Ann Ruben
02-04 09:16 PM
Hi Prem,
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
As long as your sister is complying with the terms of her B-1 admission, she is entitled to begin work for the new employer as soon as that employer files an H-1 petition requesting a change of status on her behalf. Pay stubs from her original H employer should not be required. The language quoted below is from a Nov. 2000 USCIS Q&A:
"Q10: Who is eligible to use the H1B "portability" provisions?
A10: The portability provisions allow a nonimmigrant alien previously issued an H-1B visa or otherwise accorded H-1B status to begin working for a new H-1B employer as soon as the new employer files an H-1B petition for the alien. Previously, aliens in this situation had to await INS approval before commencing the new H-1B employment. These provisions apply to H-1B petitions filed "before, on, or after" the date of enactment, so all aliens who meet this definition can begin using the portability provisions.
Q11: Are there any other limitations on the portability provisions?
A11: An alien must have been lawfully admitted into the United States. The new employer must have filed a "non-frivolous" petition while the alien was in a period of stay authorized by the Attorney General. A non-frivolous petition is one that has some basis in law or fact. INS plans to further define this in its implementing regulations. Subsequent to such lawful admission, the alien must not have been employed without authorization."
However, if the request for a change of status is made too soon after her arrival USCIS could find that she committed fraud at entry. For that reason, I strongly advise that nothing be filed (including the LCA)until your sister has been here at least 30 days, and preferably 60 days.
Also, if your sister was out of the US for a year or more, there is a possibility that she might be subject to the H-1 cap.
Hope this information is helpful.
Ann
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funny
09-16 01:25 PM
Just cut short that Coffee/Tea/water break around the water cooler and make those calls today...
learning01
04-06 10:11 PM
There is no serious effort by the republicans. They are fractured, divided, into groups. They have no motivation to get this comprehensive bill passed. I have been observing the tactics and attitudes of these republican senators and democratic senators. I am more shocked by the game of one-upmanship on the part of Frist, Kyl, Cornyn, Craig. I don't see rhyme or reason in their sppeches. The bill has no life for the next 3 weeks.
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
i am sorry..i couldnt follow todays proceedings..whn i cam to iv site in the evening..everyone says bill is dead
whn i went to immigration-law.com, they say the following
cud someone tell me which one is true??????????
We reported earlier the Senate Republican Members Agreement last night. Today, the Democratic Minority Leader and other Democractic leaders agreed to the proposal, turning the Republican agreement into the Bi-Partisan Agreement. This dramatic break-through opens a door to the possibility of passing the Senate version of Comprehensive Immigration Reform bill, S. 2454, as amended before this week is over and before the Congress goes into the recess next two weeks.
The development is accompanied by three other developments:
President released statement supporting the bi-partisan agreement;
Senate rejected the Democrat's motion to cloture for the Specter amendments to S.2454;
Senate also relected the Republican Kyl' motion for his amendments.
Now we see the light at the end of the tunnel!!
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gauravster
12-03 09:25 AM
One more thing that you might look into is the vacations that you hae taken. Generally speaking, if you spend time outside the US, you can exclude that time from the H1B 6 year limit. So if you took an average of 2 week vacation every year, you could get about 12 additional weeks. So your H1B would expire closer to Dec end, instead of 30 Sep.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
You might need to provide documentation to prove this though. The additional time might be valuable nevertheless.
more...
Berkeleybee
05-17 01:08 PM
All,
As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.
I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)
I will move such posts in to this thread.
We will do our best to answer these questions. Hang in there, keep heart.
best,
Berkeleybee
As we wait for the Senate debate to move along, I know there is a great deal of restlessness and a desire to have something, anything happen. A need for reassurance that something will happen fast, or that provision X will be signed into law by ZZZ date.
I am starting this thread for such questions. Otherwise we have an ever proliferating set of threads with very specific questions like "can we have provision X become its own bill and have it signed by next Friday so I can go home and stop worrying?":)
I will move such posts in to this thread.
We will do our best to answer these questions. Hang in there, keep heart.
best,
Berkeleybee
seahawks
06-26 03:16 PM
trying go get an answer if any one can give some insight?
more...
desi3933
02-09 05:05 PM
what is NCR Region???
National Capital Region (http://en.wikipedia.org/wiki/National_Capital_Territory_of_Delhi)
National Capital Region (http://en.wikipedia.org/wiki/National_Capital_Territory_of_Delhi)
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agc2005
11-04 09:38 AM
munnashi:
Actually you don't get copy of I140, the employer and lawyer who gets the Approval notices. There is no rule that they have to give you copy.
