mantagon
11-25 11:12 AM
I have a approved H1b from company A. Company A also shared a copy of approval. I was never counted under H1b cap before this approval. If I now decide not to join company A and assuming company A will not cancel H1b, can I use this H1b to join another company B later using H1b transfer�???? I am presently on cap except H1b and need a cap subject H1b in order to move to any private firm. So approval from company A matters a lot to me.
Has anyone done this�????
Thanks in advance...
IMO, you cannot do this as you are moving from a cap exempt H1 to a non-exempt H1. So, in this case it will be regarded as a fresh H1 application and not a transfer. If you want to join Company B, then they have to file a new H1 application which will count towards the cap. Hope this helps!
Has anyone done this�????
Thanks in advance...
IMO, you cannot do this as you are moving from a cap exempt H1 to a non-exempt H1. So, in this case it will be regarded as a fresh H1 application and not a transfer. If you want to join Company B, then they have to file a new H1 application which will count towards the cap. Hope this helps!
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ragz4u
03-28 09:45 AM
Please post your responses here
http://immigrationvoice.org/forum/showthread.php?t=407
http://immigrationvoice.org/forum/showthread.php?t=407
swamy
06-08 11:09 PM
i know what you're talking about - this obsession w/pre-adjudication is ridiculous!i for one support dismantling the current vb based 485 filing lottery system that utterly makes no sense whatsover! let people file 485 as and when 140 is approved and get rid of this cynical vb based filing -
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JeffDG
02-08 07:43 AM
For your information, most employment in the United States is "at will", which boils down to, the employer can dismiss you at any time for any, or no, reason whatsoever.
The fact that it's "retaliation" is not likely relevant.
They owe you notice of termination, or pay in lieu of notice, so a couple of weeks.
The fact that it's "retaliation" is not likely relevant.
They owe you notice of termination, or pay in lieu of notice, so a couple of weeks.
more...
kishorek111
06-28 02:16 PM
do you really need to worry about this? Here are your options...
1. Let your children keep Indian citizenship... Don't report about your Canadian citizenship to Indian authorities... Travel separately to India.. Don't take your kids with you... might be call your parents and ask them to take your kids... I don't think it would be a problem while coming back....and I don't think Indian authorities will find it....
2. Get Canadian citizenship for your kids and take OCI card... They can always get back their Indian citizenship later
1. Let your children keep Indian citizenship... Don't report about your Canadian citizenship to Indian authorities... Travel separately to India.. Don't take your kids with you... might be call your parents and ask them to take your kids... I don't think it would be a problem while coming back....and I don't think Indian authorities will find it....
2. Get Canadian citizenship for your kids and take OCI card... They can always get back their Indian citizenship later
bp333
10-10 09:05 AM
Updated...
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent
Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).
jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?
I-485 Rejected/RND:09-21/I-140 Not Found/USCIS error/Re-file date:10/09/07/Recevied By: 10/09/07/Status:No news after re-sent
Mine was rejected on 9/19 "Missing or incorrect fee" haven't received the reject notice yet. Since 90 days have passed my attroney has decided to refile a RECONSTRUCTED APPLICATION on Monday (10/15).
jcrajput: How long did it take for you to receive the rejection notice/package. Did the notice ask you to refile ?
more...
Blog Feeds
09-09 07:20 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
The Board of Alien Labor Certification Appeals (BALCA) recently affirmed the final determination of a Certifying Officer (CO) denying certification. The Employer filed an Application for Permanent Labor Certification (http://www.mvplg.com/CustomContentRetrieve.aspx?ID=2699890) for an alien worker for the position of �Programmer."
An Audit Notification was issued on September 11, 2007 for the purpose of providing evidence of recruitment and documentation. The Employer submitted the necessary forms for the audit: a copy of the ETA Form 9089, recruitment report, prevailing wage determination, Notice of Filing, copy of the job order; evidence of employee referral program, and copies of newspaper advertisement. The CO denied certification due to the lack of documentation from the Employer that showed the job was advertised on its website and job search websites. The employer then requested a review on December 13, 2007 stating there was no copy of these postings and they couldn�t make a print out due to an internal error. The CO issued a letter of reconsideration indicating the Employer did fail to provide adequate documentation and did not overcome the deficiencies in the determination letter. The Employer filed a Statement of Intent to Proceed with the appeal and an appellate brief but the CO still asserted that there wasn�t enough documentation and that was a valid reason for denial in its appellate brief.
PERM (http://www.mvplg.com/LaborCertification) regulations 20 C.F.R. �656.17 (e) (1) (ii) controls and it provides that when an employer advertises a professional occupation, there are additional steps they can take advantage of: advertising the position on the company website and advertising the positing on job search websites. These steps should be documented and all applications for employment filed with the Department of Labor must be kept by the employer for 5 years. In the instant case, the Employer failed to provide enough documentation that the position was indeed advertised on multiple websites. The only supporting data from the Employer was a signed recruitment report.
Accordingly, the Board affirmed the decision of the CO in denying labor certification.
In the Matter of Trans Atlantic Systems, Inc. (http://www.aila.org/content/default.aspx?docid=32567)
More... (http://www.h1bvisalawyerblog.com/2010/09/balca_affirms_denial_finding_r.html)
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raj3078
01-31 06:02 PM
I have been reading lot of threads lately on IV...While I am in same boat as all of you, I feel really stressed out after reading these threads. Almost feels sad about myself and others. I feel we need stress reduction...So lets get back to what we find the most fun. Prediction of VB Priority dates for Marc07.:D
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
Let me start by guessing myself
EB1 - All current
EB2- World -C, China 22nd May 05, India - 1st Feb 03, Everyone else current
EB3- Not sure if even God can predict here:confused:
Raj
more...
srgadi
10-01 07:25 PM
Ours got approved approved today 10/01/2010.
