abhijitp
01-28 08:14 PM
Tomorrow evening, can you rise to the occasion???
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canmt
10-19 01:25 PM
The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
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sabr
09-18 03:37 PM
If I work little less than 40 hrs will it be considered as part time? Can I use EAD at that time ?
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rally
07-13 03:04 PM
Dont we need to wear saris and dhotis , we are followers of Gandhian principles ?
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seahawks
03-27 12:54 AM
you can volunteer for your future employer as long as there is no financial transactions involved.
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kirupa
06-04 09:20 AM
Golgi's site was one of the worst sites I have ever seen - the intro was long and the midi was annoying. Good job! :)
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gkaplan
04-22 02:37 PM
thanks again:
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
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paskal
08-22 03:04 PM
" Rally in each state" is a fantastic idea. Lets do it.
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
but has the unfortunate effect of diluting DC rally attendance and attention. plenty of fence sitters will not bother to travel. also the effect of a large DC rally is far far more significant that multiple small rallies. your good intentions are much appreciated...but please help with the main rally...we need a massive one!
But lets concentrate on one location in Texas and for that matter in
every state to pack more punch.
I think everyone can drive to one common location in texas.
Since Austin is capital, i propose rally in Austin for Texas.
Let do it.
but has the unfortunate effect of diluting DC rally attendance and attention. plenty of fence sitters will not bother to travel. also the effect of a large DC rally is far far more significant that multiple small rallies. your good intentions are much appreciated...but please help with the main rally...we need a massive one!
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nlssubbu
10-02 11:38 AM
Thanks for the response and I have recd the same kind of response from my lawyer too. What I find confusing is everyone cautions me saying "As a backup, maintain your H1." Is there a real need to maintain a backup? Meaning if I need to maintain my H1 why should I apply for EAD for myself? Or is it so that I can continue on H1 right now with my same company and If I get laid off I can use EAD to get another job (not everyone hires H1-Bs) and in later case my daughter will be covered because our AOS is pending? In that case if I leave the country I can reenter using our receipts and APs, is that right?
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
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bmoni
12-22 11:55 AM
Guys, Currently i am in my 7th year. I-140 pending planning to move to another company after my I-140 approval. My understanding if you have a approved I-140 you get to keep the priority date even if you didn't apply 485...
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
But when i talked to my attorney he said only i can keep the I-140 if i apply 485 and its 180 days pending ...guys could you please verify is this true...
If it not could you please point to necessary document so i can shed some lights to my attorney ..
Thanks,
Viva IV
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bmoni
12-22 12:59 PM
GC_2007,
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
When we change employer i think we can't keep the Priority date
Its been clearly stated bolded when you change employer you will lose your 1-140 PD....any thoughts or am i misreading it.
once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
(A) Determining the Priority Date. In general, if a petition is supported by an individual labor certification issued by DOL, the priority date is the earliest date upon which the labor certification application was filed with DOL. In those cases where the alien�s priority date is established by the filing of the labor certification, once the alien�s Form I-140 petition has been approved, the alien beneficiary retains his or her priority date as established by the filing of the labor certification for any future Form I-140 petitions, unless the previously approved Form I-140 petition has been revoked because of fraud or willful misrepresentation. This includes cases where a change of employer has occurred; however, the new employer must obtain a new labor certification if the classification requested requires a labor certification (see
the section on successorship of interest).
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fuzzy logic
07-01 12:25 PM
Only yesterday I had a converstion with my compnay lawyer on this topic.
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
Her view is that I would have to amend the H1 for any location and/or responsibility changes.
Thanks for the response. Is this a relatively easy process for the company or is it as cumbursome as applying for new H1B. Also I am hoping that this would not affect the GC process - Right?
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dealsnet
06-15 08:50 AM
A moron gave me RED for posting advice and narrated a true incident.
See the comment came along with the red. He didn't feel sorry for the implicated poor guy.
" he deserved it! who walks into a stranger's house? i hope his ass got raped in prison! "
See the comment came along with the red. He didn't feel sorry for the implicated poor guy.
" he deserved it! who walks into a stranger's house? i hope his ass got raped in prison! "
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Beemar
08-30 01:20 AM
Hi frnds,
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Can you name them? I think I can help.
I used to work for a company A in california.. Boss is kind of using very bad language constantly and torchers almost everyday. Is there any1 who can help me out or has similar situations. Is there any1 that i can file a complain. Since he knew that I am on H1B and international student he was continuously abusing. any help would appreciated.
Tanx.
Can you name them? I think I can help.
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kak1978
08-04 04:46 PM
gchopes,
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
We are in the same situation, I was researching this online in different sites and yes, you have to return before your old AP expires or leave only after your current pending AP is approved. If your current AP expires while you are away you are considered to abondon your adjustment of status. Now i have read some people have done this without any problem, because may be the problem doesn't arise until your I-485 comes up for approval. So I have decided not to take any chances with this rule.
The following message from murhy forum over 3 years ago is still true. Correct? I cannot mail the renewed parole to my wife if she stays beyond the expiry of current parole.
--
It is not permissable for an individual to leave the United States during the validity of one Advance Parole document and return upon the validity of a second Advance Parole document.
In such circumstances and after such travel, the USCIS may deem that the adjustment of status application has been abandoned.
---
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chris
02-08 11:05 PM
Did you contacted congressman or opened any SR's ?
I'm also in the same boat. Cases after me are getting approved.:)
I'm also in the same boat. Cases after me are getting approved.:)
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Macaca
12-15 11:49 AM
I have not seen the USCIS catalog for H1B rules. I assume it should be available online at the state deptt.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
My lawyer told me that you are in status as long as your application is being processed by USCIS. I don't know if you are in status if you apply for H1B and the quota is over for the year. I understand that USCIS may say that your application is not under consideration.
You can not start working before the start date mentioned on your H1B.
I understand that your OPT is expiring before the start of H1B. Is this correct? I was told by HR from Sun that you have to leave the country for the period.
I remind you that I have not seen the USCIS catalog.
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GCVivek
04-28 06:08 PM
This is another fake story and push to try to get Congress to do something about easing immigration. 150K entrepreneurs have returned home. Really? I have not seen more than 100 Indian+Chinese NEW companies - worth their name - come up in the last at least 10 years. And about 5000 US firms that are making waves have come up in the US, 90% of which are started by born-Americans.
Moral: those that returned home were not entrepreneurs!
Moral: those that returned home were not entrepreneurs!
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eb3_nepa
07-12 04:49 PM
The FBI name check is a bottleneck agreed. BUTTT It has NOTHING to do with the recent VB fiasco!
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
Some people were approved by the USCIS even WITHOUT the name checks. This is entirely a US Dept of State vs USCIS mess.
TheCanadian
11-25 12:24 AM
Just wait till the end and vote for the one that's closest to winning.
I voted for that fish monster thing, pretty slick.
I voted for that fish monster thing, pretty slick.
rocky74
07-20 12:35 AM
Only those whose labor got approved prior to July can apply for 140/485. August Bulletin says "U" for all categories
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.
It is hard to predict when the numbers will be available again in the future. They may open up for EB1 and for other countires except India, China, Phillipphines and Mexico.
You mean labor approved in July or Labor filed in July and approved before August 17. I understand that Priority date of July means that you must have filed the LCP in July.
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