bigboy007
08-24 10:45 PM
This is a contract position to work in canada.This is normally through couple of vendors.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.
If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.
Your status in US has nothing to do with Working/Visiting/studying in Canada.
If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.
If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.
Your status in US has nothing to do with Working/Visiting/studying in Canada.
If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.
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waitingnwaiting
11-18 04:26 PM
Should out of status H1Bs be locked up or deported... - Dice Discussions (http://community.dice.com/t5/Tech-Market-Conditions/Should-out-of-status-H1Bs-be-locked-up-or-deported/td-p/196283)
H1B Immigrants are fighting with each other on websites and here antis are discussing this
H1B Immigrants are fighting with each other on websites and here antis are discussing this
indyanguy
07-17 10:59 PM
Thanks for your reply.
What are the chances of LC substitution being denied. I've heard it's a little risky. Do I get an outright denial or usually a RFE/NOID? If I get a denial, do I start the entire process all over again?
Thanks!
What are the chances of LC substitution being denied. I've heard it's a little risky. Do I get an outright denial or usually a RFE/NOID? If I get a denial, do I start the entire process all over again?
Thanks!
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ramaonline
01-12 12:56 AM
eb2 requires bachelors plus 5 years experience or masters plus 0 years
the experience must be gained prior to joining the gc filing employer if presently working for that employer
The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?
the experience must be gained prior to joining the gc filing employer if presently working for that employer
The job description determines the EB2 eligibility - what are the requirements mentioned on the job desc?
more...
lostinbeta
10-20 09:45 PM
Lots of radial blur :beam:
jonty_11
06-15 01:17 PM
This from Immigration-law.com
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
06/15/2007: July EB-2 and EB-3 Visa Numbers Open and Consular Processing
The State Department states that they allocated a large number of EB-2 and EB-3 visas because of the USCIS I-140 and I-485 backlogs and because if the visa numbers are not used before the end of the fiscal years, some of them can be wasted. Assuming that the USCIS may continue their current processing times and backlogs in I-140 and I-485, the EB-2 and EB-3 may continue to remain current. However, it is just a speculation and risky to rely on such speculation when one handles his/her immigrant status.
In time like this, the consular immigrant visa application is very risky for the two reasons. For instance, if the EB-2 or EB-3 numbers face a cut-off date again in August or September, unless their immigrant visa is "actually" issued and they enter the U.S. before the retrogression, they will be stuck abroad. For those who are currently residing in the U.S. and intend to apply for the immigrant visa through the consulates rather than adjustment of status through the USCIS, a similar risk will prevail, but unlike the those who are residing abroad, they will be able to extend the H-1B extension under AC 21 Act pending the visa number availability. In this regard, their risk is less but still high in that since they did not submit I-485, they will not be able to take advantage of obtaining EAD and Advancer Parole, not to mention AC 21 portability of the approved I-140 petition for change of employment. All in all, the consular immigrant visa application is not recommended when the future of the visa numbers remins unpredictable.
more...
anurakt
01-15 08:35 PM
bumping
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chintu25
08-16 01:42 PM
Feel free to email me or call me
more...
whitecollarslave
09-22 10:45 AM
I will be going to a USCIS roundtable on customer service on Sept 23.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
I am being told that this roundtable is with other USCIS customers facilitated by USCIS staff. From what I know, the focus will be on customer service.
Did anybody else sign up for this?
If you have any comment/feedback/experience related to customer service that you want to share, please contact me.
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krishmunn
05-03 10:45 AM
You do need an H1 amendment. Had you applied for an LCA prior to starting your work in the new location, an amendend H1 would not have been required. But since you have already started working, you will need a new LCA and a new H1
more...
wonderlust
07-18 05:17 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
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guy03062
12-08 08:07 PM
I think we're looking for Jan '09 bulletin ;)
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
India:
EB2 -> 01-JUN-2003
EB3 -> 01-OCT-2001
http://travel.state.gov/visa/frvi/bulletin/bulletin_4384.html
more...
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looivy
07-24 01:13 PM
I e-filed EAD renewal. On the I-797 Notice of Action that they mailed me, the "Priority Date" field is blank. The same is true for my last EAD notice of action as well which I did not check last time. Is it normally blank?
Is anybody else in the same boat?
Is anybody else in the same boat?
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gapala
06-03 08:31 PM
http://adoption.state.gov/country/india.html
.
This is going to help many.. thanks
.
This is going to help many.. thanks
more...
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kondur_007
05-15 08:42 PM
The primary applicant's H1-B status must be valid for the dependent to get H-4 VISA stamp. The primary's own VISA stamp is not an issue.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
I second that.
As long as your H1 "status" is valid (I 94 is not expired and you are working for H1 job at the employer that is mentioned on I 94), your family members will only need copy of your approved H1 (form 797 with attached unexpired I 94). They will get their visa without much problem.
Good luck.
