inspectorfox
11-04 07:42 PM
Congrats...I see hope from your case.
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
My case still remains stuck in security check at USCIS TSC...395 days and counting :)
wallpaper Pauly D has definitely been
prem_goel
03-07 08:06 PM
Hello Ann,
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
I very much appreciate and thankful for your last reply. Unfortunately, the prospective employer did not agree to file her COS due to some of their own internal regulations.
Now, the current employer through which my sister came here on B1 wants her here but is not willing to file a B1 Extension. Instead, they want her to travel back to India on the day her I-94 expires, and come back again immediately within a week, so that she can again continue to be here for another 90 days.
I wanted to ask your opinion if you think that'll be a problem at Port of Entry? Ofcourse, my sister is going to carry all her documents and the letter, but I do not know if the Immigration Officer at PoE would create any problems/issue? This company however is a well-known company in the ranks of Google, Microsoft etc. That's the only consolation we have that it might be just okay.
Please advise,
Thanks
P
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
qualified_trash
11-30 09:56 AM
if you have an approved I140, you can get a 3 year H1 extension. Just make sure that your new employer does PERM + I140 ASAP and you can retain your PD.
industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.
also, make sure you speak with a lawyer.
industry, job description, qualification etc., only come into the picture if a substitute labor is being considered.
also, make sure you speak with a lawyer.
2011 pauly d with his hair down.
CADude
11-07 07:30 PM
Please Read the SOP I-485 Section 6: Work Load Distribution (page 134 of 269)
If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.
If visa# available for your PD then file will be assigned to Adjustor.
But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.
If all earlier process is completed (NC, G235A, FP, etc, etc..) then you will come to WL Distribution phase. If you Visa# is not available then files will be kept in "visa hold self" sorted by PD. It's reviewed monthly for visa# availability.
If visa# available for your PD then file will be assigned to Adjustor.
But to reach WL Distribution, all process haved to be completed which is done based on your Receive Date(RD). I am sure FIFO didn't followed for July 2nd filer(few filer are still waiting for RN). So for all praticle purpose read Notice date(ND) inplace of RD.
more...
TeddyKoochu
10-15 08:29 AM
Teddy
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
Is there any source on any site which gives idea that they are thinking of it. Since we have close to 800 members who joined for filling 485 when date is not current we can ask IV core to make this campaign officially and push for this one. Even we know 800 are not a good strength still it may help if govt is willing
gc_on_demand - Here are the links from other sites.
From Ron Gotcher's Forum
http://www.immigration-information.com/forums/general-immigration-questions/10321-uscis-considering-permit-pre-filing-i-485-applications-approved-i-140-a.html
I could not find anything on any official site. There are blogs going on all popular immigration sites on this topic.
I believe that since the agencies are thinking about this provision (Even though this has been in the news since a year) has better likelihood of being implemented.
skgs200,aksharan, cbpds the EAD / AP part appears to be disputed nobody is clear on this. Yes there maybe a fee for this but it does bring us a step closer.
guyfromsg
07-17 11:09 PM
http://www.uscis.gov/files/pressrelease/UpdateDirectFiling062107.pdf
Thanks for the link. My lawyer didn't explain clearly why he filed in Texas. This document says even though direct filing is effective July 30th you can still file to the appropriate service center. I reside in GA and so TSC is the right one. Thanks again.
Thanks for the link. My lawyer didn't explain clearly why he filed in Texas. This document says even though direct filing is effective July 30th you can still file to the appropriate service center. I reside in GA and so TSC is the right one. Thanks again.
more...
russiarulez
03-26 07:00 PM
Last 2 years of college I was working full time in my field and going to school full time.
How did you work full time during college for 2 years? Unless you had an off-campus work permit I wouldn't even tell Immigration about that 'experience'.
And AFAIK you have to earn the bachelor's first and then count the years of experience.
How did you work full time during college for 2 years? Unless you had an off-campus work permit I wouldn't even tell Immigration about that 'experience'.
And AFAIK you have to earn the bachelor's first and then count the years of experience.
2010 pauly d with his hair down.
desi3933
07-07 06:18 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Incorrect. Current location has NOTHING to do with GC job location which for a future job that one need to start AFTER I-485/CP is approved. One can be doing job in NYC and have GC job for Chicago. Probably the best case is when LC mentions "anywhere in USA".
Is this true? I might be wrong about the information above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
The current job location should be same as stated in LCA for your current H1. If your LCA says Chicago and you are in Dallas then you are NOT in valid H1-B status and consider consulting an attorney for legal advice.
Out of Status > 180 days is one good enough ground to dny I-485 application. For more details on "out of status" scenarios, please refer to my old posts.
