anindya1234
06-01 02:35 PM
But it does increase the GC quota which will substantially hasten the process
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PHANI_TAVVALA
12-02 02:39 PM
And also, my wife is on H1B with 4 & 1/2 years remaining on hers with 1st extension. Is my converting to H4 going to help upon my h1b expiration in Sept 2009? can I convert to F-1 and possibly work on CPT if any university would allow me to do so? Thanks for your response.
srikanthmavurapu
08-16 02:51 PM
As @hebron suggested, complain to DOL. Prepare records for proving that you didn't get paid for significant amount of time to defend yourself.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
I have all proofs timesheets and bankstatements and email conversations. But, i am worried because he is threatening me saying he will go to court and sue me for working at the same client. Do i have chance to win the case if i fight back.
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vinzak
01-20 04:14 PM
I have observed that typically after becoming great, have a tendency to hide his/her EB3 roots. I mean, who'll hire you as a CEO or rocket scientist if they knew you used to be an EB3.
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
Obama's father was a Kenyan EB3, but Obama insists his father was an EB2. The labor certification that the white house has put out for Barack Obama is clearly a fake.
It's sad but true, America still judges you not by the content of your character but the color of your labor certification.
I propose that EB3s append "EB3" to their name (like Ganesh Teesravarg ME(Comp Sci.), EB3) so that they get more visibility, and ppl realize they live among us, and with some help can actually be productive members of society.
more...
siva007
04-02 05:25 PM
Thank you ingegarcia, Just to clarify "postmarked before April 15th" means, even if the application is not yet accepted, but received by the AINP before April 15th. Could you please confirm if my understanding is correct.
Thanks
Thanks
Dhundhun
07-12 09:18 PM
Our Current EAD is expiring on 10/01/2008. So we had applied for extension in june. On july 7th our application was approved and today we recieved our EAD cards. I was expecting a one year extension , which is until 10/01/2009. But USCIS send us ead cards that will expire on 01/01/2009.
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
This type of errors happened in past, "10" replaced by "01". USCIS will fix it and and send a new card. You need to contact USCIS (the mail must be having information, where to contact in case of any error in EAD card).
What should be the course of action here. Do i need to reapply or just contact USCIS and will they be able to fix it? Any body on similiar situation.?
Service center is nebraska
This type of errors happened in past, "10" replaced by "01". USCIS will fix it and and send a new card. You need to contact USCIS (the mail must be having information, where to contact in case of any error in EAD card).
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gc_chahiye
10-31 03:22 AM
WTF are you talking about, man??? It was said hundreds times: once one use EAD, h(is|er) H(1|4) is GONE!!! Per my lawyer, if you filed H1 extension before expiration, you are ok, in this case ext. filing date make sense.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
H1 status does end when you use the EAD, but that does not mean that you can never ever go back to H1. By getting a new petition, or your extension approved, and possibly having to re-enter the US, you can reactivate the H1 anytime. Its not all a one-way street.
See http://www.murthy.com/chatlogs/chat0106_P.html
Chat User : While in AOS, after using EAD and 6 years of H1B is expired, can the person change from EAD to H1B (1 year extension) if person's EAD extension is taking time?
Attorney Murthy : Although there is no specific mention in the INS law or regulations on this specific issue, the INS has alluded that a person should be able to file an H1B 1-year extension, even from outside the U.S. or within the U.S. Worst case scenario is that the person may have to travel abroad and reenter on the H1B status by applying for the H1B visa abroad, but we believe even that should not be necessary as long as the person always maintained valid legal status until filing the AOS and thereafter.
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fuzzy logic
07-01 12:46 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
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anilsal
01-08 05:15 PM
the latest passport information once you got it..
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needhelp!
08-31 12:50 AM
You guys are the experts.. I am a newbie. Good I asked, I would have never known!!
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
Am I missing something here. Isn't it via country of birth and not country of citizenship. There might be better ways to get around the system. EB2 Indians should marry EB3 ROW folk and apply cross-chargeability! I have yet to think of a way out for EB3 India!
more...
uumapathi
09-30 10:48 AM
r u from NBKRIST?
What is NBKRIST?
What is NBKRIST?
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ruchigup
08-22 10:31 PM
Thanks for all the inputs....
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saibaba
07-16 06:03 PM
wats goin on folks....I just got this news from my buddy,started surfing IV and found this thread....
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gcsucks
06-01 02:28 PM
But I dont think this allows for filing for 485 without visa numbers for people with no Masters/PHD from US ?I am not sure but the SKIL bill may be one such initiative. Check out
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
http://www.nafsa.org/_/File/_/skilintroducedmay22006.pdf
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Lasantha
07-30 07:33 AM
Are you sure man? Have you seen the recent threads on EB3-I Vs EB2-I and also the ones on EB-I Vs EB-ROW some time back? :cool:
Secondly there are no "individual constituents" when it comes to Immigration Voice.
Secondly there are no "individual constituents" when it comes to Immigration Voice.
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fundo14
10-15 03:30 PM
Verify your G-325 application form properly especially the employment history you provided. My wife also got the similar RFE early this year due to technical error that we made in G325 form. (My wife applied for H1 but she did not worked through that company mean while she got her EAD then started working for another company, Which voided H1-B, In G-325 we mentioned that she was working from July 2007 but her H1 is valid from October so Officer might have thought that she worked illegally for 3 months) .
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
We provided w2's, pay stubs and amended G325 etc to prove that she did not worked on her H1 or illegally.
Hope this helps you.
Thanks mailmy_gc.
We verified the submitted G325, all the info related to my work in US is up to date, only thing i can think of is that i missed filling the portion where it asks about details on Last employment abroad. I have filled that part as well now.
As per my attorney, it could also be that they might have misplaced my G325, hence asking for all this info.
what was the outcome of your response? everything went well after that, they accepted the response?
Thanks!
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bestin
10-09 01:19 PM
Please be careful giving such advises. The person in question was out-of-status because he never worked for company A, so it is not certain if he is in valid status at this point. I would not generalize saying he could file without any hassles. He should speak to a qualified attorney before doing that.Labour is approved.I140 is something more related to the employer.He is in status currently.As long as he applies everything soon (by chance he goes out of status.I mean his H1B transfer) he is safe as he can goto AOS.
Isn't
Isn't
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razis123
06-16 04:42 PM
nope..neither for LC or 140...
Raziz,
Did you get any queries ever? I mean RFEs?
Raziz,
Did you get any queries ever? I mean RFEs?
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bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
tsarun11
07-12 05:33 PM
I have the same question. I have my labor approved (pre-approved labor) and I-140 approved. My PD is Nov-04. I don't have a copy of my approved I-140 and my company does not give it to me.
If I wish to change companies, how do I proceed - Is there a circumvent process?
If I wish to change companies, how do I proceed - Is there a circumvent process?
bskrishna
03-24 12:58 PM
Mark,
Hats offs on your responses in the radio show.......
Hats offs on your responses in the radio show.......
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