thomachan72
11-06 05:02 PM
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pendingfor more than 365 days, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
In your case since H1b ends sept 2011, you have to apply perm atleast by august 2010.
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karthik_may
07-18 04:43 PM
Called again to find the same response of Denied.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
MunnaBhai
03-14 03:06 PM
I agree. Most of these companies openly misuse L1 visas. I have seen myself, how L1 guys from Infosys, TCS, and IBM India working at client sites.
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glus
02-15 09:17 AM
Thank you very much. do you know suppose if we go for stamping our visa and for some reason they reject it, can we still enter USA? I am just trying to evaluate different options and the risks in each of them so that we can choose the best that works for us....
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
What you are talking about is an automatic visa revalidation. You can re-enter the US from Canada on an expired visa if you have a valid I-94 and h1 extension. However, if you visa stamping is denied for any reason while being in Canada, you will NOT be able to re-enter anymore. Usually, the consular officer takes away your I94 or makes a note that a visa was not issued. At that point, you need a valid, unexpired visa to re-enter the US, or you have to go to your home country for visa stamping.
G
more...
Robert Kumar
02-24 05:04 PM
I am also looking for answer on this..Anyone please??
Any inputs pls.
Any inputs pls.
kaisersose
07-24 11:09 AM
I think your lawyer maybe right.
The FAQ is saying Labor should be approved by the time you file for 140. Attaching any piece of evidence along with your 140 application that your labor has been approved should suffice.
The FAQ is warning against filing 140 before Labor approval as many newbies may be wondering if they can utilize this 485 window by applying 140/485 based on a pending labor.
The FAQ is saying Labor should be approved by the time you file for 140. Attaching any piece of evidence along with your 140 application that your labor has been approved should suffice.
The FAQ is warning against filing 140 before Labor approval as many newbies may be wondering if they can utilize this 485 window by applying 140/485 based on a pending labor.
more...
waitin_toolong
08-14 06:17 AM
Hello All,
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.
One of my friends mentioned that there is a possibility that I-94 card could be stamped with the date on my current visa stamp at the port of entry. This would invalidate my wife's transfer since the new transferred visa is valid until 2009 whereas my stamping with my old employer is valid only until Dec 2007. In order to avoid this, should my wife submit her passport as well as the I-797 and I-539 from my current employer and ask the officer to stamp the new dates on the I-94? Please advise.
Regards,
Azeez
It would not invalidate the transfer, as legally there is no such thing as transfer it is always a new H1/4 what she loses is her extension period on I-94 and you will be forced to file an extension for her an unnecessary hassel. Usually if H1/4 travel together this problem rarely happens as the H4 spouse is automatically given same I-94 time as H1 per their new I-797. But some VO's surprise are still too new at their job to figure out the same for H4 travelling alone.
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reddymjm
02-23 04:58 PM
I have same issue for the last and last but one items.
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Administrator2
01-26 10:59 AM
I would also like to suggest to display complete heading in the "Recent forum posts" section.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
Thanks casinoroyale, this is a good idea. Will make the change to display complete heading in the 'Recent forum posts' when you scroll your mouse on top of the heading of the post of the homepage.
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sodh
07-12 01:43 PM
Send Tancredo an invite to debate this issue in Miami and see what he has to say.
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pappu
04-10 12:02 PM
This may be something that's already been addressed somewhere so my apologies in advance if that's the case
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
I'm getting ready to apply for my EAD extension. Should I be asking for/expecting one-year EAD or a Three-year EAD? Has the rule already been published by USCIS? Should my lawyer be doing something different from last time?
Another question is: Are we also going to get a 3-year AP?
Please update your profile with details so that it can be helpful to everyone tracking the success
http://immigrationvoice.org/forum/profile.php?do=editprofile
on IV tracker
http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
IV members are requested to update their profile with valid dates so that we can make IV tracker helpful for everyone.
I have personally decided to make this request to everyone who does not have their details completed and only then respond to the member. If a member has bogus data in their profile for tracking purposes I would not be replying to that post. This might help encourage members wanting replies from IV core team for their questions.
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Kitiara
10-17 10:52 AM
Argh, I don't have Paintshop Pro!
more...
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javadeveloper
12-17 04:21 PM
Dates were current till 2005. They were again current in between.
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
dates were current till Dec 2004(http://travel.state.gov/visa/frvi/bulletin/bulletin_1343.html).afterthat in 48 months (05,06,07,08)dates were current only for 1 month(July 2007) which is for about 2% of the time.