_________________
Not a legal advice
more...
geesee
07-20 09:18 AM
I searched for IV on orkut and got three communities back, one with 2 members and two empty.. which one are we joining?
Search for one word - ImmigrationVoice
Search for one word - ImmigrationVoice
hair The Situation and Pauly D
purplehazea
01-25 04:50 PM
wah wah wah wah!
more...
kirupa
06-13 01:25 PM
The number at the bottom of the poll is the number of individual voters. Since people can vote for multiple entries, you adding up the total number votes is just that - the total number of votes. It isn't the total number of people who voted.
I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)
I voted for about 10 entries, but that doesn't mean that 10 people voted, for example ;)
hot The Situation amp; DJ Pauly
BharatPremi
10-19 01:40 PM
LC Salary:- $85,000
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
LC Location:- New York
New Job Salary:- $74,000
New job Title and Job duties are same.
Is it advisable to invoke AC21 when new job salary is less than original LC salary but more than prevailing wage of new location.
As per Aytes memo there should not be substantial salary difference. Has anyone invoked AC21 when new job salary is less than LC salary.
I've consulted few immigration laywer and the opinion differs.
Experts.... Please help
My opinion not legal advise: One can join other employer after 180 days from the 485 Receipt date with same or high salary than prevailing wage,keeping job description and Job code similar to use AC21. If you feel you are following this then you will be fine otherwise doomed.
Only confusion remains is this: When you filed LC with current employer at that time prevailing wage was 85K so
your "LC Salary" is 85K. Now say after 5 years seeing the economic condition of the
overall job market if DOL has made prevailing wage say for an example "$74K" for the
same job code now then what? In this case should your AC21 be denied or accepted? If
some expert can guide us, we would highly appreciate for this scenario.
Notes:
1) Remuneration, bonus etc do not fit the definition of "wage". So I would negotiate 20K higher job with wage equal
to current wage and 20k bonus if I can.
2) Geographic location should not matter while changing the employer.
more...
house seeing pauly d with his hair
gkaplan
04-22 12:03 PM
thank you so much
I was thinking the same.
so do you think should i transfer to H1B and how does it happen.
thanks for sharing your opinions on my query.
I was thinking the same.
so do you think should i transfer to H1B and how does it happen.
thanks for sharing your opinions on my query.
tattoo pauly d with his hair down. Angelina and DJ Pauly D from
immigrationvoice1
10-02 01:28 PM
Hello Gurus,
If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?
Thanks in advance for your replies.
/
If I have an approved I-140, approved EAD, 180 days have passed since I filed my 485, and I have a "similar" job offer from another employer, can I take up the offer from the new employer by transfering my H1B (which will be in 7th year from Jan 2008) without affecting the AOS/GC process (in other words without having to use my EAD) for new employment ?
Thanks in advance for your replies.
/
more...
pictures hair DJ Pauly D sat down with pauly d with his hair down. seeing pauly d
ujjvalkoul
01-17 05:21 PM
huh!!! no responses...Am I the only one with this issue????
dresses Case in point: Pauly D.
katewill
08-24 01:20 PM
180K per BEC and 2 of them so 360K cases overall.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
hello days go by,
kinda new here.
is there a way to find out, out of 360K case overall, how many are EB1, EB2 or EB3? Or how many files in year 01, 02, and 03?
overheard most are EB2/3 cases and not many 245i cases.
more...
makeup Pauly D, who will be DJing at
Rb_newsletter
07-13 05:31 PM
I am in similar situation but in GC process. My ex-colleagues are afraid to write experience letter for me.
Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.
Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.
Some colleagues who are still working in the same company doesn't want the company to know about the letter. They are afraid that company would take action if USCIS contacts the company to verify the letter.
Some colleagues who are out of the company are concerned about USCIS process. Basically they don't want to involve in any queries/RFEs from USCIS.
girlfriend house news Pauly+d+hairstyle pauly d with his hair down. updj pauly d lets
bbenhill
01-12 01:03 PM
Its' very depressing state, I really feel bad about current state of affairs of economy...
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
Its' very depressing , So lets close this thread :(
But gcformeornot Don't give me read for that , Nothing against you , I am giving you green
Skd, it was nice of you .. I gave you green :)
hairstyles Later, a shirtless Pauly D
bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
mps
06-04 11:26 AM
I had used 6 months of previous bank statement (original) and had mentioned the same in the letter written to consulate officer.
Using that my parents did get 10 year multiple entry visa.
Using that my parents did get 10 year multiple entry visa.
malibuguy007
09-16 12:58 PM
I agree - the focus should be ONLY CALLS today.
Is it possible to add a poll to the thread to see how many people called just today?
Is it possible to add a poll to the thread to see how many people called just today?
No comments:
Post a Comment