looivy
09-01 05:13 PM
Gurus,
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
I work for company X and in my 9th year H1-B visa. X has filed for my Eb-3 labor and I-140 and I am currently AOS (July 07 filer) on my I-485. X recently extended my H1 through Oct 2012.
I have an offer from company Y. Company Y is asking me if I want H1 extension or H1 transfer? What should I answer them. Which one ensures that I have a 3 year extension. Please advise ASAP.
Thanks.
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arihant
09-13 11:53 AM
Looks like EB2 India took a backward step. Not sure of the other categories as I am more interested in this category.
ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
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Madan Ahluwalia
02-23 02:20 PM
There is no special provisions for people living in Haiti to get a visa to come here sooner. You will need to file the regular route. What is your immigration status? You can sponsor your mother only if you are US citizen.
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seanl
08-14 11:55 PM
I filed my I-102 to receive an I-94, ill update this when I hear back from them.
When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?
Thanks, bump.
When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?
Thanks, bump.
krishmunn
05-03 02:29 PM
You probably still have enough time if you go for PRemium Processing. LCA will take around a week and Premium H1 will take another 2 weeks .
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americandesi
10-17 12:41 PM
i don't personally know any attorney nor do I have any experience. But I know that anyone (including Indians) will qualify and this is always current and no labor cert needed. You can go from 140 to 485 in a short period of time and then get a 2 yr conditional GC after which if u still maintian ur initial invest (500k or 1M depending on target area of investment) then u will get final GC.
You also need to create employment opportunities for at least 10 people in the permanent resident or US citizen categories during those 2 years. Not sure if I-140 is required.
You also need to create employment opportunities for at least 10 people in the permanent resident or US citizen categories during those 2 years. Not sure if I-140 is required.
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LondonTown
05-23 01:47 PM
While you are waiting for the reply from embassy, take some time and post your comments (Idea #250 which has Rank 1) at Homeland Security's website (https://openhomelandsecurity.ideascale.com/a/dtd/221g-Administrative-processing/34752-7043).
Also, send this link to anyone who is in similar situation or has been in similar situation.
Also, send this link to anyone who is in similar situation or has been in similar situation.
more...
MeraNoAayega
04-16 08:27 AM
anyone, would appreciate any suggestions
Thanks!
Start process for new labor.
Thanks!
Start process for new labor.
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smuggymba
10-05 08:23 PM
a court actually agreed with USCIS....so a person can work but can't be present in the US and USCIS won the case.
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psaxena
01-14 02:16 PM
While driving back , at POE the process is simple. Always show your AP before passport and they will let you in. Never show the passport before the AP.
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guchi472000
04-17 08:50 PM
Hey Gurus,
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
I am in confusion here.
I applied for my I-485(EB2, PD= Dec,2006) in july 2007. I was married that time and my wife was in India. She didnt get delhi consulate appointment so i missed her while i applied for my I - 485. Now she is in US on H4 visa. I got RFE last month on my I 485 regarding employment verification. I have replied for RFE.
My Question here is:-
If I get my green card(that chances are very less because my PD are not current... but on safe side), How i can add her into GC or 485 stage.
more...
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amslonewolf
05-06 11:42 AM
I think you can apply for I-140 with a copy. As far as I know, you cannot use premium processing though.
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gc2
10-04 03:11 PM
$930 plus a biometrics fee of $80; the fee total is $1,010. Exceptions listed below. There is no fee for applicants who are filing Form I-485 based on having been admitted to the United States as a refugee. Applicants 80 years of age or older are not charged a biometric fee; the fee total is $930. Applicants under 14 years of age: - Filing with the I-485 application of at least one parent have a fee total of $600 - Not filing with the I-485 application of at least one parent have a fee total of $930
I would assume that EAD and AP have to be paid for separately.
I would assume that EAD and AP have to be paid for separately.
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kevnss
03-21 01:57 PM
You can always file under EB2 once your I-140 in EB3 is approved. Even thats what I did. I had masters with 5yr exp before joining in this company but some how attorney filed under EB3 which I noticed when I was filing for I-140 under EB3. So we waited till my I-140 gets approved and refiled again after filed for I-485. Now my labot got approved under EB2 and filed for I-140. Hope this helps.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
I have one question though which I have already posted but didn't see any response. It would be nice if someone can clarify my doubt..
I have one question with regards to changing employer. My I-140 was approved long ago (in 2005) under EB3 and was filed for AOS during July 2007. But now we re-filed labor under EB2 got approved and refiled I-140 under EB2 category. I-140 under EB2 has been filed recently so I am assuming it will take months to get it approved. Now I am thinking of switching to new employer so what are my chances to move to new employer. Sorry am not sure if this message is already posted or not.
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nixstor
03-12 04:13 PM
roseball,
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
Thanks for your response and it sounds very interesting to me. In essence, you would wait for her H1 to be approved, then transfer your H1 as long as your new employer can get and her H4 (until sep 30th).
What if her H1 is not approved until Aug? Is there a point in filing for H4 extension up to Sep 30th in Aug? What are the consequences of that not getting approved before sep 30th? In that case waiting until Oct 1st seems to be the better option.
I will talk to a lawyer and let you know what kind of response I will get.
more...
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zCool
03-31 11:27 PM
Last Status counts situation DOES NOT apply here.
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..
That rule applies to situations where you've gone from h1b to h4 or ead etc..
In your case, you can have as many approved h1b petitions as possible since it's really petition approved for that employer and your are merely beneficiary.
BUT you can ONLY work for 1 employer at a time..
Going by your situation.. if you have approved h1 from company B and are working with company B. THEN you are okay.. to hell with what company A may choose to do..
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jain4444
11-09 10:01 PM
bump
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IndianBoy
11-25 11:05 AM
I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.
Has anyone done this�????
Thanks in advance...
Has anyone done this�????
Thanks in advance...
agiridhar
05-14 12:52 PM
Anti trust lawsuits are brought about when it is found that a company or institution is using it's power of monopoly to bring in anti-competitive measures. In this case, which institution is using it's monopoly - the government?
USCIS (erst while INS) I guess...
USCIS (erst while INS) I guess...
roshnichowdhry
10-05 06:26 AM
Thanks for that information! How long did it take you to get it stamped? Did you have to book a date with the consulate there? Can you give me a little walk through?
Thanks again
Roshni
Thanks again
Roshni
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