Jan 05 VB - http://travel.state.gov/visa/frvi/bulletin/bulletin_2007.html
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Lihkin
02-26 04:27 PM
Hi guys. Sledge- I think she clearly says (in caps) that her PP does NOT have CWOP stamp. Hence she is asking for help. :)
Cheers,
Nik
Cheers,
Nik
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MightyIndian
11-05 08:47 PM
I think - there will be more people in AF Unit this consulate
As Hyderabad is very popular in those lines.
What is AF unit?
As Hyderabad is very popular in those lines.
What is AF unit?
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greenguru
01-31 12:56 PM
Hi ,
Yes, it is possible.
Yes, it is possible.
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sai
11-26 04:59 PM
are you EB1, EB2 or EB3 and which Country?
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h1bdude1
03-23 03:53 PM
one more question Plz. Sorry for bugging.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
I lost this Expired EAD card during moving and now i only have its Front copy which i am going to submit with my I-765 form.
will it be any problem submitting only front copy of the Previous EAD because they are requesting for both (Front and Back) of the Previous EAD.
thanks
h1bdude1
I think you mean once you are assigned a permanent A# ! It is assigned before a visa number is assigned.
A number series starting with 1 (eg. for OPT) are temporary. Those starting with 9 are permanent.
USCIS has a regular A# consolidation unit as well as a column to check for more than one A# on their internal worksheet for I-485.
Bottom-line: give your OPT A# and they will take care of the rest. This is what I did and worked.
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a_yaja
07-07 09:48 PM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
Depends on a lot of factors.
1. Under what category are you planning to file for I-140?
- EB1, EB2 or EB3?
2. Are you from a retrogressed country like India/ China or are you from Rest of World (ROW)?
3. How far are you from the 95% difference from your current salary ?
The reason I ask is this:
If you are going to apply for EB3 from India or China, there is a very good chance that your GC will take atleast 3 - 4 yrs (but anything could happen) to be approved. Remember, you need to make the salary when your GC is approved - not now. Secondly, if you are from India/ China, you may as well go ahead and say "Yes, will get paid salary mentioned" and after your I-140 is approved, you can always change to a job with higher salary and retain your Priority Date and go through PERM. But remember, PERM requires 100% salary and not 95%.
If you are from ROW, you can still go ahead and say "Yes, will get paid mentioned salary" and when you file for I-485, you can always switch jobs after 180 days invoking AC21.
If your salary is close to the 95% stated in the LC, you could still be OK - if you are confident that in a yr or two you will be getting 95% of the stated salary. Also, salary is only base salary and does not include Bonus (because bonus need not be offered by the company during any particular year).
IMPORTANT NOTE: COMPANY HAS TO AGREE TO GIVE YOU PW WHEN GC IS APPROVED AND NOT RIGHT NOW. IF YOU TELL THEM THIS, MAYBE THEY WILL NOT HESITATE SO MUCH.
Ofcourse, this is only my opinion and not legal advice.
manfrmind
04-01 02:11 PM
Do you know which attorneys sent this E-mail? Can you please post those E-mails after removing personal details?
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
"===============================================
It is advised to all the employees not to travel out of the country for visa stamping nor vacations, if it can be avoided. Right now, there are reports of many visa denials at the consulates abroad and even the US Port of Entry. Unless it is absolutely inevitable, travel should not be undertaken.
If travel is a must, it is advised to the employees to carry the following supporting documents:
1. Employer provided copies of recruitment activity stating that they attempted to hire US citizens but failed - THIS WILL BE HARD TO ESTABLISH
2. The usual check list for H stamping and employment verification at the US port of entry
The general advise is even for AP holders (Advance Parole) to refrain from traveling outside the US, if you can.
"===============================================
sk.aggarwal
05-01 12:26 PM
It all depends on how short you are..Following are options
1. Housing loan from India: Secured loan but very high interest rate, not very difficult to get
2. Personal loan from India: Unsecured loan with very high rate. Not very sure abt this.
3. Personal loan from US: rate between 8-12%. Max amount is around 20K USD
4. Home equity line of credit: If you own a home and have equity. You should be a loan against it at very reasonable rate. and I think, it has some tax benefits also ..
5. Loan against your 401K: you can get 50% of your 401K at around 5-6%. But you will have repay if you leave your employer.
1. Housing loan from India: Secured loan but very high interest rate, not very difficult to get
2. Personal loan from India: Unsecured loan with very high rate. Not very sure abt this.
3. Personal loan from US: rate between 8-12%. Max amount is around 20K USD
4. Home equity line of credit: If you own a home and have equity. You should be a loan against it at very reasonable rate. and I think, it has some tax benefits also ..
5. Loan against your 401K: you can get 50% of your 401K at around 5-6%. But you will have repay if you leave your employer.
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