Actually you don't get copy of I140, the employer and lawyer who gets the Approval notices. There is no rule that they have to give you copy.
more...
ChainReaction
02-21 12:15 PM
https://egov.immigration.gov/cris/jsps/ptimes.jsp
that is for last month updated jan 17,2007 not for feb?
that is for last month updated jan 17,2007 not for feb?
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chris
02-08 11:05 PM
Did you contacted congressman or opened any SR's ?
I'm also in the same boat. Cases after me are getting approved.:)
I'm also in the same boat. Cases after me are getting approved.:)
more...
sku
01-16 03:29 PM
The situation seems to be so bad that my immigration attorney sent out a seminar invitation to discuss the lay-off of immigrant workers what to do what not to do. Their agenda includes:
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
Termination and Layoff Tips
Ensuring that decisions are properly documented and supported
Evaluating if Worker Adjustment and Retraining Notification Act (WARN) or similar state law applies to your company
Complying with employer obligations for laid off nonimmigrant workers and understanding impact on employees' immigration status
Avoiding Legal Landmines When Reducing Pay or Hours
Avoiding potential discrimination and overtime claims
Preventing wage violations for nonimmigrant employees and employees sponsored for green cards
Managing Office Closures: Forced Vacation or Time Off Without Pay
Avoiding wage and hour violations
Strategies for Reducing Immigration Costs
Establishing policies for employee payment of certain immigration costs
Drafting enforceable repayment agreements
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SlowRoasted
06-25 05:23 PM
did this poll get lost in that hacker attack? just wondering.
more...
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sabr
09-19 05:39 PM
meaning I can work for company B now and even though my h1b renewal approves with company A? then when I feel like I can go out and reenter before the h1b renewal period ends?
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amitjoey
12-04 01:21 PM
I am a Commercial/Industrial Architect and have allready had to turn down 2 jobs this year making double what i make here in hicksville Fresno CA due to the fact that i do not have a green card.
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
As far as the investor visa,i have looked into this too with my attorney and i am not elligible,even though i have the funds,due to the fact that my previous attorney did not file my papers on time in 2000 and therfore had to refile under 245i in 2001 and i am paying the price along with 30 other clients of the crooked attorney who ran away to another state.
My earnings this yr were above your guys fugures but Uncle Sam takes a very large chunk due to being single,no real estate in my name and no tax write offs.
lucky7: Are you a licenced architect? Construction Manager? or a Jun-Architect?. You said $92/hr
more...
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dan19
01-15 11:48 AM
jonty_11,
the canadian immigration specifically asks for the IELTS. so try to take it. it is not a difficult one.
one of my friends wrote a detailed letter to the immigration dept. showing proof of his english proficiency. i heard it worked and he wasn't asked to take IELTS. (but it all depends on the officer who evaluates the case)
Furthur the letter states: If you fail to provide results of Lang test , an assessment will be done based on information you have provided and that may result is fewer points being awarded for language abilit, influencing overall eligibility.
I am thinking of not taking this test. Anyone else with similar letter from canada Buffalo office?
the canadian immigration specifically asks for the IELTS. so try to take it. it is not a difficult one.
one of my friends wrote a detailed letter to the immigration dept. showing proof of his english proficiency. i heard it worked and he wasn't asked to take IELTS. (but it all depends on the officer who evaluates the case)
Furthur the letter states: If you fail to provide results of Lang test , an assessment will be done based on information you have provided and that may result is fewer points being awarded for language abilit, influencing overall eligibility.
I am thinking of not taking this test. Anyone else with similar letter from canada Buffalo office?
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Hermione
09-27 11:09 AM
Is there anyway we can help the family featured in this thread? Like helping them with funds to hire a good lawyer or something on those lines? Reading all the threads, I am somehow thinking of going for the Indian dream now (Yes, I have the Indian citizenship)!!! 6 years and my wife still does not know if she can live in this country or not!!!
