tomatocup
07-12 04:55 PM
It is partly true. You get stuck in name check , somebody get stuck at I-140, All in all this whole system is purposefully created to keep doors locked "legallly". The first and foremost question should be how the hell government has decided 140000 visas not 40000 and not 240000 but only 140000 and why the hell discrimination against people from only 4 countries?
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
Infact employment based immigration is for sufficing the need of the market then let market decides what immigration numbers should be set as ceiling... If US economy need 7 milion in year 2007, ceiling should be 7 million and next year US market may need only 7000 then for that year ceiling should be 7000. I believe if they may freshen up the whole EB GC mess with starting restructuring based on this concept then only in future we can expect flawless legal immigration...
Who and what will be used to decide the market need? If this is like what you said, what will happen to those 7 million in the next year where market need is only 7000? Does this mean many of them will be laid off or sent back? Does USCIS hire more people during the 7 million year and lay them off in the next year? How can a system be flawless with all these uncontroble things? People have to wait in many ways to get things done in most of the country with large population. Logiclife is right that life is not fare if you want to compare.
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Sath thesmilingstar
02-24 11:27 AM
My son got his FAFSA approved last year. I am on H1 and he is on H4. Your daughter either way on H4 or EAD qualifies for FAFSA. If you have questions, you can call FAFSA directly and they are very helpful.
Good Luck..
RV
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
Good Luck..
RV
Hi,your post gives me small hope but can you please tell whether i am eligible or not.?
I am on a H-4 visa and my mother is the H-1 holder.we recently applied for i-140 and got the recipt for it.can i apply for FAFSA..?
GCVictim
10-14 04:57 PM
It is not necessary approve before you leave this country. You can leave before they make decision. But you can not return USA using expired AP.
http://immigrationvoice.org/forum/showthread.php?t=21855
You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.
Other option you have H1B stamping if you are maintaining H1B. thanks
http://immigrationvoice.org/forum/showthread.php?t=21855
You can not return into USA using expired AP. In order to use new AP which you have already applied. It should be approved before you leave USA.
Other option you have H1B stamping if you are maintaining H1B. thanks
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somex
05-19 12:13 PM
I think reapplying in two days is not a good idea. what makes you think that the consular officers would change their mind in two days? Now a days consulate wary on issuing visas. You need to have good justification (Documentation) before applying second time.
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
Hello,
My H -1B visa is been approved from August 2008 to September 2011 which equals to 3 year.
I have worked in US from October 2008 to January 2009.
Later i got layoff and my Agent\Consultant said that my Visa was cancelled according to U.S. Immigration regulations and termination of employment procedures.
Thereafter i came to India and started work job here. My company had applied for Business Visa but Today my Business Visa got rejected and they gave me the reason that you dont justify that you will come back. What if you stay back there.?
I am thinking to reapply again in next 2 day.
Can anyone help me what should i do in this case?
Thanks,
Harish Gowda
more...
ebizash
07-24 05:06 PM
Sanjay:
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
Most likely you will not have to do anything further and your application will be approved when the Visa Bulletin reaches your priority date. However it will depend on how long it is before that date is reached. you may have to be fingerprinted again, as the fingerprint checks are only valid for 18 months. Also, if the wait is long enough, USCIS may want you to go for another interview to make sure you are still eligible.
I heard contrary to what you mentioned about the fingerprints being valid only for 18 months. I think someone had posted a document from USCIS site that said that they have digitized FPs and can reuse them without having to do fingerprinting every 18 months. I will try to search for that document and will post if I find it
pappu
08-15 11:24 AM
See this and if it helps you courtesy Murthy.com (http://murthy.com/news/n_tscnsc.html)
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?
* We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.
Second I-140 Allowed without Revocation of Earlier I-140 Petition
The TSC confirmed that, in some cases it is possible for the employer to file two or more I-140 petitions for the same beneficiary, based on a single labor certification, in multiple EB categories. If the job requirements are proper for EB2, the case could be filed in either category. Thus, multiple I-140s could be filed in some cases. If the first was filed in EB3, there would be no need to withdraw it in order to file in EB2. The TSC recommended submitting copies of the approved I-140 with the later-filed I-140 petition.
This could be quite helpful in situations where the I-140 petition is incorrectly filed in the wrong, lower category. We do hear about such instances from time to time. It seems that if the I-140 was filed in EB3, but the case would meet EB2, the TSC would permit the re-filing of the I-140 petition without revocation of the earlier EB3 filing.
08/15/2006: Multiple I-140 Petitions: Uniform Policy in Negative Fashion?
* We reported on August 3, 2006 USCIS lack of uniform policy on multiple petitions on a single EB-2 labor certification application. It appears that the disease has spread to the TSC adopting a similar negative policy of denying EB-3 petition when EB-2 and EB-3 petitions are filed concurrently using single certified EB-2 labor certification application on the ground that "original" of the certified application was not available for the EB-3 I-140 petition since the original had to accompany the EB-2 I-140 petition. Obviously this is a deviation from the traditional INS/USCIS policy in a negative way and we hope that the USCIS leaders are not turning around from the liberal policies under Yates-Divine era to the narrow-restrictive policies.
more...
mambarg
08-01 01:03 PM
Here is my prediction.
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
With July Fiasco INS has learnt their lessons.
They have potential to process and approve 40K cases in one month.
Once all receipting is done by Sept 17th for all late Aug 17th filers, they will immediately start processing all oct 08 current cases.
