding this.
Dont worry man..even the same happened in my case. No need to sweat too much on this.
I am Indian citizen residence in USA.
In my appointment letter I saw State of Residence:Tamil Nadu.
I didnt select this option.How this information came to my appointment letter.:confused:
I selected the option before taking appointment.... Indian Citizen Residence in USA.
Is there any chance to change that.My appointment date is with in one week.
Do i have to call anybody regarding this.
Pls tell to me any other options regarding this.
Dont worry man..even the same happened in my case. No need to sweat too much on this.
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martinvisalaw
08-31 07:24 PM
Hi
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
I came US on h4 visa .One employer had filed for my h1b last year,and they said i got the approval.but the employer had no job for me as part of recession.So I am still on h4 .Will I loose my H1 approval.How long is the validity of h1b approval ?:confused:
You need to be careful here. If the H-1B was approved as a change of status (COS) last year, you may have automatically changed to H-1B status on the start date. If you did not work for the employer, you then violated H-1B status.
If the H-1B was not approved as a COS, you have stayed in H-4 status. The H-1B approval could be used to get a H-1B visa, however you would need a letter from the H-1B employer confirming that there was still a job for you. The consulate would probably need this since it has been a year since the H-1B was approved. Otherwise, the H-1B is valid until the expiration date, unless the employer revokes it with CIS.
more...
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ABHI1
11-12 05:07 PM
Hi ,
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
My H1 expires next week and I am having my FP date 11/13.My company HR recommends that I don't need to go for the 8th year extension.They say that it is a kind of money and time waste to go for extensions.They say that it is good to work on EAD.But my question is what happens if there is a pro with I485?What do you guys recommend????
Can you guys tell me the forms that have to be filled for H4 Extensions.I want to save the $$$that I have to pay for the attorney.
Thanks
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mik
06-13 05:16 PM
Hi,
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
My case is a bit complicated. So, your advice will be of great help.
Shortly after arriving to the country, without knowing much about immigration laws, my company applied for an EB3 PERM labor certification, although I hold a Master's degree! But, my company lawyers lack any experience! Anyway, the LC was approved in October. However, as you have guessed, retrogression was there, and I've started the waiting phase.
After reading more about rules and law, I've decided to ask the lawyers to file using EB2. One month later, they've filed another LC in EB2. Naturally, this one was rejected because DOL doesn't allow multiple filing for the same position! Once more, my lawyers proved their inefficiency, and said, it's a mistake and filed for an appeal. Until this day, the appeal is in limbo, because the guys at DOL don't even want to look at at. All our requests for info went unanswered!
Anyway, now the visa bulletin for June shows that my EB3 date has become really close, it's June 2005 for my case (EB3 World), while my PD is July 2005! I thought, finally it's time to go on with I-140. Asking my lawyers, they've adviced that I should withdraw my EB3 and the stalled EB2 and file another EB2!!! Of course I wondered as you did, "why didn't they say so earlier", but their answer was that the law and company rules just changed!
Well, instead of risking both EB3 and EB2, I've asked to withdraw the non moving EB2 only, and see what happens in July visa bulletin, which I believe would move at least by a month. I'm still waiting for my EB2 withdrawal decision too.
So, my question to the experts on this forum, what should I do next? Let's say my EB3 PD becomes current, should I just file for my green card, and hope it doesn't retrogresses while my application is being processed?
Or should, I withdraw my EB3 too and start the whole process in EB2. I'm very worried an EB2 LC request would gets complicated this time too! At the same time, I'm worried the EB3 category gets retrogressed while my I-485 is being processed and I would have to wait even longer. What do you think?
Well, that was long. So, thanks for reading and waiting to hear your recommendations and experiences.
take care,
mik
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deba
04-03 06:56 PM
Hi all, not sure if this has been posted in any other thread, if so, Admin please delete.
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
I was surprised to get a letter in mail from USCIS today dated March 26th referring my letter sent to White House from IV letter campaign.
Basically it says the letter was forwarded to USCIS from White House and after they researched my case, it is still under name check and my PD is not current yet for a visa. They also included three inserts on fact sheet about name checks-why and how, new memorandum on name checks that has been discussed here and the March/08 visa bulletin showing that my priority date is not current.
Just basic stuff but I wonder if these are being sent to everyone that sent a letter to the President during the campaign. Anyone else received the letter?
rajuseattle
02-28 11:12 PM
gckidhamal,
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
RFE is very clear, basically they are asking the documents, which has Picture ID, where your name was mentioned as Pravin, PRaveenkumar and Pravinkumar.
I dont think u will be able to produce the picture Id for the birth certificate, but for the passport or any other state issued ID, you might be able to have some kind of picture Id dcument which bears your photo.
Please consult a good attorney who can deal with this situation, this is very unusual circumstances where you appeared to have 3 different names in 3 different doucments and the USCIS IO is confused on how to deal with this situation and requesting the evidence just to make sure that he is issuing GC to appropriate person.
I know in india it is possible to have these kind of mistakes, but unfortunately USCIS doesnt understand it. you have to have to good attorney to respond this RFE.
for_gc
06-19 02:12 PM
Its quite likely that we may get some quick relief on alternate vehicles (bills) for minor things like the ability to apply I485 when the visa is not current. We should not count that out ... Not sure what boat you are in but I am waiting for applying my I485.
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