dilbert_cal
03-25 02:00 AM
We should try for
1. Either to remove country quota
or
2. Re-instate soft quota.
The above is a long term and final solution.
Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?
1. Either to remove country quota
or
2. Re-instate soft quota.
The above is a long term and final solution.
Other solutions - allowing to file 485, h1 extension for 3 more years will ease our life while we wait for the green card but the first two would make the wait shorter - do we want to "comfortably" wait longer or get to the end point faster ?
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drirshad
09-27 08:23 PM
And the oldies r gonna retire creating more jobs what will they do then, i m sure somethin goin on to make us suffer especially ..........
dorairajsuresh
04-16 03:09 PM
i am in similar situation for my wife too ... she entered in h4 but is working on EAD now. So, could someone plz let me know wat is her current immigration status ? cos, i don't see a status "EAD" on the dropdown when I try to eFile.
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Tommy_S
04-11 01:36 AM
They're nice. The bootom stamps look agressive, because of the color (too bright/hot). That's it.
more...
lyiu18
02-22 07:04 PM
I have similar question about EB2 and experience with current employer
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
I came from China, so EB3 are really bad comparing with EB2
As I know I could not use experience at my current employer (Company A) to fill EB2, can I find a consulting company (Company B) who willing to sponsor my EB2, while still work for Company A (through Company B)?
Will that be some problem, or is it legal?
anzerraja
07-20 03:17 AM
Lately the members of IV have come to know that Aman Kapoor, the co-founder of IV has sold his house and spent around $64000/- towards the administrative costs of IV. This too was brought to our attention from a regular member like you and me, without which this would not have come to our knowledge at all.
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
So some of the members have taken an initiative to reimburse Aman and other core IV team members with the expenses they have incurred so far towards the administrative costs of IV. Note that the time they have spent and the sufferings cannot be compensated. Let us do the least by atleast compensating the money. Please do not donate directly to IV funds.
There is a funding drive in this other thread towards reimbursing the administrative costs of IV.
http://immigrationvoice.org/forum/showthread.php?t=10708
Could you please pledge an amount ?
more...
rique71
05-17 02:43 PM
i have a friend from mexico that got here cause she married a us citizen, well long story short her green card expires on the 21st of august she has an appointment on that day for what i think is to get her permanent residency. well her problem is that she just caught her husband cheating on her and doesnt want to be with him anymore. but she thinks if she leaves him , she will destroy her chances of getting her permanent residency. how does that work? is she forced to stay with him even though he mistreats her and cheats on her to be able to get her residency? any responses would be appreciated . thanks in advance.
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karthkc
03-18 01:37 PM
If I work on EAD for company XYZ then will I loose my H1B with company ABC?
Yes. Your H1B will be invalidated if you start work on EAD....
Yes. Your H1B will be invalidated if you start work on EAD....
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pappu
05-27 02:52 PM
sorry about that, i was planning to file in 2007, but didn't complete the process, and forgot to update my profile. it is updated now. thanks for pointing it out.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
Thanks. I will try to answer here. The attorneys on forum maybe able to help you further and give a more reliable answer as they know the law.
From what I know NIW means you are asking for a Labor process waiver. Thus you can apply I140 directly without labor certification. However after the PERM process introduction getting Labor certificate is not that time consuming as it was earlier. ( I know these days it has become more time consuming ) Nevertheless you can still save your labor process time by applying for NIW. Note that collecting the proof and preparing the application can also be time consuming. In order to file an NIW petition, the you must be able to demonstrate that you are seeking work in an area of substantial intrinsic merit to the US, that the benefit from your proposed activity will be national in scope, and that such national interest would be adversely affected if a Labor Certification were required for your application.
Note that there is a difference in exceptional ability and extraordinary ability that is a requirement for EB1. Exceptional ability means your degree, skills and achievements are above than what is normally found in your peers. Extraordinary has a far higher standards that you need to meet. You can file as an advanced degree holder but if you are requesting waiver of Labor certification you need to prove the 3 criteria stated above. They can be proved by your various publications, awards, letters from experts, patents etc.
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ChangingJobs
06-30 09:22 PM
Changingjobs:
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
You can begin working for company B on your H as soon as company B files an H petition for you, since the H1B is portable. You can also begin working on your EAD for company B, although that will result in you no longer being in H1B status.
