panky72
05-08 05:09 PM
I am curious too.
scenario looks simple but would like to see the real cases.
I am completing 6 yrs on H-1 in June. I have applied for 3 yr extension with the same company in march. I-140 is approved and 485 is pending. My lawyer said that there wont be any problem getting 3 yr extension.
scenario looks simple but would like to see the real cases.
I am completing 6 yrs on H-1 in June. I have applied for 3 yr extension with the same company in march. I-140 is approved and 485 is pending. My lawyer said that there wont be any problem getting 3 yr extension.
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lazycis
11-12 09:12 PM
Look for a job, that should be your primary concern. It should be easier to find a job with EAD. No need to freak out.
Ryall
10-03 01:58 AM
I have a friend that went through an online site and payed to take some classes, took some tests, submitted some forms and recieved through mail a certificate - a LEGAL certificate that allows him to marry people (in a very legally binding sort of way). No joke the kid is pretty silly. He is just waiting for the drunken couple at some college party that takes him up on it! haha
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pappu
02-01 11:58 AM
There are some old threads on this topic. You may want to do a search this site to dig out more helpful information on Ability to Pay.
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BharatPremi
03-24 01:09 PM
Does Codes have to be same or similar ?
I have on my LCA srats with 15 (15-1051) and says Compute Systems Analyst.
Can I take new position which starts with 15 but is (15-1031) Computer Software Engineers, Applications.
Does it have any issues ?
If job description is similar then is it OK?
thanks for any information
My lawyer tells me that if you comeup with 15-1051 based new job having GC filed under 15-1051, it would be great. If you can manage "15" then he will have to manage "long cover letter" but still manageable. But if you come up with new job other than "15" then it would be to say "do not give me green card". Please consult your lawyer before accepting the new job.
I have on my LCA srats with 15 (15-1051) and says Compute Systems Analyst.
Can I take new position which starts with 15 but is (15-1031) Computer Software Engineers, Applications.
Does it have any issues ?
If job description is similar then is it OK?
thanks for any information
My lawyer tells me that if you comeup with 15-1051 based new job having GC filed under 15-1051, it would be great. If you can manage "15" then he will have to manage "long cover letter" but still manageable. But if you come up with new job other than "15" then it would be to say "do not give me green card". Please consult your lawyer before accepting the new job.
nitinba
06-04 06:22 PM
Hi,
One of my friend got fired today, he is on H1b. His American consulting company has sent visa cancellation as well to USCIS today. He has job offer from a big company sent visa transfer papers to their attorney 2 days back but they are saying transfer application preparation will take 1 week (you know how big companies work). What are his options?
Will he be in trouble if visa cancellation reaches before transfer petition? I heard employee have 10 days time to find a new job? Please help this is panic situation for my friend.
Thanks!!
One of my friend got fired today, he is on H1b. His American consulting company has sent visa cancellation as well to USCIS today. He has job offer from a big company sent visa transfer papers to their attorney 2 days back but they are saying transfer application preparation will take 1 week (you know how big companies work). What are his options?
Will he be in trouble if visa cancellation reaches before transfer petition? I heard employee have 10 days time to find a new job? Please help this is panic situation for my friend.
Thanks!!
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thepaew
05-04 01:23 PM
The Hill reporting:
Sen. Jeff Sessions (R-Ala.) will take over the ranking member position on the Senate Judiciary Committee after striking a deal with his more senior colleagues over the weekend, sources confirm to The Hill.
Sessions and Sen. Chuck Grassley (R-Iowa) reached the deal that will allow the Alabama Republican to take over for Sen. Arlen Specter (D-Pa.), whose departure from the GOP last week left the committee without a ranking member.
Under terms of the deal, Sessions will serve as ranking member until the 112th Congress, when he will take over the ranking member post on the Senate Budget Committee. Current Budget Committee ranking member Judd Gregg (R-N.H.) is retiring at the end of the 111th Congress.
Grassley, the top Republican on the Finance Committee, will then become ranking member on the Judiciary Committee.
