AGC4ME
02-12 10:06 AM
I140 porting is based on an approved I140 from a previous labor and hence is different from labor substitution. Therefore theoretically that labor was not allowed to expire even after the rule comes in to effect. Having said that I would rather pose this question to a lawyer.
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kshitijnt
07-08 07:02 PM
Depends on what you are looking for and what your priorities are:
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
1) Ask what work you will get? Ask to speak with the team members of the team you will work with and get your role clarified.
2) compensation. How much $$$$ they are paying more wrt current position or wrt other offers you may have in recent future.
3) As someone said correctly, get to know the work culture and the team make sure you don't end up being chained to work.
The advantage is that you can rise quickly (not much competition) & stable job.
So see whats important for you.
bsnf
02-06 07:19 PM
My wife Volunteered at a day care, a school and the school that she is currently working before the school sponcered her H1 and hired her as a regular employee. We checked with the School HR ( Lawyer ) and our Lawyer before she worked as a volunteer at the school that she is currently working and neither objected.
There were no documents involved in the volunter work, I don't see how this could cause any issue.
Volunteer work done
Day Care --> 8 months
School --> 6 months
Current school --> 3 months
There were no documents involved in the volunter work, I don't see how this could cause any issue.
Volunteer work done
Day Care --> 8 months
School --> 6 months
Current school --> 3 months
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engineer
07-16 07:14 PM
Argument:
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
Due to un-availability of revised bulletin, if NSC approves i485 and issues AP and EAD, they cannot cancel it..as they have not used any visa # at this time ? Am I correct ?
more...
acecupid
06-15 12:46 PM
Birth certificate from Indian consulate is NOT acceptable as primary evidence. You can however submit it as secondary evidence. Primary evidence has to be the actual birth certificate. If that is not available or there are any differences, you should make 2 affidavits from parents or close relatives which basically confirms your actual name as in passport.
sgupta33
08-28 04:07 PM
you should use another attorney. How can you go to your employer's attonery(even though he represents you) and ask about taking another job?. Its same as asking your employer.:eek:
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
Thanks for your response. I actually work for a community mental health agency that does not have an attorney. The attorney I am working with is someone I found on my own with no ties to my company until I asked that she represent me in my green card process.
more...
sent4dc
08-25 08:36 PM
Thanks, crystal. But what would happen if I wait now and just say, hypothetically, my I-140 is denied?
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deekay
06-21 11:57 AM
I came back to US on Mar 30 2008 using advance parole. The officer wrote on I-94 , paroled until Mar 29, 2008 (I am assuming its an oversight).
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
I didnt detect the oversight till yesterday. What my current status and what actions should I take to rectify the error.
I am still working for my employer that sponsored the H1B which is valid till Feb 2009, although the stamp on the passport was valid only till Feb 2008
Thanks
more...
Ann Ruben
02-09 10:47 PM
Saurin,
Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.
A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.
You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?
Ann
Technically, your H-1B status terminates once you are no longer working for and being paid by your H-1 employer. Being on a LOA does not protect you from this unless the LOA is for reasons that are both personal and out of your control, such as serious illness.
A new employer can file an H-1 petition for you even if your current H-1 has not been cancelled. You will be required to submit recent pay stubs with that application.
You mention AC-21 and having an EAD, but your profile does not indicate that you have a pending I-485. Can you clarify?
Ann
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MatsP
November 18th, 2004, 01:50 AM
I'd just like to add that it would help to see some examples of the images that you're having problems with. It's quite hard to tell from a description what could have gone wrong (or even if it's perfectley expectable, just that you expected the camera to do something else. I've done that more than once ;-)
Upping the ISO is an obvious solution, so is using a different flash than the built-in one, and using the flash directed at the ceiling (or some other white-ish surface, such as a piece of cardboard). By bouncing the flash, you get a more spread out light, and the picture will not be so harsh.
You can probably also lighten the images somewhat in Photoshop (or whatever photo editing software you like to use). This obviously doesn't work if the image is completely black and you want white walls, but if it's one or two stops short of right, you should be able to get it 'almost' right.
But seeing some pictures of yours would most likely help a whole lot more than talking about them...
--
Mats
Upping the ISO is an obvious solution, so is using a different flash than the built-in one, and using the flash directed at the ceiling (or some other white-ish surface, such as a piece of cardboard). By bouncing the flash, you get a more spread out light, and the picture will not be so harsh.
You can probably also lighten the images somewhat in Photoshop (or whatever photo editing software you like to use). This obviously doesn't work if the image is completely black and you want white walls, but if it's one or two stops short of right, you should be able to get it 'almost' right.
But seeing some pictures of yours would most likely help a whole lot more than talking about them...
--
Mats
more...
rajnag21
07-22 09:09 PM
Hi,
Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
Correct me if im wrong and add any info that you may feel is relevant..
Anxiously waiting for reply
Quick question here. Suppose the h1 receipt was not attached and the application was already sent by july2. Can we send in a copy of H1 extension receipt now ?
My h1b visa expired in april 2007 and extension was filed in feb 2007. I94 also expired in april 2007. I am thinking as long as u apply aos application within 180 days of being out of status for any reason we are in status.
Correct me if im wrong and add any info that you may feel is relevant..
Anxiously waiting for reply
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texcan
09-02 04:58 PM
I will be taking up a new job and I have been told by the new employer that, benifits will start after 30 days.
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
I presently have insurence through my employer. My understnading is that, insurence stops the day I leave the present employer. Now how do i handle the stop gap in insurence to be on safer side...??
