sayantan76
10-09 09:38 AM
http://www.businessweek.com/bwdaily/dnflash/content/oct2008/db2008108_844949.htm?chan=top+news_top+news+index+-+temp_news+%2B+analysis
One could only hope that BusinessWeek readers perceive this as a case of a few bad apples and not the whole cart.
are we kidding ourselves......when times are bad - most people like to look for external reasons to blame.......
US Citizens who read this would readily accept that H1B workers are the cause of all job-losses.
One could only hope that BusinessWeek readers perceive this as a case of a few bad apples and not the whole cart.
are we kidding ourselves......when times are bad - most people like to look for external reasons to blame.......
US Citizens who read this would readily accept that H1B workers are the cause of all job-losses.
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madhuthomas
03-04 02:51 PM
Great find, Thanks for sharing the information Ramana.
Thanks
Thanks
addsf345
02-26 09:13 PM
On this case, I am getting mixed anwsers
Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).
Second lawyer is saying that i should stop working on denied petition.
Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess
In fact, I am planning to get advice from murhty too...
Any thoughts on this.
RG said u can work.
Employer's lawyer is saying that i can continue to work since have valid I-94 and they are going to appeal. Lawyer called USCIS officers and USCIS officers confirmed this ( !!!).
Second lawyer is saying that i should stop working on denied petition.
Once you apply for appeal or motion your H1B peition status changed from 'Denied' to 'Pending' and you may continue to work for employer. - this is my guess
In fact, I am planning to get advice from murhty too...
Any thoughts on this.
RG said u can work.
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veritas1
10-16 10:12 PM
I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
more...
martinvisalaw
08-10 06:43 PM
How much time did the attorney ask for on the I-129 and LCA? If either is just one year, then there's no basis for appeal. CIS did nothing wrong.
fullhouse
08-23 01:18 PM
I am dependent on our GC application. We had provided initial Finger prints in July 2007. I got an FP notice in 2009 and have just received another FP notice for next week. Meanwhile, the primary applicant on our application has not recd any biometrics appt since the 07 initial set.
Is there anything to be concerned about?
TIA
Same thing happened to my wife, but I received only once after filing 485 in 2007. Apparently, USCIS is unable to refresh my wife's FP automatically after 15 months (got this from infopass). Also, I have seen this happening to NSC-CSC-NSC transferred applications and we are one of them. No worries our 485 was approved last week.
Thanks
Is there anything to be concerned about?
TIA
Same thing happened to my wife, but I received only once after filing 485 in 2007. Apparently, USCIS is unable to refresh my wife's FP automatically after 15 months (got this from infopass). Also, I have seen this happening to NSC-CSC-NSC transferred applications and we are one of them. No worries our 485 was approved last week.
Thanks
more...
goatlip
10-24 02:41 PM
Here is an example of what legoman was talking about above.
3D shadow example (http://www.joshandmaggie.com/outlier/holder.html)
email me and I can send you the .t3d file if you like.
3D shadow example (http://www.joshandmaggie.com/outlier/holder.html)
email me and I can send you the .t3d file if you like.
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vin13
03-08 10:25 AM
Hi Everyone,
I did not get back any responses. So I am posting it again. Can someone please advice?
My PD is EB2March 2005.
My position titles are not same though the job is similar.
My salary is 35% more
Please advice if it is too risky to file for AC21
There has been many discussions about AC21. Please search for them and read.
If you have a job in same/similar you should be OK.
There is no form or application to fill. Some prefer to inform USCIS but not a requirement.
With your priority date, why don't you wait for end of this fiscal year to see if your GC gets approved.
I did not get back any responses. So I am posting it again. Can someone please advice?
My PD is EB2March 2005.
My position titles are not same though the job is similar.
My salary is 35% more
Please advice if it is too risky to file for AC21
There has been many discussions about AC21. Please search for them and read.
If you have a job in same/similar you should be OK.
There is no form or application to fill. Some prefer to inform USCIS but not a requirement.
With your priority date, why don't you wait for end of this fiscal year to see if your GC gets approved.
more...
ck_b2001
08-19 02:07 PM
I have a generic question which some you might know the answer to:
1) Why TSC is late in issuing receipt compared to NSC?
2) Looks like more applicaiton were filed at NSC than at TSC, Why?
3) Why even then TSC is late in issuing reciept?
4) Which one is faster in approving 485, TSC or NSC?
5) Does any body know how many application each service center recieved during the VB fiasco?
1) Why TSC is late in issuing receipt compared to NSC?
2) Looks like more applicaiton were filed at NSC than at TSC, Why?
3) Why even then TSC is late in issuing reciept?
4) Which one is faster in approving 485, TSC or NSC?
5) Does any body know how many application each service center recieved during the VB fiasco?
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Blog Feeds
04-23 10:10 AM
In the past week or so we have been receiving many requests for evidence on all H1b cases filed on April 1, 2009. The RFEs received by us and practitioners across the country so far appear to only request that the single page of the I-129 Data Collection sheet be sent with the TARP question answered.
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
more...
kpraveenn
01-24 02:32 PM
Hi Guys,
I need your opinions/suggestion regarding the following:
I am working as a software professional, my job is a permanent full time job.
I got a labor certification and 140 is still in the process. I am willing to own a company and buying 100% of its shares(not a listed company). The company is incorporated in the state of Michigan. It is a small business company. I will not be serving the company's operations in regular hours and will not be actively involved in the day to day business. I will not be given any designation in the company.