Last week, Grassley had enlisted the help of Sen. Orrin Hatch (R-Utah) in positioning himself for the top slot on the committee. Under the deal floated then, Hatch would have taken over Judiciary for the remainder of the 111th, with Grassley taking the helm once his tenure on Finance expired.
The seven Republicans who remain on the Judiciary Committee after Specter's departure will meet to vote on Sessions's ascension early this week. Once they do, the decision goes to the full Republican Conference, which usually ratifies decisions the committee makes. Sources could not recall a ranking member vote made by a committee that was not, in the end, ratified by the full conference.
The move is likely to please conservative organizations around Washington who are gearing up for a fight over the eventual nominee to replace retiring Supreme Court Justice David Souter. The departure of Specter, who had long been one of the leading GOP voices on judicial appointees, had robbed the Republican conference of an obvious spokesman.
Conservative groups, who have already held conference calls to begin organizing a response to President Obama's eventual nominee, were wary of putting Grassley atop the Judiciary Committee if a fight were to break out. The organizations viewed Sessions as the better spokesman, and more likely to lead the Republican charge in questioning the nominee.
Though Republicans are likely to face a filibuster-proof Democratic majority when the nominee heads to the Senate, conservative opposition groups said they would push senators to ask tough questions, in line with those Chief Justice John Roberts and Associate Justice Samuel Alito faced when they underwent confirmation hearings.
Leading conservative legal strategists have admitted they have little chance of pursuing a filibuster � even facing only a slim deficit, Democrats were unable to block either Roberts or Alito � though that has not stopped them from gathering intelligence on leading contenders for the nomination.
Already, those groups have spread around opposition research on top contenders like Appeals Court Judge Sonia Sotomayor and Yale Law School Dean Harold Koh.
There are strong indications (but nothing fully confirmed) that Sen. Grassley will be taking the ranking member slot at Judiciary, and of course relinquish his ranking member position at Finance.
Sen. Jeff Sessions (R-Ala.) will take over the ranking member position on the Senate Judiciary Committee after striking a deal with his more senior colleagues over the weekend, sources confirm to The Hill.
Sessions and Sen. Chuck Grassley (R-Iowa) reached the deal that will allow the Alabama Republican to take over for Sen. Arlen Specter (D-Pa.), whose departure from the GOP last week left the committee without a ranking member.
Under terms of the deal, Sessions will serve as ranking member until the 112th Congress, when he will take over the ranking member post on the Senate Budget Committee. Current Budget Committee ranking member Judd Gregg (R-N.H.) is retiring at the end of the 111th Congress.
Grassley, the top Republican on the Finance Committee, will then become ranking member on the Judiciary Committee.
Last week, Grassley had enlisted the help of Sen. Orrin Hatch (R-Utah) in positioning himself for the top slot on the committee. Under the deal floated then, Hatch would have taken over Judiciary for the remainder of the 111th, with Grassley taking the helm once his tenure on Finance expired.
The seven Republicans who remain on the Judiciary Committee after Specter's departure will meet to vote on Sessions's ascension early this week. Once they do, the decision goes to the full Republican Conference, which usually ratifies decisions the committee makes. Sources could not recall a ranking member vote made by a committee that was not, in the end, ratified by the full conference.
The move is likely to please conservative organizations around Washington who are gearing up for a fight over the eventual nominee to replace retiring Supreme Court Justice David Souter. The departure of Specter, who had long been one of the leading GOP voices on judicial appointees, had robbed the Republican conference of an obvious spokesman.
Conservative groups, who have already held conference calls to begin organizing a response to President Obama's eventual nominee, were wary of putting Grassley atop the Judiciary Committee if a fight were to break out. The organizations viewed Sessions as the better spokesman, and more likely to lead the Republican charge in questioning the nominee.
Though Republicans are likely to face a filibuster-proof Democratic majority when the nominee heads to the Senate, conservative opposition groups said they would push senators to ask tough questions, in line with those Chief Justice John Roberts and Associate Justice Samuel Alito faced when they underwent confirmation hearings.
