danmansukh
02-06 11:05 AM
Question1) Is there anything like a H1Btransfer or is it a brand new application??
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
Yes, company B will need to file an H1 transfer
Question2) Does this H1B transfer go through the 65,000 quota system?? Is there a chance my H1B transfer can be rejected because I did not make it in the 65,000?
H1 B transfers are not counted against teh 65, 000 quota.
Question3) When can I start working for Company B?
Question4) Company B said that I should only inform Company A after I get a receipt from USCIS about my H1B transfer. If Company A matches up the salary what Company B is offering me after I inform them and I still havent started working with Company B, can I stay with Company A? If yes, What about the H1B transfer application by Company B?
You can start working with Company B once you get the receipt of filing. There is no need for you to join company B even after they have filed for your transfer. - you can continue to work with company A.
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sparky_jones
06-02 05:09 PM
The attorney says he's regularly used the "Yes" response in such situations, and has successfully argued that the requirements are normal in past audits. Of course, he wouldn't comment on how much this contributes in triggering an audit. My goal is to avoid targeted audit altogether. His (and the company's) goal is to see the PERM through successfully, even in the face of an audit. Obviously, a slight difference in goals.
The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.
The requirements in fact are normal for this company, and in the field in general. I have no doubt that this can be successfully argued. The problem is with the face-value of the BS+7 requirement against the objective O*Net criteria, and the fact that the only way to make an argument is through a business necessity audit.
vnsriv
05-13 10:42 AM
I got my GC but my wife's application (based on my 485) is still pending. I think at this point I can switch jobs/go to school full time and it won't affect my spouse's case. Just want to double check on this, any thoughts??
__________________
I am doing the same this month.
__________________
I am doing the same this month.
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JazzByTheBay
08-01 08:48 PM
You can call USCIS if you don't hear from them within 90 days of filing EAD. Many of you probably know this already, but I thought that was interesting... and may benefit those who didn't know this already.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
jazz
If Your Case Is Outside Our Current Processing Time (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=66f70531eaa9e010VgnVCM1000000ecd190aRCR D&vgnextchannel=a9243529fdb7e010VgnVCM1000000ecd190a RCRD)
If you filed a Form I-765, Application for Employment Authorization, and it has been longer than 90 days since you filed and you haven't gotten an update from us within the last 60 days, and have not seen any public notice that addresses your case type, please don't wait the extra 30 days. Call customer service immediately.
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krishna_brc
07-02 05:41 PM
I am in the same state as your's. After talking with Lawyer and after reading lot of forums, i went ahead and submitted with PAR:PAROLEE for both Manner of Last Entry and Current Immigration status.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.
I am not lawyer :) but that's waht i went with and submitted just yesterday
I am in the same boat. I entered PAR:PAROLEE and my Advance Parole got approved, waiting for EAD approval.
beautifulMind
07-26 09:56 AM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
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kishdam
03-10 10:39 AM
we are going through it right now.
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
planning to file g-28 only and not AC-21 letter.
Will wait for a RFE to send a AC-21 letter.
Are you self filling G-28 or doing through another lawyer?
Thanks
Thanks for the info.
Planning to thru another lawyer - only because I dont know how to do it on my own and dont want to take any chance. Someone earlier mentioned that if we do it on our own - we may not receive any acknowledgement but if we do it thru antoher lawyer they receive some sort of confirmation.
I am not sure if its true or the logic behind it but thought of going thru a lawyer - he is charging me for both G-28 and AC21 even though AC21 is not done now (which is ok with me).
If RFE does come at some point - do you know how much time we typically have to reply?
