Saturday, June 11, 2011

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  • gc_chahiye
    11-27 01:47 PM
    Rajen,
    Thanks for your advice. He does not want to come to US for job as he left US for good.the consulting firm told him that they have applied for his substitution and brought him back here. So I am a little concerned to know if there is any other way of Labor substitution.
    Consulting company lawyer says they filed it prior to July 15.
    Thank you

    If they filed it before July 15th, then yes its possible that they are telling the truth, as its only been banned from that date onwards. Expect a lot of scrutiny of the case (it got banned because of lots of fraud related to it).

    Typically LC is substituted at I-140 stage by requesting the USCIS, however substitution can also be done at LC stage by requesting DOL.

    Whats the status of the LC now? Why has the I-140 not been filed?





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  • Munna Bhai
    01-09 03:42 PM
    Hello,

    Please share your RFEs!! What was the reason and how you handled it. That will be great input.

    -M





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  • cr52401
    03-21 08:57 AM
    I am in same situation and try to file next month. Can you tell me how long it took for you to get the second approval?

    I also sent you a PM as well.

    Thank you.



    You can only file a second LC for the same employee at the same company, if the new position is "substantially different" from the old position. [ I am happy to report, that I just received my PERM approval for doing exactly this :) ]

    If your LC was filed via PERM and approved, you do not need to refile just because you lost the receipt. If you're filing an H1-B renewal, a screen shot / printout of the PERM app, showing the case #, is sufficient. If you're filing an I-140, there's a check box on the I-140 to indicate that USCIS should request a PERM approval receipt directly from DoL.

    - gs





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  • monicasgupta
    11-16 11:17 AM
    I talked to Murthy about the same code but they replied that it is ok if the codes are different but the job duties matter which determine the code.

    "In practice, the INS has agreed that the AC21 law does not limit it to an identical DOT or O*Net code and has approved many cases throughout the local INS offices and the INS Service Centers in which the new position does not match the earlier job with respect to DOT Code or O*Net classification."

    Read this at http://murthy.com/news/UDac21qa.html

    monica



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  • desibechara
    06-20 01:03 AM
    but what is notice of forward...in labor certification..the phone number is
    written on the labor document..

    PD 2001 Oct
    TR..was about to convert it to RIR,,,but they started the process already..




    DB





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  • GCBy3000
    09-15 05:03 PM
    My argument is it better to take a side on immigration issue or not. Maintaining status quo is better than including some releif for legal immigrants. I bet people in US like legal immigrants to legal immigrants, but how many people is ?. Will this favor any politicians to garner some votes or will it back fire? No one knows and that is why I said at this time of election period, it is better for them to maintain status quo than favoring legal immigrants.

    If they pass something for legal immigrants for sure they are going to lose some votes who are favoring illegal immigrants which is bigger number than people favoring legals. So I dont think they will take a risk at this time to favor legal immigrants in any bills if at all there is one before the election.

    I am not sure if this is entirely true. Yes we can't vote but folks who are pro-immigrant can and they will decide if legal immigration is good for this country or not. Trust me, if everyone was against legal immigration in this country then none of us would be here in the first place. Everyone knows that there is a shortage of labor and migrants are needed to fill the jobs. ............
    .



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  • greenhorn
    12-09 01:55 PM
    When does the H-1 B fiscal year start? Is it April? So for example, people apply in April 2007 for the 2007 fiscal year and start working from April 2007?

    In this case of transfer from non profit to for profit, is the priority date portable after I-140 approval?

    This is a different question. Is the government job also regarded as cap exempt non profit?

    Thank you very much for your help! Our immigration gods bless you!

    Best,


    I am surprised some one in an earlier post said they switched from a non-profit to a for-profit, without being counted against the cap.

    I work for an NPO too and here is what i know:

    If u have always worked for a non-profit on ur H1, transferring from a non-profit to a for-profit does require that u are subject to the H1B quota. So u will need to make sure the h1B quota is available before u switch. And that can be tricky.. because though, the quota opens in Apr, from what i understand, u would have to wait until October of that year to start working. You would have to find an employer who would be willing to file for an H1 for u by Apr/May before the H1 quota fills up, and wait until October for u to start work.

    Only institutions of higher education, non-profit entities affiliated to such institutions or non-profit research / governmental research organizations that fall under certain sections of USC,under the Higher Education Act of 1965 qualify for the H1B cap exemption. You would have to check with ur prospective employer to find out if they qualify if u want to switch to another non-profit.

    As for the priority date after 1-140 approval, i don't see any reason why it would not be portable.. but u would have to check on that.





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  • gcpain
    03-29 08:22 AM
    I agree although absolute aim is getting GC , But It is too vague to put as a clearly defined objective.

    Whereas asking for "current Priority Date for every category above EB3" clearly defines our goal.I think categories below EB3 is beyond the scope of this forum.
    It is more complicated/different and there are forums which knows the issues clearly and are adressing them

    We need to work towards all category of Employment Immigration like EB1, EB2 and EB3. Apart from other priorities including getting GC as early as possible, our top priority is applying I485,AP & EAD for all categories when they are not current.

    DPSG: Again do not post any messages like for only EB2 or EB1. It has to be all EB categories.



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  • sathyaraj
    11-15 04:25 PM
    This may seem as easy as it sounds, but could you get into trouble. Along with EVL USCIS also asks for pay stubs and W2s for RFE. This is to asses your intentions of continuing the job as mentioned in ur labour. Eventhough GC is for future employer. if USCIS finds out that you are not working in a job which matches the job description, it could create problems.

