rb_248
09-10 09:06 AM
Category India Most Other Countries
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
E1 Current Current
E2 1 April 2003 Current
E3 1 July 2001 1 January 2005
anilsal
12-10 12:46 PM
Ok, people in Minnesota. Do attend the first concall for IL State Chapter - there may be an update from IV core.
http://immigrationvoice.org/forum/showthread.php?t=2520
http://immigrationvoice.org/forum/showthread.php?t=2520
muthukmk
08-03 04:14 PM
Hi All,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
I have my labor filed and approved for EB3 March 2005 PD. My I140 too has been approved in June 2007. I filed for 485 on July 2nd. I would like to know whether I can now start a fresh EB2 and also apply for I140 and use the older Eb3 priority date of March 2005. I have not changed my company I need guidance for experts in this regard.
Just for information, my I140 was approved after I had applied for 485
Regards,
karthic
12-19 08:26 AM
Hi a_yaja,
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
Thanks for you reply. Sorry i didn't post the entire paragraph from the memo. I have attached the USCIS Memo with this post. You can see the following paragraph on the page 17 of the Memo
My Inference from Memo:
When a cap-exempt employee files for concurrent application with cap subjected employer then the employee will be counted against the cap only if he stops the employment with cap-exempt employee. If the UCSIS finds that employee have not ceased from cap-exempt employer then UCSIS won't consider the petition against cap. In other words the concurrent petition will be approved but still the employee won't be counted toward cap.
Please let me know if i am wrong. Thanks
Below is the paragraph from the attached Memo
Requests for Changes in Employment or Concurrent Employment Requests
for Certain Cap-Exempt Aliens.
Any alien who ceases to be employed by an employer described in
paragraph (5)(A) shall, if employed as a nonimmigrant alien described in
section 1101(a)(15)(H)(i)(b) of this title, who has not previously been counted
toward the numerical limitations contained in paragraph (1)(A), be counted
toward those limitations the first time the alien is employed by an employer
other than one described in paragraph (5). (Emphasis added.)
Documentary evidence, such as a current letter of employment or a recent pay
stub, should be provided in support of such a concurrent employment petition at
the time that it is filed with USCIS in order to confirm that the H-1B alien
beneficiary is still employed in a cap-exempt position.
At the time of filing of a concurrent employment H-1B petition that is subject to
the numerical limitation of 214(g)(1)(a):
� If the H-1B alien beneficiary has not �ceased� to be employed in a cap-
exempt position pursuant to INA �� 214(g)(5)(A) and (B), then he or she will
not be counted towards the cap.
If the H-1B alien beneficiary has �ceased� to be employed in a cap-exempt
position, then the alien will be subject to the H-1B numerical limitation, and
the concurrent employment petition may not be approved unless a cap
number is available to the alien beneficiary.
If USCIS determines that an H-1B alien beneficiary has ceased to be
employed in a cap-exempt position after a new cap-subject H-1B petition has
been approved on his or her behalf, USCIS will deny any subsequent cap-
subject H-1B petition filed on behalf of the H-1B alien beneficiary if no cap
numbers are available.
more...
anurakt
01-14 07:55 PM
You need visa to enter or exit. When you exit you need to turn in I94 on the pp with the stamp of your entrance as well as your new extension. On entrance they will check the old visa and write down the visa number on the new I94 that they officer will provide. The I94 usually has the visa duration as the end date. Next you apply for an amended h4 to reflect the new I94 number which was provided at the POE. Asfar as I know the I94 date is always linked to a visa and not the Notice of Action.
what's the process for amending H4 and how much time does it take ?
what's the process for amending H4 and how much time does it take ?
gcnirvana
06-22 12:12 PM
If you have MS Office Document Image Writer installed in your system then after editing ur PDF, you can print it to MDI and it will save it as an .mdi format. You can take a print out of it later at your convenience. Only issue is, it saves it as an image and you cannot edit an .mdi doc :o
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
Dude. Filling up forms is not a one time job and not 100% accurate the first time. U will make changes right???
more...
bongopondit
08-11 10:13 PM
Guys,
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!
I got my approval today after the CP appointment. I am still waiting for my passports though. I will update you guys with details once I receive my passports.
Congrats !! Do post your experiences. Mine is next week at Mumbai - but still waiting for a PCC from the RPO !!
eb3India
04-26 06:12 PM
Many senators particularly republicans did know that last Year CIR has no chance of getting thru the house, since it was election year they tested water and did a favourable thing mainly to gain latino's vote, However this year is different, Democrats controles house and senate, none of the republicans want to give credit of passing CIR to democrates, McCain backed off as he was running for President and siding on Iraq war is good enough for him to defend popularity contest.