Leading conservative legal strategists have admitted they have little chance of pursuing a filibuster � even facing only a slim deficit, Democrats were unable to block either Roberts or Alito � though that has not stopped them from gathering intelligence on leading contenders for the nomination.
Already, those groups have spread around opposition research on top contenders like Appeals Court Judge Sonia Sotomayor and Yale Law School Dean Harold Koh.
There are strong indications (but nothing fully confirmed) that Sen. Grassley will be taking the ranking member slot at Judiciary, and of course relinquish his ranking member position at Finance.
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bkshres
04-01 01:38 PM
The thing that I didn't understand is that if I-94 expiration does not matter in pending AOS status then why I-94 is issued with expiration of 1 year when you enter USA using Advance parole? What is the meaning of 1 year expiration in I-94 when somebody enter USA using advance parole? I was looking for any official note or memo explaining its valid to stay even if I-94 expired if you have pending AOS. Something like we have official memo for AC21 portability. I was looking for something official document saying I-94 expiration is not a problem for pending AOS.
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ArkBird
06-22 06:49 PM
As far as I know, any expense for H1B is employer's responsibility. It has NOTHING to do with prevailing wages. I think she(lawayer) meant if you are "well paid" i.e. above prevailing wages, why not pay for your H1B which again is BS...
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jotv
10-06 10:56 PM
hai i am new to this site . i have some questions dont think badly.
i am on h4 .i and my husband got EAD's. here are my questions experts please answer . i will appriciate u.
1) if once i showed my ead in driving office for the purpose of new driving license , that means will it come under actually using ead ?
2) if once i showed my h1 in driving office for the purpose of new driving license , that means will it come under actually using h1 ?
3) using ead for the purpose of ssn with out donig work will it come under actually using ead ?
4) using h1 for the purpose of ssn with out donig work will it come under actually using h1 ?
5) by showing ead if once i got ssn , shall i work on h1 with the same ssn ?
6) by showing h1 if once i got ssn , shall i work on ead with the same ssn ?
7) using ead if i got ssn , then what about my h4 status is it normal like before appplying ssn ?
8) using h1 if i got ssn , then what about my h4 status is it normal like before appplying ssn ?
9) my h1 validity is upto 2010 . if i am going to use my ead now, then in the future ( if needed before 2010 or after 2010 with extension ) shall i use my h1 ?
10) how to use ead with out cancelling h1 ? ( because for future safety purpose i need h1 also) plea.....se suggest me experts ?
i am on h4 .i and my husband got EAD's. here are my questions experts please answer . i will appriciate u.
1) if once i showed my ead in driving office for the purpose of new driving license , that means will it come under actually using ead ?
2) if once i showed my h1 in driving office for the purpose of new driving license , that means will it come under actually using h1 ?
3) using ead for the purpose of ssn with out donig work will it come under actually using ead ?
4) using h1 for the purpose of ssn with out donig work will it come under actually using h1 ?
5) by showing ead if once i got ssn , shall i work on h1 with the same ssn ?
6) by showing h1 if once i got ssn , shall i work on ead with the same ssn ?
7) using ead if i got ssn , then what about my h4 status is it normal like before appplying ssn ?
8) using h1 if i got ssn , then what about my h4 status is it normal like before appplying ssn ?
9) my h1 validity is upto 2010 . if i am going to use my ead now, then in the future ( if needed before 2010 or after 2010 with extension ) shall i use my h1 ?
10) how to use ead with out cancelling h1 ? ( because for future safety purpose i need h1 also) plea.....se suggest me experts ?
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bigboy007
06-03 07:37 PM
even CIR passes bill or not recently INS / USCIS has targeted many small companies when they are requesting H1B extensions or new for providing details of H1B holders as proof of not being consulting there is a way out for this. I dont think this will ZERO down .
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Phil Jayhan
01-25 03:49 AM
Thanks for the atta boy, however, I will give a pat on the back and a whooping attaboy, and perhaps even a glow in the dark salami with their initials on it, if someone, anyone can help me find a way to reverse this. My Fla is frellin 9 megs now because of Swift 3D or Flash or whatever. Life would have been so much easier if I could allow people to view my Fla and help correct foundational errors. But who wants to download a 9 meg Fla just to answer a question? I know now why snoopy spent all his time on top of his doghouse; It was as far away from the computer in the house as he could possibly get. :( (FRELL!!!) I removed everything, but it's ghost remains, haunting my Fla. Put this one in the K-files.