Cheers
Raj:)
Congrats. Waiting for mine..
Cheers
Raj:)
Congrats. Waiting for mine..
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seanl
08-07 03:22 PM
I received an RFE that put my I-485 on hold,
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
"In order to process your application further you will need to submit the following:
1. Evidence of your lawful admission or parole into the United States. Such evidence includes, but is not limited to, Form I-94 Arrival/Departure Record, or a copy of the nonimmigrant visa page of your passport showing admission to the United States.
OR
2. If you last entered the United States without inspection, you must submit evidence of your eligibility for adjustment of status under section 245(i) of the Immigration and Nationality Act (INA). To be eligible for adjustment under 245(i) of INA, you must be the beneficiary of an immigrant visa petition or application for labor certification filed on or before April 30th, 2001. Unless not required in the instructions for Supplement A, you must pay the required section 245(i) surcharge fee.
Please submit evidence of eligibility under section 245(i) of INA and a completed and signed Supplement A to Form I-485. Evidence of eligibility includes Form-I797, Notice of Action for Form I-130, I-140, or I-360. This form must have been filed on or before April 30th, 2001. You must have been the beneficiary, spouse of the beneficiary, or eligible childe of the beneficiary. The relationship had to exist on or before April 30th, 2001 or when the petition was filed."
I came across from Canada when I was five years old as a visitor, did not have a passport as one was not required to enter the U.S. from Canada. When we entered we intended to visit my mothers husband and then all of us go back to Canada. However we decided to stay here. My question is, what can I provide as evidence of entering the United States since I did not have a passport and entered as a visitor so I do not have an I-94, and I believe I dont apply to the 245(i).
I called Immigration and they mentioned form I-102 to replace I-94, theres an option E on the form that says "I was not issued Form I-94 when I entered as a nonimmigrant, and I am filing this application together with an application for an extension of stay/change of
status." Would this be the right route? Would I receive an I-94? Is there something else I need to send?
more...
s416504
11-04 10:57 AM
Does any one knows if I485 pending people (180Plus Days) eligible for State Unemployment Benefits?
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rhlsur
05-07 03:01 PM
Hi, Thanks for replying. Just verifying - is the tax number the same as employer identification number (EIN)?
more...
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Venkat_175
03-28 04:59 PM
Hi,
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
I changed employer in 2010 so my wife got new H4 valid until 03/2013 ( I-94 valid until 03/2013). She traveled to India last year and while returning she did not show her new H4 approval to immigration office so got I-94 until 08/2011 (old H4 was stamped until 08/2011).
My question is does she need to file I-539 for I-94 extension? If yes, process is similar like any other(B1, B2) extension? I appreciate any kind of help.
Thanks,
Venkat.
Thank you all. Visited border protection office and they extended I-94.
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aim-high
03-24 04:32 PM
I am planning to apply for Schengen visa in an Italian consulate. I have an expired H1 but a valid AP. According to the italian consulate website, here is one of the visa requirements
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
"passport or travel document valid for at least three months after visa expiry date"
My passport is expiring in 2 years but my AP will be expiring in about 2 1/2 months from the Schengen visa expiry. Will I have an issue getting a visa ?
Do I have a workaround ?
Thanks
more...
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gc28262
03-09 06:14 PM
Gurus,
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
My lawyer received Ability to Pay rfe on my I-140. My lawyer is ready with most of the documents
Duration to be covered
2004-2008
My docs ready for the duration:
W2s ( 2004 - 2008)
Tax returns ( 2004 - 2007)
Paystubs ( recent )
Company docs ready:
Tax returns: 2004 - 2007
However for year 2008, company has requested IRS an extension to file tax return.Company is trying to come up with audited financial statement for year 2008. They are still working on it.
However deadline for filing RFE response is this Wednesday ( 03/11/2009)
My questions:
1. Can my lawyer ask for an extension for filing RFE response in this scenario ?
2. Are there any alternatives if my company cannot come up with audited financial statements in this time frame ?
I appreciate your inputs.
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vsuri
11-05 03:44 PM
I applied to Texas Service Center for renewal of my AP. E-filed on 8/25. Approved on 11/5.
more...
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rim1122
10-05 10:54 PM
Hello,
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
My husband's employer told him that the 6 year H1 B stay cap has been eliminated since the year 2008. Is that true?
Does it mean that as long as the USCIS approves your H1-B extension you may apply even after 6 years?
Thanks.
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mohican
05-16 11:07 AM
As the title suggest, it is meant for folks who have invoked AC21 (1-140 approved, I-485 filed & pending more than 6 months, job desc almost similar) successfully and unsuccessfully.
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
If you have successfully transferred, can you comment on the experience, any denial notices that you had to overcome? Have you got the green card finally?
If unsuccessful, what issues are you facing? Is there some work around or going back to desh is the only option?
Thoughts/Comments--from AC21 league members.
Thanks
Mohican
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ItIsNotFunny
11-06 09:37 AM
what i mean is i am currently working full time with Company A. But I am thinking of making additional income by working for another company on part time basis. Can I file another concurrent H1? And if this concurrent H1 will be based on annual H1 quota?
I heard once that there is a special category for parttime H1. Better check with attorney.
I heard once that there is a special category for parttime H1. Better check with attorney.
battineni
06-09 10:46 AM
Really good work by IV team
ras
01-11 11:26 PM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
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