    Use EAD to join the company but during I-485 process if they ask for EVL keep a back up company which can give EVL with Labor job description. Hope this helps.





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  • aarzoo
    02-02 06:33 PM
    @clockwork: Can you suggest some good lawyer(s).



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  • TeddyKoochu
    06-25 02:21 PM
    Hi Gurus / Attorneys,

    I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.

    Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
    Client was reluctant to give the letter and my H1B got denied.

    Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:

    My Options :

    1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.

    2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)

    I own a home here and now leaving everything in a week is making me worried.

    Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.

    Thanks in advance for all your help and suggestions !!

    I think your best bet is to expedite all documents suggested by Pbuckeye, If its a direct client then your employer must have all of MSA/SOW/PO, they should have been sent at the first place or atleast at RFE time. Also if possible try to capture some of your timesheets and work emails; I know some people have used this as evidence. You may also provide the contact details of your manager like phone / email, I have seen instances that when the letter has not been provided USCIS has contacted the manager and all they have to confirm is that you work with them and how long tentatively in the future (This can be counterproductive as well if the response is cold). Iam not sure but if your H1B extension is denied and you have filed a MTR whether you can work legally assuming I94 expired, please check this with your attorney.

    With your PD you are atleast 3-4 years from filing 485, worst case if you have to go back you can convert to CP assuming the future job offer from the petitioning company is valid. It’s a very sad situation I hope that your MTR gets approved, all the best.





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  • delhikadesi
    01-27 10:44 PM
    Hello,

    I am from chandler.....
    but truly in current economy I am not sure if GC in on priority of anyone's list !!.

    I am open for a meet and greet to get the ball rolling for our future plans!!



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  • vivache
    09-19 01:46 AM
    "They are a privately owned LLC ( trust) and if I open a trading account with them, then I am accepted as a 'member' of the trading firm and at the end of the fiscal year, they would provide me a K1 tax form which would reflet my share of profits from my stock trades."

    What does being a member mean?
    does it mean that you are their employee? Which you cannot be .. since you are on h1 and they haven't filed one for you.

    Are you a shareholder? If yes .. on a h1 you have the right to be a shareholder in any company .. (eg .. if you own Oracle stock .. you are a share holder there.)

    "Can a person who is on H1B visa engage in an internet business (and receive income from it) from home ? I do know a couple of people who used to do that."
    Yes .. the rule is this .. you can own any business .. internet or otherwise .. and can draw an income or profit. But .. you cannot work for that organization as say the CEO or Director Marketing. The reason being .. on a h1 visa .. you can only work for your employer. So essentially you can be an employer .. hire people .. etc ..even process h1's .. but cannot work : ).





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  • r_mistry
    01-18 02:41 PM
    Thanks for responding !!!



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  • james_bond_007
    03-13 12:01 AM
    Congratulations !!

    Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..





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  • green_card_curious
    03-08 10:17 AM
    This is EXACTLY the confusion. My case is explained below:

    1. I am on H1-B - havent used my EAD yet
    2. My wife has and is currently using her EAD though
    3. We filed I-140 (NIW) and I-485, concurrently for both of us in July 2007.

    So what happens to our I-485's and her EAD? My attorney says she should be alright (legally and work eligibility wise) till we appeal and get the final decision. But we are hearing different things at these forums. So really not sure...

    Ideas? Suggestions? Examples?

    Thanks,



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  • kumar07
    09-12 12:05 PM
    Hi Friends,

    Here is my Situation;

    me and my wife,both residents of singapore, have h1b approved this year through the same consultancy firm and the company has already received the approval notice. We are planning to appear for visa interview sometime end of this month with Singapore Embassy and the company is going to send all the documents by next week.

    Since we both are going for visa interview, I have few concerns regarding our cases:

    1 We both are planning to go for visa interview on the same day. So, who should go first so that it would not interfere others interview? Or does it really make any difference?

    2 Will visa officer ask any of us that since you are married why you haven't bring your spouse together? Can we say that the other also has h1b interview on the same day?

    3 I am not sure whether my wife would face any questions regarding that she is married and does she have any spouse issues or what if mine H1b is not going to approved? would she still be interested to pursue her h1b or like that?

    4 My h1b was denied last year because of company project document issue with same singapore embassy. So I am not sure does it going to make any impact this time or not? Any help appreciated.


    I would appreciate if anyone could help me to find any of the answers.

    Thanks.





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  • alterego
    08-06 01:10 PM
    Congratulations.

    Enjoy your new status.

    Hope you will stay atleast partly involved. You have been tremendously energetic in you activities. We are all happy for you.





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  • tnite
    08-13 09:26 AM
    Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.

    WHEN: Saturday AUGUST 11th

    LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)

    TIME: 1:30 pm

    IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)

    The meet up was great and there were 4 new members who showed up.
    You can check the pics @ http://ph.groups.yahoo.com/group/immigrationvoiceny/photos





    AB1275
    12-12 01:04 PM
    What was the REF about?

    As a backup you can file new EB3 PERM

    I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.





    vinabath
    07-31 12:54 PM
    When you say careful, what do you think needs to be avoided? What are the dos and dont's of a primary applicant who wants to use their EAD?


    Dont use.
    1. If your 140 is pending.
    2. If you are still single. You cannot bring the spouse on H-4.
    3. If you think that it may take 3 years to get your GC.

    Use. This is a tough one. I do not suggest using it.
    1. You got a nice solid employer who does not care what you do after 40 hours. Want to make some extra money.



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