aristotle
01-31 01:27 PM
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
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eager_immi
01-31 01:44 PM
aren't u contradicting urself?
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
Revoking the previously approved I140 doesn't invalidate the H1 extension/transfer. But to get further extensions/transfers, you need A) labor pending for one year OR B) approved I140 from the new employer.
mbartosik
02-25 10:32 PM
Pappu is right (on earlier post on this thread)
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
To maybe make a little more clear, because the processing dates do not make any distinction between EB classes (EB1, EB2, EB3) when one EB class moves forward in the visa bulletin, then the service center may have to go backwards in processing date to process these because they received them earlier.
If they still pre-adjudicated they might not need to move the date backwards, but if they pre-adjudicated we are more likely to loss GC. For example if they adjudicate 180,000 applications per year, but that included 80,000 pre-adjudications then we would loss 40,000 visas that year. So now they adjudicate what they can issue visas for.
That being said there is still often no clear reason (to us) behind the dates. It would cause less frustration if clear reasons for dates were given.
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desiin_va
06-13 09:35 AM
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
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amsgc
05-07 10:12 PM
I wish the USCIS took this out as a requirement for AC21. Then life would be sweet!
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
from AC21 memo issued on December 27, 2005
Question 14. Must the alien have a new offer of employment at the time the I-485 is being adjudicated under the I-140 portability provisions?
Answer: Yes. The alien cannot still be looking for �same or similar� employment at the time the I-485 is being adjudicated under the adjustment portability provisions. The alien must be able to show there is a new valid offer of employment at the time the I-485 is adjudicated.
So find a new job before I-485 is approved.
raysaikat
01-29 12:22 PM
My sister got her H-1B in 2008 but didn't work for her employer due to health problems. After about 3 to 4 months she left for India and recovered. Over there she joined a multi-national who sent her on B1 this year. (She already had traveled on B1 from a very old employer and used that).
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
Now after coming here on B1, she has a job offer from an Indian MNC. My understanding is that the MNC will have to file two petitions:
1. A Change of Status from B1 to H1B
2. A I-129 requesting H-1B (or H-1B transfer)
Question -
a) Can she start working for the Indian MNC after filing both of these two, or will we have to wait for both approvals?
She must wait for H1-B approval (I-797) form. In addition, if the I-797 does not have an attached I-94, then she must go out of the country, get H1-B stamped (if she does not have one) and reenter on H1-B VISA before she can start working.
b) Do we require paystubs from the original H-1B employer from 2008 for H-1B transfer? My understanding is that paystubs are usually required to establish one is currently in status, but she is on B1 right now and not H1B.
Attorneys, please advise.
Much thanks in advance,
P
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kicca
01-24 09:48 PM
^^
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chanduv23
09-29 02:05 PM
I was wondering what one would see in the online case status if an RFE/NOID is issued. Anyone has any text that would appear on the Case status application?
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
RFE - "We have sent a letter requesting further information ......."
NOID - Usually no message - atleast in my case (only soft LUD)
When you respond - The status is "Response received case reopened ......."
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deardar
12-10 01:36 PM
Some one few days ago posted that the she was was adviced by the lawyer to hand over Photocopies of AP and keep the original for herself.
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
So do you have to give them the original or have them take a photocopy of it and give you back the original ?
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redddiv
07-11 08:03 AM
i liv ein boca raton
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sparky_jones
04-09 10:14 PM
Dear All,
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
1. State her true current status. If she's switched to H1B, state "Temporary Worker".
2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
3. It should be the date of expiry of your current I-94.
We have applied for our 485 in August 07 with myself as Primary applicant and my wife as dependent. My wife later got her H1B in october but we haven't updated her status as H1b to USCIS in the 485 processing. Recently we moved to a new place and wanted to change the address online. I suppose I and my wife have to fill the Ar-11 form individually. When trying to fill for my wife, I got some questions.
Please clarify:
1. I am in the United States as a ___ (Should this blank be filled with H4 or H1B for my wife? If I say H1b will there be any problem as I added her to my GC process as a H4. Also, should her employer details be given in the form?
