h1techSlave
04-25 08:34 AM
That is pretty much his strategy for almost every thing. Just talk talk talk talk..
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baires
08-31 10:38 PM
Does anybody know what the best consulates (preferably in Mexico) to go for H1B stamps are? I am getting my H1-B transfer approved in the next weeks and I want to go ahead and get the passport stamp in order to travel.
My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.
In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.
Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
Thanks
My first H1-B I went to Ciudad Juarez Mexico, and unfortunately I arrived the morning of 9/11/01, I was able to cross onto Juarez shortly after they closed down the borders.. Bad experience all in all. took 4 days longer to get back home to San Antonio and had to take a bus.
In 2004 I went to the consulate in Matamoros and it was the worst. They DID not have a record of me ever having made an appt for a visa stamp (even though I called and scheduled one) and again, the whole ordeal took 3 days too long.
Does anybody know any good consulates? I was told Monterrey Mexico is very good. Any suggestions appreciated.
Thanks
rrajendra
08-10 03:44 PM
Should not be a problem, I have applied for H1B in Mumbai and got it stamped. I am orginally from Kerala...
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ras
01-02 03:39 PM
Any suggestions plz....
more...
jatinr
01-17 11:05 PM
I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.
Is there anyone who has this column filled in their 485 receipt?
Is there anyone who has this column filled in their 485 receipt?
reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
more...
siddh_g
05-06 03:05 PM
Hello,
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
My wife and I have a pending AOS, and have our EADs.
My priority date for EB-2 is September 2004.
I plan to go back to school in Spain - starting November 2009. The program ends in December 2010. However, my EAD expires October 2010.
Is there anything I can do to keep my GC processing on track? Can I renew my EAD while I'm in Spain?
Thank you,
Sidd.
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peacocklover
01-25 03:14 PM
I changed my job recently, I'm starting up with new GC application with my new employer as I had passed only 140 stage with my previous GC application of employer and I couldn't get a chance to file my 485. I have 12 plus years of total IT experience. My question is related to the section in the PERM application for my major field of study. I have a Bachelor's degree in civil engineering from good university in India , finished in 1996. My academics and work experience were assessed with US equivalent study and it's evaluated as Bachelor's degree in Computer Information Systems by qualified and expertized education evaluator. My current company lawyer told me that he would mention it as Computer Information Systems in my PERM application. Is it correct to mention in my perm application for my major field of study as Computer Information Systems?
I will greatly appreciate your valuable suggestions.
Thanks
I will greatly appreciate your valuable suggestions.
Thanks
more...
kondur_007
03-09 09:03 PM
I sent you a private message; please check your inbox.
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gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
more...
rajmalhotra
02-09 10:10 AM
^^^bump
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xtronics
03-19 11:01 AM
Really appreciate your input. Thank you
more...
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cdeneo
04-04 03:26 AM
Status was AOS pending during gap of employment.
Anyone who has successfully porter their PD and was in a similar situation - please share your experience.
I would also appreciate if an attorney on this forum could also weigh in on this. Thanks!
Anyone who has successfully porter their PD and was in a similar situation - please share your experience.
I would also appreciate if an attorney on this forum could also weigh in on this. Thanks!
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dale
04-09 07:15 AM
OFF TOPIC: Ya3, i just found out that i'm two days older than you :to:
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dealsnet
05-04 04:56 PM
Even though at will employment, you can ask for ticket. When they applied for your petition, they agreed for all laws governing H1B. No excuse for them. If they do not agree, contact the labor department.
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
Hi, I am on At Will Employment, employer laid off on April 30 2009. I had seen in discussions, if employer laid off we an ask him for Return Flight Tickets. I need to confirm because i was on At Will Employment.
Plz reply me soon
Thanks
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surabhi
06-03 09:54 AM
Hello,
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
From Ron Gotcher
http://www.immigration-information.com/forums/showthread.php?p=13499
He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.
I will be getting married to a H1 holder in India and because of the time involved in obtaining a marriage certificate, am planning to leave shortly after the wedding with my existing B2/tourist visa. What are my options of applying for a H4 once I do that - would I have to come back to India to apply for that, or can it be done from Canada/Mexico - are there any risks pertaining to intent of travel associated with such an action. Thanking you in advance for valuable help in this matter!
From Ron Gotcher
http://www.immigration-information.com/forums/showthread.php?p=13499
He can do that, but there is a chance that the CIS will reject the change of status application on the basis of preconceived intent. If he does come here, he should wait 60 days before filing the change of status application. My recommendation is that he apply for an H-4 abroad and then enter using the H-4 visa.
more...
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frostrated
12-01 11:22 AM
hello folks..
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
I was on H1.. but i quit my job and i am currently enrolled as a Full time student.
I need to go to Mexico as part of my Study program....
I have received the change of status from USCIS..but i need to get my passport stamped..
I have not been successful in getting an appointment in Canada....
>>is there a wait time in any canadian consulates...for more than 2-3 days????
>> Can i go to mexico and get the visa stamped during my stay there..is it risky???
inputs Pleaseeeee..
i am not sure you can get an F1 stamp in either Mexico or Canada. You can only get an F1 stamp in these countries if you already have an F1 stamp, but it expired and you did not hold any other non-immigrant status in the interim.
Third Country Nationals - U.S. Consulate General Ciudad Juarez, Mexico (http://ciudadjuarez.usconsulate.gov/nivtcns.html)
refer to the section under "Who Cannot Apply in Mexico ".
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ksairi
07-31 10:21 PM
http://lofgren.house.gov/PRArticle.aspx?NewsID=1819
July 30, 2007
Washington, D.C. � Rep. Zoe Lofgren (D-San Jose) today introduced a bill to void the recent increases in immigration fees by U.S. Citizenship and Immigration Services (USCIS). The bill would void the new fee structure set to take effect today and reinstate the previous fee structure. The bill also states that USCIS has consistently failed to reduce application backlogs and has suffered from a lack of transparency and effective management.
�Our immigration services need to move into the 21st century,� stated Rep. Zoe Lofgren. �But, USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.�
Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County. She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California.
July 30, 2007
Washington, D.C. � Rep. Zoe Lofgren (D-San Jose) today introduced a bill to void the recent increases in immigration fees by U.S. Citizenship and Immigration Services (USCIS). The bill would void the new fee structure set to take effect today and reinstate the previous fee structure. The bill also states that USCIS has consistently failed to reduce application backlogs and has suffered from a lack of transparency and effective management.
�Our immigration services need to move into the 21st century,� stated Rep. Zoe Lofgren. �But, USCIS has consistently failed to explain or justify the amounts and distributions of this new fee increase. While I agree that USCIS needs to modernize its existing infrastructure and procedures, they must do so in a transparent and open manner. After repeated requests over several months, USCIS has yet to provide Congress with a detailed plan for its infrastructure modernization efforts. Our immigration system should be both effective and fair; sacrificing one to achieve the other should not be an option.�
Congresswoman Zoe Lofgren is serving her seventh term in Congress representing most of the City of San Jose and Santa Clara County. She serves as Chair of the House Judiciary Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law. She also Chairs the House Administration Subcommittee on Elections and serves on the House Homeland Security Committee. Congresswoman Lofgren is Chair of the California Democratic Congressional Delegation consisting of 34 Democratic members of the U.S. House of Representatives from California.
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lostinbeta
10-04 01:37 AM
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gkaplan
05-17 12:53 PM
Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
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