I have the following questions if I own this company:
1. will this have any effect on my current or future any stages(140/485) of Green Card If I own this company.
2. After I own the company, Can I transfer the company profit funds from company bank account to my personal account.
3. Is it possible to own a company without any designation given.
4. After i own this company, will it be treated as I have 2 jobs.
Thank you so much for you time and reading this post.
Please let me know if anyone has any opinion(s) in this situation.
by - voice of a fellow immigration applicant
I need your opinions/suggestion regarding the following:
I am working as a software professional, my job is a permanent full time job.
I got a labor certification and 140 is still in the process. I am willing to own a company and buying 100% of its shares(not a listed company). The company is incorporated in the state of Michigan. It is a small business company. I will not be serving the company's operations in regular hours and will not be actively involved in the day to day business. I will not be given any designation in the company.
I have the following questions if I own this company:
1. will this have any effect on my current or future any stages(140/485) of Green Card If I own this company.
2. After I own the company, Can I transfer the company profit funds from company bank account to my personal account.
3. Is it possible to own a company without any designation given.
4. After i own this company, will it be treated as I have 2 jobs.
Thank you so much for you time and reading this post.
Please let me know if anyone has any opinion(s) in this situation.
by - voice of a fellow immigration applicant
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kshitijnt
05-04 08:24 PM
Is there any way H1B can qualify as a EB1C?
more...
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SKK2004
08-22 10:45 AM
PD Aug 2004, EB-2 India
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
I-140/I-485 applied in August 2007 at TSC (non-concurrent)
I-140 approval in March 2008
Spouse 485/AP/EAD applied August 2008 (received receipt notices)
Self EAD applied August 2008 (received receipt notices)
Till date I have not received my FP notice. I applied for my EAD (even though I am not planning on using it) hoping to jump start my pending 485 and get the things rolling for FP and processing of 485. Surprisingly, I got my EAD approval email on Aug 17th and I received my EAD card in the mail yesterday. It is valid for 2 years. It says finger prints not available. No change in the pending 485 status.
I am totally perplexed about receiving the EAD without FP and so is my attorney. Can someone give me an idea of what is going on? Any input is appreciated! Thanks much!
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yaratnaparkhi
10-05 02:23 PM
Myself and my wife are both on H1-b. Our 485 was applied in Jul 07. I have to apply for EAD by myself. Can I apply for EAD now and then apply for AP(I-131) at a later time ?
more...
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VMH_GC
07-23 07:06 PM
Gurus,
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
can you please tell me whether I-94 expiry date should be taken from I-94 CARD given at the port of entry or I-94 from H1b Extension approval notice when filling up I-485 Form?
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sdudeja
04-18 10:45 PM
I found out that it was RFE to get me credentials evaluations and copies of degrees. My employer has already sent those. Thanks for the response though.
more...
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desixp
04-09 09:40 PM
Hello,
Yes, you can file I140 Premium Processing for a substitute labor. I have done that. Got approved in 9 days.
Good Luck.
DesiXP
Yes, you can file I140 Premium Processing for a substitute labor. I have done that. Got approved in 9 days.
Good Luck.
DesiXP
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cps060
01-31 04:28 PM
If I-140 has been approved, would it still be fine to apply for transfer from H1-B to F1 status by using form I-539 & university issued I-20 ? How long does it take to transfer status from H1B to F1 ? When can one start school �. Only after I-539 approval or after only applying ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
For pursuing an MBA, does it matter if one is on F1 or H4 (spouse is on separate H1)
How long does it take to transfer status from H1B to H4 ?
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snathan
05-07 12:12 AM
Hello all:
Applied for 140 transfer TSC June 2007. Have not heard anything since, I mean absolutely nothing. Is this due to the backlog?? I am starting to get worried as I checked my status and all it says is, the received date and that when there is update they will let us know.
Did any of you apply 140 transfer in TSC around that time? Any news on those? Any case that it could've been lost?
Big question to the experts is, what do I do to make sure they are working on it and my application is in queue.
TIA!!
What do you mean by transfer. You can not transfer I140, you can only port the PD.
Applied for 140 transfer TSC June 2007. Have not heard anything since, I mean absolutely nothing. Is this due to the backlog?? I am starting to get worried as I checked my status and all it says is, the received date and that when there is update they will let us know.
Did any of you apply 140 transfer in TSC around that time? Any news on those? Any case that it could've been lost?
Big question to the experts is, what do I do to make sure they are working on it and my application is in queue.
TIA!!
What do you mean by transfer. You can not transfer I140, you can only port the PD.
sbmallik
09-07 09:08 AM
Please note that an I-485 approval invalidates the H-1B visa.
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
I would travel to the US before Advanced Parole expiry to obtain the GC and return. I am not sure of any exceptions - please post the question in 'Ask a Lawyer' section ASAP.
Asian
10-26 09:35 AM
Hi,
My GC is still a far away thing for me. But I want to know this to prepare potential interview questions.
After getting a Green Card, as far as I know, if you live outside of U.S. longer than 6 months, you lose your Green Card.
Does that also apply if you are dispatched by your company (supposedly big U.S. corporation) to a overseas office for a couple years?
Thank you for sharing your knowledge!
Best,
Asian
My GC is still a far away thing for me. But I want to know this to prepare potential interview questions.
After getting a Green Card, as far as I know, if you live outside of U.S. longer than 6 months, you lose your Green Card.
Does that also apply if you are dispatched by your company (supposedly big U.S. corporation) to a overseas office for a couple years?
Thank you for sharing your knowledge!
Best,
Asian
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