2. Copy number from Alien card? Is this the I-94 number or passport number or alien number on the finger printing sheet?
3. If not a permanent resident, my stay in US expires on ____ (Should this be the same date as her H1B end date?)
I really appreciate any help on these questions at the earliest. It will be 10th day tomm. after moving into new place and I just noticed that the form ar-11 says that USCIS must be notified of address change within 10 days of moving.
Please help me clarify these questions.
Thank you,
Ramg
1. State her true current status. If she's switched to H1B, state "Temporary Worker".
2. Alien Number from FP sheet. It should also be on the I-485 receipt, EAD card and AP.
3. It should be the date of expiry of your current I-94.
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rb_248
04-10 04:39 PM
How many for MSFT + Infy ?
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karthiknv143
06-20 12:27 PM
^^^^^^^^
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alterego
10-19 08:15 PM
Buy only if you have a time horizon of over 5 yrs now. Preferably 10 yrs.
If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.
Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.
The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.
Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.
Good luck!
If you are in the enviable position of having a lot of cash or a big income ie cash flow. Then buy in steps every few months over the next 12-18 months, depending on when you see the recovery coming. Generally stocks predate the economy by 6 months and vice versa.
Here is my guess. This recession will be deeper and longer than other recent ones. I'm thinking recovery by 2010 at best here. So, I'm guessing the stocks markets will languish here or hereabouts for atleast a few months. If the credit markets improve, you might see a relief rally of 20% or so, but when the economic reality of deleveraging sets in, a pull back is likely. So much of 2009 will likely be ripe with long term investment opportunities.
The recovery will be more anemic than previous credit driven expansions as credit will almost certainly be more difficult to obtain going forward. So forget the days of 20 plus percent stocks gains, if you're making 10% you are making a killing going forward. If doubling or slightly better for your money in 10 yrs sounds like a good deal to you, that is the kind of deal you can probably expect and should go ahead and invest. If you feel you can do better elsewhere, buy that. We will see virtually no home price appreciation for the next 5 yrs, and perhaps a little longer. The concept of real estate as an investment is now out of vogue and will be so for some time, that along with tougher credit, and an inventory overhang will flatten any price appreciation anytime soon.
Taxes will almost certainly go up in some way or the other and future earnings power will probably erode in the coming decade. From the immigrant community perspective the best we can hope for is that the US decides to use the tax code to encourage savings by switching to a consumption tax and encourage savings and investments. It remains to be seen what approach they will take to taxes. In my view to purely tax the rich will not be as successful (though it will almost certainly be part of the mix of measures) as a more comprehensive and thoughtful overhaul.
Good luck!
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sammyb
11-19 12:21 PM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
because of page cache or they posted it today ... just wondering ... anyway thanks for the info ...
because of page cache or they posted it today ... just wondering ... anyway thanks for the info ...
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heywhat
08-03 06:23 PM
This is kind of fraud. My previous employer was not ready to give me experience letter so one of my friend recommended same but I did not feel comfortable doing that ( not due to fear of USCIS REF ). Just recently I came to know from one of my friend that INS randomly checks with employers and verifies experience letters. So keep your fingure crossed.
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
To qualify for EB2, you need detail experience letter if you do not have masters. Also I do not think you need experience letter at LC stage, but usually lawyer asks all these upfornt because they can advertise it as per roles and responsibilities performed by you. You still have time to talk to your lawyer and take that letter back. In meantime talk to your ex-employer or manager to issue letter ...
Administrator, please delete this thread .. we do not want to give more scoring points to our opponent..
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WaldenPond
02-24 11:57 AM
Here is my honest opinion.... you guys need to highlight the fact that IV is equlally concerned about PBEC issue. This is what i have heard and read from a lot of folks... Just to let u guys know that even my app is stuck with PBEC..
The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.
I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.
Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.
In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.
I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.
This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.
The main goal of IV is to bring an end to labor processing delay in the backlog center and I-485 retrogression. We have consistently mentioned this in all possible forums. This has been clearly mentioned on home page. And if there is anybody who has any doubt, could you please request them to please call at (281) 576-7185.
I am beginning to realize that for some people who do not want to contribute, there will always be plenty of reasons and plenty of excuses not to participate & contribute. I think these people are the once who are actually responsible for the problems of all of us. Our problems do not originate in the slow GC process or the existing bad legislation. Our problems originate due to the people who are always looking for reasons to not participate or do anything or these people who are always looking for reasons to feel offended. And these people are sure doing a wonderful job because there will always be plenty of reasons to feel offended or not feel part of the group or not find enough motivation to feel part of the bigger community.