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plassey
09-04 10:04 PM
This seems to be a genuine case, my prayers are with you and your family. Though it is a tricky situation but be positive!
Question to gurus: Can congressmen help him out on this? Can some IV volunteers give him a call and accompany him to the congressmen office.
I am not suggesting to circumvent the law but how about:
Leaving USA by road to Canada and not depositing his I-94 on his way out and at the same time have someone mail his AOS to his home country The assumption here is that he will get his AP in 30 days of his leaving the country
Last week I lost my job even when I was on medical leave and today I got a phone call call from India about a major health condition for my father.I have to leave for India tommorow and I do not have a job so no H1b.Also as my previous H1 was not stamped I do not know how to come back.My only hope is my advance parole which was filed on July 02.Can I come back on that without a problem.Also how much time does that take to come.I have recd my notices of 485,131 ,765.Please help.
Question to gurus: Can congressmen help him out on this? Can some IV volunteers give him a call and accompany him to the congressmen office.
I am not suggesting to circumvent the law but how about:
Leaving USA by road to Canada and not depositing his I-94 on his way out and at the same time have someone mail his AOS to his home country The assumption here is that he will get his AP in 30 days of his leaving the country
Last week I lost my job even when I was on medical leave and today I got a phone call call from India about a major health condition for my father.I have to leave for India tommorow and I do not have a job so no H1b.Also as my previous H1 was not stamped I do not know how to come back.My only hope is my advance parole which was filed on July 02.Can I come back on that without a problem.Also how much time does that take to come.I have recd my notices of 485,131 ,765.Please help.
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Libra
09-19 05:07 PM
thank you mbartosik for the dedication, i think if we can make atleast 100 from 23000 members to sign up for recurring, i think will have enough money for ads. atleast those 20000 members should understand by now what we are doing here.
I just increased my monthly contribution to $100.
I just increased my monthly contribution to $100.
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claudia255
09-21 06:30 PM
I hope someone from IV Core reads this thread. We shouldn't wait until next week to decide what to do about this. It might be the last chance we have for Congress to consider any legislation regarding employement based visas this year.
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53885
10-19 04:08 PM
3. EADs � What should an applicant do when it has been more than 90 days from filing and he or she has not received an EAD receipt notice or the EAD itself? How will USCIS be able to issue all of these EADs when it is delayed in issuing the receipts?
* Response: We understand from USCIS that they intend to finish receipting and issuing all EADs by the end of October, if not before. If it has already been 90 days and you have not received the EAD, please call USCIS customer service (1-800-375-5283) and email our office at cisombudsman.publicaffairs@dhs.gov.
I called USCIS and I was told that it may take another month or 2 for EAD card as they are heavily backlogged. I have also send email to Ombudsman.
On last Friday's teleconference Ms. Roger from USCIS said that one should have received EAD if it has been more than 90 days. Well, I received my receipt after 110 days.
* Response: We understand from USCIS that they intend to finish receipting and issuing all EADs by the end of October, if not before. If it has already been 90 days and you have not received the EAD, please call USCIS customer service (1-800-375-5283) and email our office at cisombudsman.publicaffairs@dhs.gov.
I called USCIS and I was told that it may take another month or 2 for EAD card as they are heavily backlogged. I have also send email to Ombudsman.
On last Friday's teleconference Ms. Roger from USCIS said that one should have received EAD if it has been more than 90 days. Well, I received my receipt after 110 days.
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AgentM
02-28 07:52 PM
Thank you for that concise information.
But you still need the proper job code or atleast the right description of duties for the AC21.
How long will this employer make money out of me without giving me my proper due? (just whinning)
I wonder if there is another legal way to make such employers be more responsible ?
Thank you.
But you still need the proper job code or atleast the right description of duties for the AC21.