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
Hold your hourses until you hear the true story of this family. As I said, I tried to find their court decision online (court decisions are public documents), and it was not there. It means that they gave assumed names, also it probably means that they do not want people to read their court documents. I personally have seen asylum cases, and let me tell you, some of them are so full of lies, you would not belive your eyes (I have seen a guy who claimed his wife was beaten and denied medical services - he has never been even married!). I think their story goes like this - they came on tourist visas to visit her family, after that they stayed illegally for 2-3 years saving money to pay the lawyers, after that they paid a crooked attorney to buy some fake "proof" that they were persecuted and applied for assylum. Their application went to court, where judge suspected something was fishy. He probably asked for additional proof or obtained evidence that their documents were fake, and denied the case. That's kind of typical story for a denied asylum, and I would be very-very careful in trying to help them personally. If they get some relieve as a result of a broader legislation, like 245(i), I would not mind it at all (they will, because they have a pending I-130), but helping them while not helping people who decided not to go out with swinging lies and just stayed illegally... I would stay away from it.
The article itself is pretty good, though.
more...
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jungalee43
03-01 08:19 PM
Is our fax campaign continuing or on hold for the time being?
We have learnt some lessons at the time of S1932. Our campaign was dead after HR4241 was passed and we were waiting for conference committe to be announced. This was the period when the campaign of NumbersUSA and FAIR actually peaked. They in fact advised members to stop faxes two days before the conference committee was announced. Their organizers knew how the conferences work and they finished work before the committee was formally announced.
Of course with QGA guiding us this time we are not going to repeat that mistake. Our campaigns should focus on senate and house separately & exactly when it is needed and must reach peak just at right time. With limited options available to us as 'aliens', actually meeting representitives or their staff should be the approach. One meeting is equal to ten faxes.
We have learnt some lessons at the time of S1932. Our campaign was dead after HR4241 was passed and we were waiting for conference committe to be announced. This was the period when the campaign of NumbersUSA and FAIR actually peaked. They in fact advised members to stop faxes two days before the conference committee was announced. Their organizers knew how the conferences work and they finished work before the committee was formally announced.
Of course with QGA guiding us this time we are not going to repeat that mistake. Our campaigns should focus on senate and house separately & exactly when it is needed and must reach peak just at right time. With limited options available to us as 'aliens', actually meeting representitives or their staff should be the approach. One meeting is equal to ten faxes.
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Rockford
07-17 02:23 PM
What's the point of starting a new thread to throw in your opinion?
Servers and all members are already very stressed.
To begin with, it is not my opinion. It is an excerpt from other web site and I gave the link.
This is new thread because it is different info than the popular belief here that there is going to be a definite relief.
Hope you understand :)
Servers and all members are already very stressed.
To begin with, it is not my opinion. It is an excerpt from other web site and I gave the link.
This is new thread because it is different info than the popular belief here that there is going to be a definite relief.
Hope you understand :)
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hopefulgc
12-08 01:58 PM
my cousin (think immi.com handle gcapnekbohi ) got his masters 1.5 years ago from university of phoenix .. through online program.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
Soon after he tried to interfile his eb3 app for eb2 and he is currently appealing his NOID... reason 'inequality of credit weights from online masters since they are not transferable'.
Anybody know of anyone who has successfully gotten through to eb2 using an online masters? please pm me..thanks in advance.
You should qualify for EB2. It doesn't matter even if it's online.
the_jaguar
11-21 02:50 PM
A suggestion to folks sending emails:
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
Please keep the first email precise and compact (typically one paragraph). If it is longer, most people will not take the time to read through it, and some of the important/hard hitting points might never be read.
While immigration is a very close and dear issue for us folks, we should not expect the rest of the country including the media to feel the same way. Hence, small & precise emails have the most impact..
If they respond to our email, then it makes sense to send them a detailed response detailing the issues legal, high skilled immigrants currently face..
Just my $0.02..
EB3June03
06-17 10:08 AM
Thanks yganreddy for your input. It might help.
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
In my case, the X Ray shows nothing - so I am all clear on that.
My concern is I don't how big the thing became after the test was done (twice). Once in 1997 when I first came from India and next in 1998 (when i worked in NY Preysbeterian Hosptal and they mandatorily tested for TB via skin test). I have asked for the reports from NY hospital and am hoping that it is less than 10 mm as the civil surgeon says that if the size is bigger than 10 mm, I will have to go through the treatment for TB (even though i have no evidence of active TB). I hope he is wrong.
I had another question. Can I get the reports from India, when i got the TB test done? I might have the papers at home and will have to search for it or does USCIS not consider the papers from India? I hear a sealed envelope is what is needed from a doctor. In that case, we might be able to try to get in touch with the doctor that did the test and ask for a sealed envelope (showing him the papers he gave us when we got the test done).
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