Any help is appreciated...
AFAIK you can continue your insurance coverage as it was from previous employer only difference is that you will have to pay for it. Ask HR or Insurance Agent assigned/responsible for your employer.
Alternatively you can buy short term insurance, i used Fortis many times in past. Its very cheap and will cover you between jobs. Search for short-term coverage.
HTH
-s
more...
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ss_col
08-21 12:15 AM
You are very eager to get an answer to make your case. Have you contributed?
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indio0617
01-30 10:28 AM
It should not be an issue. I know several people who have done this on a regular basis.
You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.
You can re-enter the country with an unexpired H1 visa stamp and by showing the new I-797. Change of employers does not invalidate a H1 visa stamp.
more...
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Blog Feeds
08-08 09:30 AM
These are fun and hot summer days for us Immigration lawyers filing H1B cases (http://www.h1b.biz/lawyer-attorney-1137085.html). As employers are starting to hire again, we are faced with the challenges of the new Labor Condition Application System, iCert.
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
The Labor Condition Application is a document which must be certified by the US Department of Labour and it an integral part in the H-1B applications. This document details the terms and conditions of employment, details of the employer, the work profile, rate of salary, prevailing salary (it means the lowest salary that can be paid to a h-1b visa holder) and the location where the h-1b holder will work. As of July 1, 2009 all LCA applications must be done via the icert system (http://icert.doleta.gov/)
In the past week or so many LCA cases came back with denial notices. The notices had the following language:
Reason for Denial: Section C.12 of this application contains an obvious inaccuracy. The Federal Employer Identification Number (FEIN) value entered in Section C.12 of the ETA Form 9035E could not be verified by the CNPC as a valid nine-digit FEIN assigned by the Internal Revenue Service (IRS). In order for the employer to overcome the issue identified on the denial determination for any future LCAs submitted using this exact FEINThe solution according to AILA for correcting an LCA denial when DOL states it cannot verify the FEIN is to provide FEIN documentation to the LCA Helpdesk in Chicago. This morning, DOL revised the FEIN-based iCERT denial notice, and it contains information on what documents to send via email to DOL or by fax. We hope this will resolve the problem and the unnecessary delays as the system takes almost a week to process a regular case. We will keep you posted.
More... (http://www.visalawyerblog.com/2009/08/h1b_visa_lawyer_about_icert_wo.html)
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neerajkandhari
11-14 03:04 PM
I saw two lud on my i-485(yesterday and today) What does that mean?
I have completed my biometrics, received EAD and approval notice for AP has been sent.
Can somebody clarify on this please??
what is ur PD
I have completed my biometrics, received EAD and approval notice for AP has been sent.
Can somebody clarify on this please??
what is ur PD
more...
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mhathi
09-12 03:41 PM
my case was sent to TX office on 6/29 for 7/2 delivery and i checked online the receipt date was 7/31. dont know why. should be 7/2
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.
but i got FP notice on 9/10 for appt dt = 9/25
hope this helps.
are you from MD? I received FP notice for 9/25 as well. just wondering.. maybe we will see each other if you are from Baltimore.
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GCSOON-Ihope
11-04 10:02 PM
How often does a denial happen in a case of H1 "transfer"? Do you know? Why would a transfer be denied?
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
How often is an H1 denied? I have no idea but it happened to me...twice!
The first time, the attorney screwed up. The company fired him ...and me as well since I was then out of status (long story that I will post someday, maybe...):mad: Second time, I never knew the details but the company appealed... and won.
All that can happen on any type of application of course. Everybody makes mistakes, and even without mistakes, no approval can never be guaranteed in advance.:(
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sundarraj_us
07-17 08:38 PM
IV Core Team - You have done a great job... No doubt about it.. I already said my sincere thanks to you guys in earlier post and would say it again - Thank You !!!!
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
I concur
BUT GUYS, dont you think we should thank USCIS Director Emilio Gonzalez as well for honoring original July visa bulletin?
His comments from the bulletin sounds so honest
�The public reaction to the July 2 announcement made it clear that the federal government�s management of this process needs further review,� said Emilio Gonzalez, USCIS Director. �I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.�
Everone is busy to appreciate work done by IV Core team, Zoe Lofgren, media and all IV team members.. But we are forgetting the man who signed off on the visa bulletin... without it, we wouldn't be celebrating...
Whatever happened on 07/02, it happened. I dont want to get into details of "why" the flipflop happened... But I sincerely thank Emilio Gonzalez for giving us the opportunity to file for I-485 with the old fee structure. Thank you, Sir.
I concur
mchundi
12-17 10:54 PM
Can any senior Guy/Guru confirm this...
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
"USCIS have suspended the AC21 act" is it so? And when USCIS suspended AC21?
I only meant some provisions(relating to 7% country quota). This is already discussed by Gravitation in this forum. Sorry for the confusion. AC21 is congressionally mandated. USCIS can only interpret it and come up with an implementation as per the law. They cannot deviate much.
desi3933
02-25 01:08 PM
You are wrong. Since she is currently on an H1B, her previous H4 stamp is invalid. She will need to get it restamped. When she returns, at the port of entry, unless she gets her H4 restamped, her status will be H1B and she will not be let in on her old H4 stamp.
>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.
Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.
__________________
Not a legal advice.
US Citizen of Indian Origin
>> Since she is currently on an H1B, her previous H4 stamp is invalid.
Incorrect. Total BS in your post.
Re-entry using H4 visa will get her back into H4 status, like your attorney suggested.
__________________
Not a legal advice.
US Citizen of Indian Origin
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