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like_watching_paint_dry
09-01 10:51 PM
First of all congratulations to all those who got their approval in the last couple months. Now comes the big dilemma for some of us. Did anyone tried to switch their jobs, or at least, ditch their current employer? Did anyone switched their employer immediately after the green card approval? I am sailing in this boat. I want to switch my employer ASAP, but is hesitating to do so... as you know there are some obvious reasons later. What are other problems that you think other than getting tons of questions during the citizenship? Appreciate your answers. ;)
I've taken quite a few lawyer opinions on this. It is best to stay put for 6 months to a year if you want to play it safe. There's no rule set in stone regarding this. If there is a very compelling opportunity, go for it. If not, just chill a little. If your employer treated you badly because you were on the green card leash, return the favor by playing some games with such employers & enjoy the fun.
I've taken quite a few lawyer opinions on this. It is best to stay put for 6 months to a year if you want to play it safe. There's no rule set in stone regarding this. If there is a very compelling opportunity, go for it. If not, just chill a little. If your employer treated you badly because you were on the green card leash, return the favor by playing some games with such employers & enjoy the fun.
more...
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LegalIndianInUSA
09-11 10:29 PM
http://www.uslawnet.com/Englishhome/News/messages/234.htm
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
Yes, Im aware of the Cronin memo, and also the clarification on murthy.com below
http://www.murthy.com/news/n_efftrv.html
But, If you read the memo correctly, the language is vague at best, with references to a final rule that I couldnt find. Even the interim memo(Cronin) isnt available from the USCIS website.
My goal was not to restart the discussion on this. I simply wanted suggestions on how to approach USCIS to get clarity on this situation. Some options would be
1. Call USCIS : but do the people answering the call know the rules, and is their "interpretation" valid ?
2. Get an Infopass appt: Again, an IO may not be the right person responding to this
3. Contact the USCIS director : possible? how?
4. Contact AILA
5. Contact the Ombudsman
If anyone has thoughts and suggestions about how to get this clarified, please advise. My goal is to get a document from USCIS authoritatively stating their stance on this situation.
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justice4all
02-04 11:23 AM
Thanks validIV for your reply.. I spoke to couple of attorneys regarding that.. one said its illegal and dont want to talk about it, other said that's the only option for my wife to go to job since she doesn't have an EAD.
Lawyers reading this thread can throw some light..
thanks
Lawyers reading this thread can throw some light..
thanks
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dvb123
04-05 09:45 AM
There is a memo which says that you can get 1 year H1 till u get the license.
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
MurthyDotCom : H1B Petitions Should be Approved for 1 Year w/out State License (http://www.murthy.com/news/UDh1pets.html)
However I am not sure if RN positions quality for a h1-b. There was a 50,000 green cards nurses category a cpl of years back for nurses because nurses do not quality for h1. However they did not extend the category.
Nursing / Nurses: GREEN CARD APPLICATION PROCESS (http://knowaboutnursing.blogspot.com/2008/03/green-card-application-process.html)
Others pls update this thread with your knowledge and Experience
zamoo
09-13 11:48 PM
I have to admit that I'm a little less educated in these immigration things than a lot of others. So, some questions might be of very basic nature.
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
I have been with a company for almost 9 years now. It was a relatively small one (2000 people). A bigger company (20,000 people) bought that. And, an even bigger (70,000 people) one bought that !! In all this process, my H-1B and GreenCard applications have been well-cared for by the company attorneys/lawyers. My I485 was filed in July 2007 during the rush. I have EAD...it has been renewed once as well.
My PD is NOT current as of September VB.
Although I have EAD, I used my H-1B extension to enter US in 2008 as this H-1B is valid till Jun 2010.
Now, I see a possibility of getting laid-off due to the latest acquisition/merger.
In order to find a new job, I want to know what all things I should care about and/or worry about. I don't think if I get laid-off, the company will do anything nasty without talking to me or at least telling me. So, here is what I'm trying to find out :
00. Should I immediately hire a lawyer to care for my pending I485 case with USCIS ?
01. If laid-off, what documents should I ask from my company for my records ?
02. I have EAD. So, is it true that I can still live in US as long as I want/my case is in pending status even if I cannot land a job ? If not true, how much time do I have on my hands to wrap-up and leave ?
03. Do I HAVE TO find a new employer that will be willing to support my I485 case ? If so, what all things the new employer will need to do ? Or, can I join a company that is may not be willing to support a foreign national's GC process and handle the case myself ?
04. Is it ABSOLUTELY necessary to find a job that identical to what job I'm currenytly doing and my LC was certified for ?
05. If and when laid-off, can I do part-time jobs that are related to the field of my epertise but not same in nature as in my LC. For example : If I'm a Java programmer, can I teach at a training institute couple hours a day, 3-days a week ?
Any response will be very much appreciated...
Thanks&Regards
sammyb
12-10 03:32 PM
WHAT ARE THE PROJECTIONS FOR CUT-OFF DATE MOVEMENT IN THE EMPLOYMENT PREFERENCES FOR THE REMAINDER OF FY-2010?
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
Based on current indications of demand, the best case scenarios for cut-off dates which will be reached by the end of FY-2010 are as follows:
Employment Second:
China: July through October 2005
India: February through early March 2005
If Section 202(a)(5)were to apply:
China and India: October through December 2005
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