desi3933
04-02 07:43 AM
....
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
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crsna
07-18 09:13 AM
Are you saying client company will not pay for the expenses or it will not sponsor H1 visa? If the Client Company does not sponsor H1 visa, i do not think you an sponsor yourself.You can pay for your expenses if client company sponsors H1 visa.
bombay707
11-16 08:10 AM
Folks,
Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.
-Mehmood
I think it is 2 weeks. Also confirm the same with the lawyer.
Is there a time limit to transfer a H1-B visa ? If the previous company revokes the H1-B visa how long do we have or is the H1-B canceled at that point ? Please let me know at your earliest.
-Mehmood
I think it is 2 weeks. Also confirm the same with the lawyer.
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sbmallik
05-20 02:07 PM
Generally, Immigration add value to the economy ... but as a result of recession, we may see decline in immigration levels.
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sac-r-ten
02-12 09:05 AM
this shows that we just have to be patient and hang in there. might get lucky any time :)
waiting4gc02
10-12 02:32 PM
Guys:
I know this has been asked gazillion times but jsut wanted to make sure I got it right.
On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.
So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.
Is this correct ??
Thanks
PD: Feb'02/EB-3/INDIA
I know this has been asked gazillion times but jsut wanted to make sure I got it right.
On uscis website for my I-485 it says " On June 9th we recieved you application and ........so forth.
The date when this is done is June 13th as seen on the LUD.
So my understanding is that my 6 months period for me to knick in the AC21 rule would be Dec'9th.
Is this correct ??
Thanks
PD: Feb'02/EB-3/INDIA
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logiclife
02-18 02:49 PM
It will never happen here. Even if it does happen, it will still have an annual quota, which would lead to priority dates.
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alex99
09-14 04:23 PM
I have an issue with my I-94 and need your advice on this.
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
I came back to US from India vacation on 10-Sep-2007. My H1 Papers from Company-B got approved(on 5-Sep-2007) just before I start from India . So I could not show the new Company-B h1 papers at the Port of entry to the CBP officer. I got my new I-94 date based on the old Company-A H1 papers which is valid till 30-Sep-2007.
I red on the Immigration Forums that USCIS follows last action rule to determine the validity of I-94. In that scenario, the I-94 that comes with my new H1 paper gets invalidated. If it is true, am I out of status after 30-Sep-2007?
Could you please advice on my possible options on this issue?
Thanks,
Alex
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GCwaitforever
06-09 05:28 PM
We are neither immigration lawyers nor USCIS officials. They are the only ones competant answer to such questions. Anyways, the bill mentions nothing about having "experience" in your field .. what is required is to be working in the US for the 3 years preceeding your I-485. Everything else is immaterial.
But now is not the time to be dreaming and counting unhatched chickens IMO.
It should be before the immigrant petition is filed. So before I-140 is applied.
But now is not the time to be dreaming and counting unhatched chickens IMO.
It should be before the immigrant petition is filed. So before I-140 is applied.
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surabhi
05-30 12:00 PM
The suggested procedure generally is, (assuming you got stamped with Employer A while in India and you want to work with Employer B as soon as you land)
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
1. File a new independent petetion
2. at Port of Entry, show the I-797 of company B, so that your I-94 records the right company you intend to work.
With quota over for the year, you cannot file another H1 and follow above approach.
When quota was not an issue until 3 years ago, the above scenario worked.
Now you dont have an option because in I-129 (H1b application) form, you will be counted against the cap unless you are already in US in same status i.e on H1. Since you are not in US, you cannot avoid not being counted againts the cap.
So the only way is to come in to US with intention to work for Employer A and then look for moving to employer B
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02-27 06:27 AM
Swift 3D V2 provides a lot more options for exporting your files than Swift 3Dv1. I have a few basic tutorial up on my site regarding Swift 3D, but I will create more in the near future!
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apb
03-31 07:03 PM
I plan to use AC21 and apply G28. Any reasonable lawyer recommendation in and around bay area would be of immense help to me.
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
I tried Payal Singh and she is charging $1200 for AC21 and G28.
I checked with Arjun Verma and the cost is $400 for the same.
Still checking around...
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The7zen
11-11 11:22 AM
It would be nice if we get Subscription expiration notification.
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intheyan
01-27 10:42 PM
Dear Attorney,
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
I greatly appreciate your time in reading my question and will be happy I get a reply. I am an derivative applicant with I-485. I have my EAD till Mid of August 2010 and my AP expired on November 2009. I read from forums that AP is not need if we are not going to travel out of USA. Even my friends said the same, so I did not renew my AP so far. Will an expired AP invalidated my status when I am staying in USA and not planing to travel within next 8 months?
Since I am on my 1-485 status and my husband got Green card I believe that I am in status. But just wanted to confirm again for assurance and for piece of mind. Any way I am planing to apply for AP in next few weeks.
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Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEidinn_1K5lvWF3qWdodqc4d2BXWbQqPobIsk9iWPQNdXndRgGNdPkMEd01vu9hHYYiDUGKAqcRKy1UpYR86mn7q-PQY8D2kA1mJdbPWuQ2KIMxfHMpvirAICau36OxFhKugrwm17PNw21H/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEidinn_1K5lvWF3qWdodqc4d2BXWbQqPobIsk9iWPQNdXndRgGNdPkMEd01vu9hHYYiDUGKAqcRKy1UpYR86mn7q-PQY8D2kA1mJdbPWuQ2KIMxfHMpvirAICau36OxFhKugrwm17PNw21H/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
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Raj Iyer
10-07 05:24 PM
Its always safer to have an underlying non-imigrant visas such as H-1B in the vent of I-485 denial due to some unforeseen circumstances. IF you have an H-1B, you can continue to stay in the U.S.
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sbmallik
05-07 11:08 AM
And how does consular processing help? Can I enter US before getting a GC in this case?
Consular Processing allows the beneficiary to remain abroad till the GC is approved at a consulate. At all times the petitioner should show intent to hire you for the future job. If you need to enter US earlier, it's your job to arrange an alternate visa.
Consular Processing allows the beneficiary to remain abroad till the GC is approved at a consulate. At all times the petitioner should show intent to hire you for the future job. If you need to enter US earlier, it's your job to arrange an alternate visa.
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la6470
09-14 12:30 AM
bumping it up
^ ^ ^
^ ^ ^
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obviously
07-27 07:05 AM
The Office of the Ombudsman is usually best addressed through 'non named' communication. By nature of the profession, Ombudsmen as neutral third parties and hence influence greater effects without direct name association. This is a technicality in the ADR/mediation profession.
For those who'd be more comfortable addressing Mr. , by all means no harm, no foul.
In any case, the Office of the Ombudsman in this can can be a POWERFUL resource because it can enable the Govt and USCIS Officials to take corrective action and place motivation on the Ombudsman instead of themselves. Thats how most bureaucracies work, find the person to pin the tail on and play the game.
For those who'd be more comfortable addressing Mr. , by all means no harm, no foul.
In any case, the Office of the Ombudsman in this can can be a POWERFUL resource because it can enable the Govt and USCIS Officials to take corrective action and place motivation on the Ombudsman instead of themselves. Thats how most bureaucracies work, find the person to pin the tail on and play the game.
WFGC2006
04-13 04:54 PM
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
singhsa3
08-08 02:20 PM
No this time I will prefer hunger strike.. Care to participate?
Why don't you file a lawsuit? :)
Why don't you file a lawsuit? :)