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loudobbs
08-28 05:54 PM
My occupation code on the labor notice is 189167030 which is for 'program manager' but the description on the labor notice is Consultant which is for a different code 189167010.
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
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sircaustic
05-13 09:49 PM
If you have a receipt as proof that an extension application was filed on your behalf before expiration of your H1 then you have 240 days starting from the day your visa expires before you should get an extension. You will be out of status if your case is not resolved in the 240 days deadline. I cannot comment on the implications of missing out on a deadline for responding to the RFE.
uma001
04-19 09:14 AM
Try Microsoft, oracle, Cisco, Sun,Intel,Hp
You will get shocked by seeing how many H1 s they filed all these years. They are more than h1s filed by WIPRO, TCS,INFOSYS etc.,
You will get shocked by seeing how many H1 s they filed all these years. They are more than h1s filed by WIPRO, TCS,INFOSYS etc.,
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vinabath
07-23 03:23 PM
No. No. No. No. Your spouse can do anything with that EAD. Your spouse can do multiple jobs but once your spouse starts using EAD spouse's H-1 gets void.Me and my spouse both work on H1B and I am applying for I-485 along with EAD/AP for both me and my spouse. My question is since my spouse is already in H1B with certain job title which was mentioned in one of the documents that was filled with i-485, when spouse uses EAD does she need to be looking for similiar jobs only?. Please clarify. Thanks in advance.
more...
uma001
12-05 08:31 PM
I got laid off recently.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.
Now got job with 2 companies. 1 small and 1 big. 3 questions:
(1) Should I select based on my salary? Big company offers more salary.
(2) I have to now start Greencard again. So should I choose big company or small ? Both said they will consider sponsoring if performance is good.
(3) If I transfer H1B Is Big company likely to get RFE or small?
Go with consulting company.They will cooperate for your green card filing in EB-2. Any full time job never gaurantee green card.
ss_col
04-18 11:14 AM
Hi everyone,
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
I got my labor approved under perm on Sept 11th however I have not filed for I140 as yet. This is because of employer making n reasons to file the same. Anyways, if the 45 day rule comes into play - does my labor get cancelled as it has been more than 45 days since it has been approved or does the 45 day period start after April 26th. How many of you think this rule will come out. I hope it does. That way employers will have no choice but to file I 140. A lot of employers now adays are stalling filing the same since they fear the employee will move. Am I the only one facing the same problem or are there others as well?
Thanks and regards
more...
furiouspride
08-01 03:31 AM
You will have to staple the old passport to the newer one and carry both of them at all times. The visas on the previous passport will not be transferred over to the new passport.
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vikramy
12-22 01:20 PM
I did same 4 years ago. You can travel while your H1B transfer is pending.
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
more...
Blog Feeds
05-25 08:30 AM
Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
Both types of visas were discussed in a recent Dallas Morning News (http://www.dallasnews.com/sharedcontent/dws/dn/latestnews/stories/052010dnmetuvisa.8c47617.html) article. Here are excerpts from the article, beginning with a discussion of the U visa:
The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.
Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.
The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?
The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.
T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.
In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.
More... (http://feedproxy.google.com/~r/Immigration-law-answers-blog/~3/9QAoUnEU-G4/)
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cheg
10-11 04:16 PM
A lot of people have filed on July 2 and still haven't received their FP notice while my husband and I filed July 6 and we're scheduled for FP tomorrow. My brother who filed on July 26 also received his FP notice last Friday. USCIS is really unpredictable nowadays so who knows how long it takes to generate FP notices. Hopefully you'll get yours soon too. :o
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
How much time does it take on an average to generate a FP notice from the receipt notice date and when does the actual FP take place?
more...
kirupa
04-04 09:05 PM
Just to give everyone another update, I am going through the judges' picks right now. I am hoping to have the poll up by Monday.
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AB1275
09-25 04:42 PM
Yes both are my posts.....
My concern is what kind of an RFE is this? Is it serious?
My concern is what kind of an RFE is this? Is it serious?
more...
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crazyghoda
08-17 06:06 PM
.... for 4 years. It was expiring in Dec 2009 and they renewed it till Dec 2013. No questions asked about immigration status at all. I did have to show a utility bill to show my new address and that was it. Paid $10 and got my license.
Chicago rocks!
Chicago rocks!
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wandmaker
10-01 12:18 PM
I'm currently working for Company A on H1B Visa. My GC is sponsored through Company B as a future employee. I never worked for Company B which has sponsored for my GC. I have applied for I485 and I140 has been approved for more than 6 months.
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
Company A is going through lay offs and wont be able to apply for my GC. My 6 yr limit on H1B from Company A will expire next year.
Can i apply for H1B extension through Company A based on my I-140 from Company B.
Yes, it is legal, allowed, and possible
no. Comp A cannot apply for H1 extension as the PERM labor is not held by them. What you can do is get an EAD and continue to work for Company A, but then Company A will have to take over the process using AC21
Incorrect
more...
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masti_Gai
10-27 08:01 AM
What is the relation between your H1 petition approval and ur hubbyz pay stub i just don't understand. If the query was regarding ur salary which the prospective company is gonna give it would have made sense. But why would ur hubby's salary matter to them for approvin ur H1 is still don't understand.:(
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minimalist
05-23 09:21 PM
My wife was on H4. Her VISA and I94 are expired. I'm still on H1 (valid). Our 485 applications are pending. We have valid EAD cards but not using them. Can I apply for my wife's SSN using the EAD Card + I485 Receipt? Or does she need to have valid I-94 along with the EAD to apply for SSN? Does she need SSN to work on EAD?
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.
You should be able to apply for SSN with EAD. Please read the SSN filing instructions and come back if you have any specific questions.
more...
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skark
08-22 11:54 AM
Does anyone know if the PIO card needs to be renewed or a new PIO card has to be obtained when US passport is renewed?
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hotshots
03-17 12:20 PM
My 6 years of H1B expires next month (April 2009). My PERM labor was applied in Feb 2008 and got approved last week. My question is, can I apply for 7th year H1B extension based on the approved PERM (since it was filed more than 365 days ago)? Attorney says there is not enough time to file I-140 and get it approved (even with Premium processing) before my H1 runs out next month.
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
From my research online there are two options to extend H1 beyond 6 years:
- PERM pending for more than 365 days, or
- I140 approved
What about the scenario where PERM is filed more than 365 days ago and approved, but no I-140 yet?
Gurus I'd really appreciate your inputs here!!
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LostInGCProcess
07-20 01:30 PM
Thanks, Chandu.
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
Did you move to a different place or changed within the city where you currently live? I was reading an article yesterday and it said, if we move outside the area where we are currently located, it could trigger an RFE. I dont know how far its true.
Thanks!!
indianindian2006
06-24 09:17 PM
i dont think it matters.
Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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