manand24
08-03 12:17 PM
Well atleast we arent alone I guess
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
Hopefully we will get them soon! Keeping fingers crossed! Just imagine the wait times for AP, EAD and eventually GC. Just forget about it!
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ramus
05-31 04:58 PM
Good going..
It makes you real team player.
Great..
Just post in drive fund thread when you done..
Thanks,
It makes you real team player.
Great..
Just post in drive fund thread when you done..
Thanks,
ashismaity
08-30 10:48 AM
I travelled outside USA before the expiry of VISA date while 7th yr H1b extension is going on based on my labor.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
Here is the dates for clarity.
my visa date was upto Oct, 2005. Applied for H1b Extension in May, 2005. Travelled in June, 2005. came back in July 2005. Got approval for 7th yr. after a few days after my arival.
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cox
April 3rd, 2005, 08:39 PM
The filter is an excellent suggestion, Gary - I prefer to do things in-camera. I did not take later shots, so I can't sandwich them. The reds were extremely short lived, and clouds were moving in (and it was freezing), but I'll remember to get a couple of different exposures for next time.
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
Thanks for the recommendation, QJ. I'll get out my map and find it.
I'll try your dual processing suggestion, Kevin, but my PS skills are weak compared to some of our resident masters here. ;)
more...
cagedcactus
05-04 06:57 AM
As I said it was work of a fellow member. But I dont see why you cant use the same letter. If you think this is a good format, please go ahead and use it.
thanks.....
thanks.....
Bhaskar_80
06-10 02:29 PM
Thanks for your immediate response, gnutin and thomachan72.
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
Mr.gnutin,
Actually I phrased question no. 3 wrongly. I think this is the right way of phrasing it for an answer which I was expecting.
As I came to U.S in 2006 and if i apply for my H1B Transfer in September 2010, please let me know how long will INS have it valid with the following scenario
1. If my labor from my previous employer (A) is approved (which in my case)
2. If my I140 from employer (A) is approved before September 2010 (Actually it will be filed in two weeks from now)
Thanks and Regards,
more...
add78
06-11 08:56 AM
This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.
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GCfast
09-08 12:44 PM
Tried it. works quite well..thanks
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deecha
07-16 01:25 PM
Hello,
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
I have a general question on EB# to EB2 porting and was hoping if I could get any advice here. I have a labor filed under EB3 in 2005. I got my EAD in 2007 (thanks to the floodgates that opened in July). Now I am planning to move to a different employer in a much better role. The future employer is a startup, and is a little hesitant on transferring H1B, but will file for my labor in EB2 category and will work on porting my priority date.
That means, I will have to drop my H1 (valid through 2012) and will be on EAD. Is it possible to file for EB2 and port from EB3 later on, if H1 visa is dropped and I am in solely on EAD?
Thanks for going through my post.
This is a huge gray area and I find myself in a similar predicament. According to AC21 if you change jobs, you must be in the same or similar occupation. Now, if you're going to file EB2, then obviously the job has different requirements. If you can somehow prove that the new job is "similar" to the old position, yet it requires some kind of advancement to justify EB2, you can do what you're attempting to do. Maybe software engineer --> technical architect is justified under AC21, however technical architect needs (say) 7 years of experience + Bachelors in CS. I believe in such a situation, you should be ok. However I don't think you can count any experience in your new company towards the EB2 sponsored in your new company.
In any case, I am not a lawywer. It's best to consult an experienced attorney and get this sorted out.
One more thing, I would highly appreciate it if you could post your findings in this thread/forum.
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njdude26
08-26 11:16 AM
Im planning to get an online MBA from phoenix univ or someother univ. Do you guys think it is helpful in getting a GC in case the SKIL bill is passed some day !
more...
nozerd
09-06 01:42 PM
Can H1 visa stamp be used for travel convenience ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
I am EB3 India with PD of August 2001. I 140 approved but cant file I 485 due to retro. I have sent in my application for 8th -10th yr H1 extension. I am already Canadian PR landed in April 2005 so basically need to do something in early 2008 if I still need to hold on to my Canadian PR. I have worked for same firm since last 7 + yrs and they are quite cooperative within limits.
I wanted to know if I can work for my company's Canadian operations and still hold H1 visa and travel on that H1 visa. Please note that I will be on Canadian payroll. Is this legal ? Is it ok for the company to keep extending my H1 ? I know they can keep my Green card case alive but what about H1 ?
Is it ok to stay outside US and get paid outside US and still use H1 visa to travel ?
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Desertfox
06-01 08:39 PM
Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
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Munna Bhai
07-12 11:47 AM
any more help??