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
This year entirly depends on Bush administration backdoor negotiation, if he was able to get 70 Republicans there is good chance Nancy Pelocy will table the bill for debate, otherwise we have no chance in hell
more...
billu
08-23 08:47 PM
H4 visa is the worst possible visa in the world.anytime you file for a h4 visa, there is no premium processing and it usually takes 4-6 months for approval. you cannot work on h4 visa and you are dependent on your spouse. as soon as possible, switch to F1 visa. benefits of F1 visa:
she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)
she can earn on-campus (20hrs/week) and can have a SSN
after graduation, she will get OPT which will allow her to work immediately after graduation
Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)
you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)
Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!
she will have her own status (in future, god forbid, if you lose ur job, you can always stay in US on F2 until you find another job)
she can earn on-campus (20hrs/week) and can have a SSN
after graduation, she will get OPT which will allow her to work immediately after graduation
Some Univs also offer CPT after 9 months of enrollment on which you can work fulltime if your schedule allows (several of my friends started working full time on CPT and took online/weekend courses)
you can get ALL in-state benefits on F1 that you would on H4. as long as you can demonstrate that she has been in the state for more than 6 months/1 year (depending on the state)
Get rid of h4 as soon as possible. that is the worst visa which has kept thousands of professional well qualified persons jobless for years!!
rockstart
06-21 06:28 PM
The business analyst you are mentioning is classified as systems analyst in USCIS code. In this case its prefereable to have computers or electrical degree. A civil engineering degree is little difficult to understand
Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
Other than a MBA or MS, what else could be a better qualification for Analysts / Business Analysts??? Why shld they question the need for Masters? I was of the opinion that for a Business Analyst type profile, MBA would be apt / required to perform the duties.... your thoughts?
more...
forever
08-03 10:24 PM
Any link?
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
http://www.uscis.gov/files/pressrelease/ReceiptingTimes080307.pdf
GCeffect
02-09 02:38 PM
Because Company C and A have different FED TAX ID. so they are considered as different business......
I didn't raise any question beacuse both the company was ran under the same roof.
During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.
Pelase response
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
I didn't raise any question beacuse both the company was ran under the same roof.
During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.
Pelase response
If Company A and C are related business entities, why H1-B transfer was needed from C to A.
>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?
Did you put this information in Employment History for I-485? What was your last entry into USA?
_______________________
Not a legal advice.
US Citizen of Indian Origin
more...
anreddy77
07-09 11:04 PM
I feel there is no better country than India in the long run..believe me!!!
ronhira
12-31 09:13 AM
You don't need a "path to citizenship" to family reunification. Please do not link A-B and so C-D. They are totally two different issues.
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
agree 100%..... aila tries to project that it represents immigrants..... aila actually doesn't represent immigrants..... it works for the benefit of its members ..... i.e. immigration lawyers...... most immigration benefit if more people like us are stuck in the system..... if there r more applicants..... & more people stuck in the system.... then more immigration lawyers will make more money...... so family unification which has nothing to do with path to citizenship..... somehow become related...... or even synonymous.... 3 cheers for representatives of "immigrations"........
more...
sunnymit
08-10 02:11 PM
Well we had Hindu marriage in May. We have our marriage card, pictures, witnesses etc. So I was under the impression that I would be able to get certificate from registrar. Here is info I got
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
Hindu marriage registration in India is fine. I was wondering how would one get it registered here in US. I would think you would have to marry here to get it registered. Right?
"
Under the Hindu Marriage Act:
Parties to the marriage have to apply to the Registrar in whose jurisdiction the marriage is solemnised or to the Registrar in whose jurisdiction either party to the marriage has been residing at least for six months immediately preceding the date of marriage. Both the parties have to appear before the Registrar along with their parents or guardians or other witnesses within one month from the date of marriage. There is a provision for condonation of delay up to 5 years, by the Registrar, and thereafter by the District Registrar concerned."
Hindu marriage registration in India is fine. I was wondering how would one get it registered here in US. I would think you would have to marry here to get it registered. Right?
onemorecame
04-13 01:59 PM
Congratulations..
more...
waitin_toolong
09-17 10:52 AM
I dont understand your first question, what do yo mean be switch to company A using EAD as well as on H1 for B.
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
you cannot use both H1 or EAD at the same time.
If company A is dying then it might be better to switch with the understanding that I-140 will not be revoked but if an RFE arises then someone will be able to provide docs etc.
As for H1 renewal you cannot pay yourself maybe an equivalent reduction in salary might work
tempy
09-22 09:09 AM
Thanks, yes our last names were different.
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
I told the postman.
Its been more than 2 weeks and I didnt get any response from USCIS after updating the address.It still shows initial review.
Does anyone know how long it would take for the USCIS to resend the card?
I'm in a similar situation and I opened an SR today. Did you see any movement?
Thanks,
kvranand
08-18 04:19 PM
This process will extended the life of H1's by another 3 years for those who are in their 6th year of H1 with priority dates in their 6th year. :)
roseball
02-09 03:20 PM
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Yes, you are right. I thought it was the other way around. Thanks for correcting. A new LCA should be enough.
krogot
02-17 01:25 AM
Thank you for your answers