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Blog Feeds
06-09 02:10 PM
https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsM2aFHTfKz9Payt-NsFtEScB__bbUzYCXxfz-ShQWRu7jwhne0h-JewKAMWSpytE8Pl3cz9LmsXCZ-HhDTl7sbdtoY6OfYzwKw0_rNFteRQf0t2-pUvmLACg0JZsFCt0vcfohyTLTl2dc/s200/Stethoscope.jpg (https://blogger.googleusercontent.com/img/b/R29vZ2xl/AVvXsEjsM2aFHTfKz9Payt-NsFtEScB__bbUzYCXxfz-ShQWRu7jwhne0h-JewKAMWSpytE8Pl3cz9LmsXCZ-HhDTl7sbdtoY6OfYzwKw0_rNFteRQf0t2-pUvmLACg0JZsFCt0vcfohyTLTl2dc/s1600-h/Stethoscope.jpg)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
The US Citizenship and Immigration Service (USCIS) has issued new guidance (http://www.uscis.gov/files/nativedocuments/health_care_occupations_20may09.pdf)on the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health-care specialty occupation.
The memo suggests that adjudicators should first consult the U.S. Bureau of Labor Statistics� Occupational Outlook Handbook (OOH) to determine whether the position qualifies as a H-1B "specialty occupation" as defined in the Immigration and Nationality Act.
The memo addresses licensing requirements for health-care workers in detail, and the effect of having a license - or not having a license - on approval of a case. If the foreign national has the required license, the adjudicator should not "look beyond the license." If the foreign national has a restricted license (e.g., license approved except for mandatory supervised practice), and the petition is otherwise approvable, an adjudicator should approve the petition for one year, or the duration of the restricted license, whichever is longer.
If the employee does not have the license because s/he needs certain immigration documents before getting a license, CIS can approved the petition for one year. The memo says that "The approval of any such H-1B petition shall not constitute approval by USCIS for the alien beneficiary to engage in any activity requiring possession of such State or local license. It is merely a means to facilitate the state or local licensing authority�s issuance of such a license to the alien, provided all other requirements are satisfied." Photo by http://www.flickr.com/photos/adrianclarkmbbs/ (http://www.flickr.com/photos/adrianclarkmbbs/) http://immigrationvoice.org//blogger.googleusercontent.com/tracker/2893395975825897727-4875672805913302124?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2009/05/new-guidance-issued-on-h-1bs-for.html)
more...
masti_Gai
10-26 10:45 AM
The most important point to be noted here is:
The job / position should demand a person with Master degree or a Bachelor's degree with more than 5 yrs experience in order to quality for EB2.
Not just having a Master degree or Bachelor's plus 5 yrs experience is gonna help.
So there are a lot of things to be looked at else u will be denied a EB2 labor.
The job / position should demand a person with Master degree or a Bachelor's degree with more than 5 yrs experience in order to quality for EB2.
Not just having a Master degree or Bachelor's plus 5 yrs experience is gonna help.
So there are a lot of things to be looked at else u will be denied a EB2 labor.
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gc_chahiye
10-27 01:54 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
more...
4yourforGC
03-20 12:16 PM
my 140 approved and 485 pending over 180 days. now plan to switch job from a big IT company to university (not study, but work in one of dept at Univ), title and job duty will be similar as before, but salary will be lower due to job industry and location changed. does this impact my 485 final approval? thanks
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immilaw
09-14 12:10 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
It looks like she is. She has three years BCA and is short of 1 year but you said she has completed one year of MSc so using that one year plus three years BCA, she will be eligible. Make sure she has one full years of MSc trancripts. If she has deffered taking exams or something like this and has not completed the required credits then she might not be. I will suggest you to fax her transcripts to an evaluator and get an evaluation. It should cost $80-100 only but you will be able to sleep at night.
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
It looks like she is. She has three years BCA and is short of 1 year but you said she has completed one year of MSc so using that one year plus three years BCA, she will be eligible. Make sure she has one full years of MSc trancripts. If she has deffered taking exams or something like this and has not completed the required credits then she might not be. I will suggest you to fax her transcripts to an evaluator and get an evaluation. It should cost $80-100 only but you will be able to sleep at night.
more...