I think they might even issue again 40K cases in october ?
Why not ?
So it is important to quickly do the FP and after FP within 3 weeks the name check gets cleared.
So anyone who does FP in Sept and who is current in oct , be ready to get your GC soon.
I would say dont be surprised if it takes just one month to approve ?????
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veni001
02-03 07:32 PM
Hey there, I have a three year bachelor's (from Australia) and an American CPA. I believe the two can be evaluated to an Ameircan Master's equivalent. Please, check with your lawyers. It should be possible.
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
CPA is certification not a degree so i don't think it can be evaluated towards a degree equivalence:confused:
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Seb Hughes
06-07 04:01 PM
Voting ends on the 13
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mundram
04-20 02:09 PM
Luckily it was Dalls Airport (DFW) for me...but in my opinion you will have to go to the (international) airport!!
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Lill
03-02 03:59 AM
oi :D im gonna join too if i can.. when are the last day for submission? (or what its called in english XD hehe)
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hopeful08
02-26 12:16 PM
If you go out of US and while you are out, if your GC is approved, then you can reenter US with that GC only if you have an AP. If you re-enter US with your H4, then USCIS assumes that you are abandoning your GC...This is what my attorney told me. So, it's better to talk to your attorney before going out of US.
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
yes that's right, what if my sister recieved my GC by mail here in the US while I'm outside the country.. I am planning to use my h4 visa to go out of US..
more...
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HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
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st4rguitar
04-14 08:38 PM
My LC is still in process after auditing (EB2). My employer wants to 'drastically' cut back my salary due the national depression, which is particularly affecting the field my company is operating in (sub-primes). If he does that, and I accept it, is LC in jeopardy? We filed back in September 2007 with a certain salary and now it will be lower. Do we have to communicate the change to the DOL? And if yes, what will happen? Do we have to re-file? Thank you to everybody for all the info you can give me! Really!:(
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
No matter what, your employer must maintain the salary that was given to the government when your H-1 was filed. You can't go below that salary. With regards to the LC salary, the company is only required to meet that salary after your I-485 has been approved; so if you aren't meeting the LC salary now, that's fine. Make sure that your salary on your H-1 is still met, though.
more...
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hopefulgc
08-13 08:39 PM
as i said
maybe he has been hired by some south african don to predict cricket stats for betting
or maybe some italian mob has him by the nuts to pick lotto numbers.
:D:D:D:D:D
and he is now going to get south african GC for his "outstanding ability"
:D:D:D
I am saying this without much research BUT I do recollect rave reviews about VDL Rao.
In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.
Some guesstimate is better than utter confusion.
We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!
maybe he has been hired by some south african don to predict cricket stats for betting
or maybe some italian mob has him by the nuts to pick lotto numbers.
:D:D:D:D:D
and he is now going to get south african GC for his "outstanding ability"
:D:D:D
I am saying this without much research BUT I do recollect rave reviews about VDL Rao.
In past, Googler, Conshell etc. have done a good job of investigative journalism (name check memo and other critical updates). Discovering VDL rao would be blessing for some sort of hunch on Visa number availability. He has apparently commanded our respect.
Some guesstimate is better than utter confusion.
We need you Mr. Rao. Help us in our journey from darkness to light.... an eventual green light!
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kirupa
11-26 02:06 AM
Temp - that is a great idea. Mind if I steal your image for the first post of this thread? :evil:
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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.
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puskeygadha
05-22 11:33 AM
My question was
how long after the comment period the rule will be implemented from
past experience
how long after the comment period the rule will be implemented from
past experience
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abhaykul
05-04 02:05 PM
Guys,
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
1) For 7 th yr extension your LC and I 140 have to be approved if your LC
is less than 365 days old at the end of 6 th year.
2) If your LC is more than 365 days at the end of 6 yrs it does not matter if it is approved or not you are still eligible for 7 th year extension.
Abhay
amsgc
04-02 08:43 PM
The deal is: GC application is for a future job offer. That means, the company that files for your GC tells the USCIS that they will employ you in the xyz position once you get the green card.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
According to the law, you are not required to have worked for that employer at all. Therefore, yes, you can get an employment letter from any employer (180 days after filing I-485), as long as the offer is bonafide, the job is full time & permanent, and the job duties & occupation is similar to the one mentioned in your labor certification.
Technically, you can work for a company like TekSystems on EAD, and when time comes, provide USCIS with a bonafide employment letter from any company that wants to hire you when you get the GC.
Now, some people have raised concerns over the question of "intent". How do you reinforce the fact that you indeed intend to join the new employer when you get the GC? For this reason, when people switch jobs using AC21, they generally go to work for a company that will give them the employement letter.
Ofcourse, the above discussion is in light of what we know today. The USCIS is working on modifying some of the provisions, so things may change a bit in the near future.
Ams
Does that mean a person can't work for companies like TekSystems on EAD? Senior members, please advice. I would like to switch from my desi employer and join the vendor directly as there is a big pay difference. Any information will be greatly appreciated.
sanju_dba
08-13 02:48 PM
Poor guys... they can give away $7.5 Billion to some country as Aid, but cannot secure their own borders without increasing burden on H1/L1 Visas for $0.6 Billion(not even 10% in comparison ) ....what a pity.... :mad:
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
This is pure B.S. politics....
Thats - "andar pareshani bahar shervani"
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