Any employment with company B is a violation of your H1B with company A. If the petition from company B is denied, you will no longer be in H1B status.
You could then go back to work for company A on the EAD. If you wanted to work for company A on the H1B you would have to leave the US and reenter on an H1B visa.
I am assuming your EAD is from an I-140/I-485 filed by employer A. You will want to make sure that your I-140 is portable under AC21, otherwise company A could pull your I-140 causing your I-485 and EAD to be denied.
Thanks a lot for the clear answer. This is very useful.
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dan19
09-06 01:20 PM
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
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cinqsit
09-16 12:37 PM
i read somewhere on the forums that fbi name check and fingerprinting checks are two different checks carried out separately.
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
fbi name check
http://www.fbi.gov/hq/nationalnamecheck.htm
fbi finger printing
http://www.fbi.gov/hq/cjisd/fprequest.htm
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kshitijnt
04-25 09:33 PM
New OPT rule says that you should not be unemployed for more than 90 days on OPT. Since you are on OPT, you are not out of status. You need to find a new job ASAP.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
If your H1 was approved, do you have the receipt number? Since its already counted against the cap, and if your employer does not cancel it, then you can technically transfer it to another employer. Talk to your employer about this.
You will need approved petition or receipt number to transfer H1.
As such you do not need H1 due to new rule on OPT, however; you need to check if the H1 was applied for change of status? If it is a change of status application, you need to probably inform USCIS that you will not be changing status to H1.
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smsthss
11-15 01:18 PM
In other words, Does it matter whether I-485 is filed or not filed for a 3 year h1b extension based on approved I-140.
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gregspirited
03-24 11:42 AM
I have a quick question related to my approved I-140 and my spouse's visa status. My wife got into a medical residency and the hospital that she plans to join will sponsor only J1 visa for her. I was wondering if the J1 visa for her will be affected by the fact that my I-140 is approved. My law firm says that they had to include my spouse's name in I-140 application as a requirement.
My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?
My concern is since I-140 is a petition to immigrate to US what are the risks involved with my wife's J1 visa. Can she go to India to get her J1 visa stamping? Will the approved I-140 negatively affect her chances of entering back US at the port of entry?
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xbohdpukc
03-11 09:58 AM
But the point is - Has he/she said it can not be done at I-485?:confused:
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
To my best knowledge the PD is set at the I-140 stage. As a matter of fact, there's a field in the administrative part of that form where the PD is stated. Short of saying that it wouldn't be possible to claim an earlier PD at the I-485 stage I would assume that your lawyer should jump much more loops to get you an earlier PD then.
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cooldudesfo
12-16 07:05 PM
Thanks a lot for the information.
While coming back is fine as I will be either using AP or will get VISA stamped on my passport.
Thanks again.
While coming back is fine as I will be either using AP or will get VISA stamped on my passport.
Thanks again.
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heathere3
11-12 09:48 AM
I went online to change address.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.
It didn't ask for pending case#'s anywhere.
I tried calling customerservice but I get this message that CSR work only between 8-6 Mon-Fri and is asking me to call back later though I called at 10am.
Today is a holiday for them then for Veteran's Day. I'm not surprised they're closed.
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kanyewest
04-22 11:39 AM
You raise a number of issues for which there are no clear or certain answers. My advice would be to request the extension of H-1 status without submitting pay stubs, and in the event of an RFE, respond with evidence of your complaint about your previous employer. If your new employer needs you to start work within three weeks, premium processing would be required, and even then, if there is an RFE, the timing will be tight.
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
I thank you for your time in understanding this complex scenario.
The new employer is a large company with strong financials in this market, so we expect the H-1 to be approved and we expect denial of extension of stay. If both are approved, the attorney who takes up this case will get a bonus from me.
If the H-1 porting to new employer is approved, but the extension of stay is denied, can I use the unexpired H-1 visa in my passport at the POE to enter the country and obtain a new I-94 based on the new H-1 approval notice? Is this permissible under immigration law?
bikram_das_in
04-13 02:44 PM
Congrats bro. Please keep contributing to IV.
mundada
07-17 12:50 PM
Another case pointing that in the USA only lawsuits work to achieve short term results while lobby works to achieve long term solutions.
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