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pappu
09-14 03:51 PM
call 732-297-9886 and ask questions
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Abhishika
12-18 07:24 AM
Hi All,
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
I am also in similar situation. My labor says title as "Programmer Analyst"
and I have an offer as a Database Administrator.
If I look for onetcenter I am not seeing a direct code for "Programmer Analyst" but I see
a) 15-1051.00 Computer Systems Analysts
Sample of reported job titles: Systems Analyst, Programmer Analyst, Computer Systems Consultant, Business Systems Analyst, Systems Engineer, Computer Specialist, Computer Systems Analyst, Data Processing Systems Analyst, Information Technology Consultant (IT Consultant), Information Technology Specialist
b) 15-1021.00 Computer Programmers
Sample of reported job titles: Programmer Analyst, Programmer, Computer Programmer, Software Developer, Internet Programmer, Web Programmer
And when I search for the database administrator, it gives
15-1061.00 Database Administrators
Sample of reported job titles: Database Administrator (DBA), Database Analyst, Database Coordinator, Database Programmer, Programmer Analyst, Systems Manager
So should we look at the sample of reported job titles? If thats the case all the above mentions programmer Analyst.
Appreciate ur inputs
Abhi
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10-02 03:52 PM
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hary536
05-18 07:41 PM
Hi,
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
My Company has decided to have a force shutdown one day per week starting from this month. So now we will be working 4 days instead of 5 days. We also cannot use PTO during these days. So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only.
Does this affect my legal H1 status? Will i still remain in valid legal H1 status, even if i work and get paid for 32 hrs?
Am i still considered full-time? Or is there any amendment needed to be filed? How can i determine, if there is any amendment needed to be filed? If needed, does the company have to file both H1B and LCA amendment or just LCA.
When one files amendment, is it like again the entire process of H1 approval and can the amendment be rejected?
Also if they file LCA amendment, then do they have to show and pay the salary according to current year? or the year when they initially filed my LCA first time?
If i try for H1B transfer after few months,can that be denied due to paychecks of 32hrs salary only used for H1 transfer?
Pls help, if you have any idea about this kind of situation. Lot of companies are having shutdowns and salary cuts this year? How is it handled in your companies guys?
Currently, I am working on H1B since Oct'08.
My company has decided to have forced shutdown 1 day per week. So All employees will be working and paid for only 32 hrs instead of 40.We cannot use the paid leave also.
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
Anyone pls advise? I am really tensed.
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bsbawa10
04-11 08:58 AM
I have couple of questions
2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.
I think you can say 485 filed.
2. Also there is question "Please provide information concerning your eligibility status:", what should I provide in that text box.
Please suggest.
I think you can say 485 filed.
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09-14 04:02 PM
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MYGC2008
01-20 08:30 PM
I renewed my Passport at NY. and they are accepting valid EAD. It is not true.
But Initially they gave for 1 year when I renewed on July 1st week 2008.
Later on 2nd Junary 2009 I went and they gave me full 10 year.
I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.
Let me know if u need more info.
Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
But Initially they gave for 1 year when I renewed on July 1st week 2008.
Later on 2nd Junary 2009 I went and they gave me full 10 year.
I am on EAD abd travelled using AP. I even did not show my H1B I797. The Stamping on Old passport was expired way back in 2007.
Let me know if u need more info.
Also I met lot of people and they were given 10 years (may be 1year first and later renew for 9 more)
Hi friends,
My brother in NJ got his new passport at NY Indian consulate (since old one was expiring soon). They gave new passport which was valid for only one year - saying that they need valid unexpired visa-stamp to give 10 year validity passport.
They said that they will NOT accept
- valid unexpired EAD
- valid unexpired AP
- valid 485 receipt
- even valid unexpired H1 approval notice (my brother still has H1 in addition to AP)
...Now it is so absurd that, even if my bro went for visa stamping (which he isn't planning), he will not probably be issued 3 yr visa as passport is valid for very short duration. A chicken and egg problem.
In addition why do Indian consulate worry about our visa status for determining passport validity duration ? If they do care then at least they must accept the legal documents (ead/ap/485 receipt/h1 approval notice) to make a decision.
I will appreciate if anyone has a solution to this problem. All answers appreciated.
I am so sad (and mad) that lawmakers of our country are still haunting us while we are away from our country and trying to contribute to its progress.
s416504
11-16 01:30 PM
After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee ??????????
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Inform verbally/New I9 Form? I haven't done this in past. I did used AP 2-3 times in past & haven't informed employer. What employer is going to do if we inform that we are on parolee status? Any USCIS law tells this to do?
Can any lawyer comment on this situation?
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