How long will this employer make money out of me without giving me my proper due? (just whinning)
I wonder if there is another legal way to make such employers be more responsible ?
Thank you.
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talash
08-27 10:12 AM
I just called NSC .got a lady who had just woke up from sleep .She told me she wouldnt be able to confirm if there was any issue with mising PD of biometrics and advised me to WAIT .
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msp1976
02-01 09:50 PM
I have same questions with one more addition
Q ) Suppose F1 transfer approved, wife graduates does 1 yr OPT works on OPT but at end of OPT wants to move back to H4 is it possible ?
As long as you have a valid H1, she can get H4 anytime and if denied you can go fight in court....Usually if you are going from any other to H4..they would not bother you much....
Q ) Suppose F1 transfer approved, wife graduates does 1 yr OPT works on OPT but at end of OPT wants to move back to H4 is it possible ?
As long as you have a valid H1, she can get H4 anytime and if denied you can go fight in court....Usually if you are going from any other to H4..they would not bother you much....
desi3933
03-16 11:47 AM
Guys,
Thanks in advance for urgent advice for my bro..
His employer of 5 people if filing a H1 and the lawyer document says some fees can be paid by the beneficiary. I never heard that a beneficiary must pay. Please advise on the 2 points below..Do you guys think this is OK. Other fees are listed as to be paid by employer.
1. Filing fees for the H-1B are $320.00. This fee may be paid by petitioner (employer) or beneficiary (employee). Please note, if the beneficiary is paying this fee, please let our office know as adjustments to the H-1B petition will be required
2. A new Fraud Prevention and Detection Fee of $500.00 may be paid by petitioner (employer) or beneficiary (employee) seeking a beneficiary’s (employee’s) initial grant of H-1B classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitioners exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500.00 fee applies to petitions filed with the USCIS on or after March 8, 2005.
http://www.dol.gov/esa/whd/FLSAEmployeeCard/H1BEnglish.pdf
http://www.dol.gov/esa/whd/regs/compliance/FactSheet62/whdfs62A.pdf
.
Thanks in advance for urgent advice for my bro..
His employer of 5 people if filing a H1 and the lawyer document says some fees can be paid by the beneficiary. I never heard that a beneficiary must pay. Please advise on the 2 points below..Do you guys think this is OK. Other fees are listed as to be paid by employer.
1. Filing fees for the H-1B are $320.00. This fee may be paid by petitioner (employer) or beneficiary (employee). Please note, if the beneficiary is paying this fee, please let our office know as adjustments to the H-1B petition will be required
2. A new Fraud Prevention and Detection Fee of $500.00 may be paid by petitioner (employer) or beneficiary (employee) seeking a beneficiary’s (employee’s) initial grant of H-1B classification or those petitioners seeking to change a beneficiary’s employer within those classifications. The only petitioners exempt from paying this fee are those that seek to amend or extend the stay of the beneficiary. This new $500.00 fee applies to petitions filed with the USCIS on or after March 8, 2005.
http://www.dol.gov/esa/whd/FLSAEmployeeCard/H1BEnglish.pdf
http://www.dol.gov/esa/whd/regs/compliance/FactSheet62/whdfs62A.pdf
.
mhathi
05-30 04:46 PM
I finished my 6 month period and was planning to move on AC21 to a different company and the employer is threatening me that he would withdraw my GC application if I move. I'm little worried and I've read some posts that after the 6 month period and if your I140 is approved (which in my case is true) the employer can't do anything about it. Can anyone share their experiences if they went through a similar thing ?:mad:
Employer can withdraw the underlying I-140 on the basis of which you have filed I-485. However, AC21 protects you in this scenario as long as you can produce an employment letter from new employer offering you a job that is same or similar to the one stated in I-140.
Employer cannot withdraw I-485. 485 belongs to you.
Employer can withdraw the underlying I-140 on the basis of which you have filed I-485. However, AC21 protects you in this scenario as long as you can produce an employment letter from new employer offering you a job that is same or similar to the one stated in I-140.
Employer cannot withdraw I-485. 485 belongs to you.
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