Asking questions or requesting a specific item in the goals is one thing. People beating the drum of transparency �. That is no big deal either. Everybody is entitled for their opinion. But people watching from the sidelines or for the people who want to include agenda as Goals of the IV or for the people putting conditions to their contributions, here is what I have to say to you. I would sincerely request you to never visit Immigration Voice or any other immigration related forum or website. You guys are the real problem because you are the once helping to foster the current system by not participating in brining the change. At the end of the day, know that you are the real culprits not the system which will be shaped by the contribution of each of us.
In last 2 weeks the contributions has really come down drastically. Everybody please note that we are running very low on the funds collection. All of us have two choices. One, contribute for this cause generously and lead the friends and acquaintances by example and tell them to do the same. Secondly, find reasons to not participate or not to contribute due to this, that or whatever �. The choice is entirely yours. But with your choice also understand whether you are being part of the solution or part of the problem. And whatever you do (including posting negative messages), I would sincerely request everybody to ask yourself one question, whether you (or your post) are strengthening or weakening this effort.
I would like to request all the members who have not yet contributed to please contribute generously. Please put your money where your mouth is. This effort or any similar effort for that matter cannot do much without the necessary funds that only come in the form of contributions from its members. And for those of us who have already contributed in the past, its time to please contribute more and help to fuel this effort.
This is not just about the life of the people who started this effort or the core/active members who have taken the initiative and responsibility. This is about all of us whether or not you feel part of it or not. It doesn�t make any difference how you feel about the situation or state of affairs. Why? Because this will be over very soon. And for the people who want to continue to ponder over this idea of whether or not they have a sense of belonging to IV, I would sincerely request you to please understand and know that by any contribution to this effort, you are strengthening your our voices. Know that this is not about anybody else but you.
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lccleared
08-26 06:04 PM
I have not received it either, where as my spouse and child got theirs 10 days back. Wonder whats happening, called up USCIS they asked me wait for couple of more days.
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paisa
07-04 03:42 PM
Gurus, need a lil help clarifying issue in GC process.
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
I've a question regarding location of work place for a H1B employee filing GC process.
I've learnt that either after filing I-140 or I-485 stage, one should maintain as an employee at the same job position(job description as mentioned in LC) and also the geographical location. I've learnt instances where if an employee is half way through (lets say approved labor or I-140) his GC process has to start all over if he had to move to another branch of the same company in another city/state.
Is this true? I might be wrong about the infomation above but I'm concerned as being consultant, I might have to move to a different city or state if I find a better project and am contemplating whether this would be an issue in future for my green card.
If I'm right, employer has to file LCA for prevailing wage for current city I'm residing now. What will be the process incase I've to move to another city/state.
I'd really appreciate if someone who has better official info or gone through this can clarify my queries so ppl like me can be better informed.
Thanks in advance.
Your LC is approved for your location. If your location changes you need a LC for that location. This is what I had found out a few years back. Things might have changed since then. Other thing my friend told me about this. So I am not sure what the actual rule is. better to confirm from lawyer
imm_pro
02-27 12:47 PM
wow..this is probably the first time DOL has presented the data in such a nice manner..
it should be a slap on the face of all those who oppose skilled immigration,saying that most of the h1bs work for indian outsourcing companies for miserable pay..
This data completely contradicts that myth..out of the top 10 companies that filed for labor in 07..9 are american and 50% or more have a graduate degree..
it should be a slap on the face of all those who oppose skilled immigration,saying that most of the h1bs work for indian outsourcing companies for miserable pay..
This data completely contradicts that myth..out of the top 10 companies that filed for labor in 07..9 are american and 50% or more have a graduate degree..
fran5477
02-19 09:44 AM
Sorry to read about your 485 being rejected. Mine was too, my lawyer sent the wrong fee. They tried a second and a third time and came rejected for incorrect fees. I have not tried the InfoPass because they state clearly that applications will be rejected for incorrect fees. I did a lot of crying and I am very angry at my lawyer. My PD is Jan 05. My daughter got robbed of the opportunity to work and who knows how long it will take. She will surely age-out. However, don't give up maybe things will change soon.
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