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vandanaverdia
09-07 02:52 PM
^^^ bump ^^^ Anyone working in Microsoft, Amazon, Starbucks, Boeing.. all of them... please spread the word, post internally, talk to friends.. I am sure there can be more people from Seattle attending the rally! Wake up, lets go..
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nhfirefighter13
August 7th, 2004, 06:02 AM
Like I said....I messed this one up and really had no intention of over-exposing it.
You think it would be better if I darken it? Hmmmm. I'll give it a try. I was looking at it and thinking that the really bright highlights gave a sense of heat.
I'll give dark and moody a shot. Thanks.
You think it would be better if I darken it? Hmmmm. I'll give it a try. I was looking at it and thinking that the really bright highlights gave a sense of heat.
I'll give dark and moody a shot. Thanks.
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PALLO
04-15 08:27 PM
anyone, would appreciate any suggestions
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kirupa
03-24 11:09 PM
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wandmaker
09-02 12:34 PM
Hi,
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
Once it goes into hibernation, there is nothing much you can do. If you are a student (f1 visa), you can have your university step in for help, but it also limited.
please share you story, follow the thread, it will help many people
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/34390-iv-action-item-visa-revalidation-campaign.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/483469-iv-action-item-fixing-visa-stamping-delays.html
Almost 22 week past, No response From Mumbai Consulate
Interview Date - 13-Feb-2009
Purpose - H1B Visa Stamping(VISA Approval in 2008 before had F1 Visa)
Interview - VO Asked me few Questions and then asked me to show your company's Wages report and your consultacy and client where u worked agreement letter. I have given him both the docs. and Vo kept with him and gave me 221G Yellow letter which mentioned your docs. are in administrative processing and didn't mentioned any time frame.
After my Employer and i frequently sent emails and faxes to mumbai consulate but no response yet.
Anybody Knows what i have to do. Please advice me further .
Regards,
Krrish
Once it goes into hibernation, there is nothing much you can do. If you are a student (f1 visa), you can have your university step in for help, but it also limited.
please share you story, follow the thread, it will help many people
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/34390-iv-action-item-visa-revalidation-campaign.html
http://immigrationvoice.org/forum/forum5-all-other-green-card-issues/483469-iv-action-item-fixing-visa-stamping-delays.html
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Appu
08-18 04:49 PM
I am hoping someone can shed some light on this situation:
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
I filed 140 and 485 concurrently (July, 2007). Today I received an email update saying that a RFE has been sent about my 485 petition. There's a LUD update for my 485 but my 140 seems untouched. What kind of issues with the case would prompt an RFE for the 485 before the 140 is processed? Is this for a second set of fingerprints or could this be something more serious? Thanks in advance for your responses.
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sam_i02
09-24 06:56 PM
Peeps -
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
My self-filed I-485 application (July 2nd) was sent without:
- Medical Exam results
- Employment Verification Letter
I have recently rec'd the receipt number for my case. Should i sent the missing documentation to USCIS linked to the receipt numbers - or should i wait for the RFE? Anyone with experience with this please advise.
Secondly, if you recommend that i send it now, how can i make sure that the documents will get added to my file? Is there a special procedure for this?
Thank you
Samir
m0r1arty
10-24 10:30 AM
Since there is a few of us up for it, lets try to make it happen. How shall we upload / moderate and so forth.
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
Swish-db have a pretty good system for integrating Swish / flash and PHP, could bung it on the back end of there.
We could put it here if you've got the resources Kirupa.
LETS GET IT ON!!!
(best try to make something now I s'ppose :x )
-m0r
SBH
01-10 12:13 PM
Hi,
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
I am going to Mexico for H1b stamping next week. My I797 does not have my middle name. I used my middle name on all previous occassions like F1 Visa.
My passport also has the middle name in it.
Please let me know if anybody you know has faced such a situaiton. Is this a big deal ? Any help in this matter is highly appreciated.
Regards
SBH
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