eb3_2004
04-07 02:01 PM
As far as I know, labor subs was banned in 2007...So if labor was substituted before 2007, we need to worry....Other cases who have 140 and labor intact now need not worry abt this rule for AC21..
Correct me if this is wrong...
Correct me if this is wrong...
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amit79
04-13 12:26 PM
gconmind has nailed it perfectly.
eb3_2004
07-05 04:44 PM
there is a Automatic VISA reavalidation Rule that allows u to visit Canada or Mexico and return within30 days only w/o valid US VISA...google it. or search on these forums...
That rule is valid only for normal visits..If u visit a consulate in Canada for an appointment u need to have visa stamped to get back...The rule doesn't work out there...
That rule is valid only for normal visits..If u visit a consulate in Canada for an appointment u need to have visa stamped to get back...The rule doesn't work out there...
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ExoVoid
06-13 05:21 AM
CONFUSED: what is up with those percentages, my count is just a bit above 100...
I get approx 600%
I get approx 600%
more...
TeddyKoochu
01-06 02:57 PM
There is nothing called "upgrade". You can file a second I-140 as EB1-A in parallel. Other than the money and energy spent, there is no downside. AFAIK, there is no "eligibility" for filing EB1-A. In the petition, you must demonstrate that you meet the minimum number of criteria described by USCIS.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
USCIS - EB-1 Eligibility and Filing (http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3a4df271ab0fd010VgnVCM1000000ecd190aRCR D&vgnextchannel=91919c7755cb9010VgnVCM10000045f3d6a1 RCRD)
Sincerest thanks for the information. Iam looking at criteria 1 to 10 in the list that you have provided. I believe that I can gather evidence to satisfy 2 criteria�s completely and maybe 1 partially, does that suffice or there is a rule that atleast say 4 / 10 or X / 10 should be satisfied as a minimum. Most of the criteria�s are actually meant for distinguished people in research, whereas my profile is more of an IT application developer / designer.
chanduv23
12-11 10:57 AM
Country EB1 EB2 EB3
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
S Korea 1,923 7,125 4,727
Philippines 310 2,057 5,625
UK 3,472 2,043 909
Canada 2,368 3,404 1,207
Mexico 1,457 1,348 4,021
Now the question is why is there no 7% quota for South Korea ?
Korea could have been benefited from spillover or they act on Korea only after they find that Korea has indeed used more than 7% - till now it has been only I/C/P/M and they did not pay attention to Korea - now Koorea may be added to this list
more...
arihant
10-26 11:52 AM
I got approval of H1 extension applied on Aug. 06...
Was this premium or regular processing?
Was this premium or regular processing?
2010 Picture+of+tangled+haircut
desitechie
07-13 07:54 PM
Hi,
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.
Recently I transfered my H1 B from X company to Y company & now I am going for my visa renewal. My previous employer is not providing me the experience letter. Though I am having all my paystubs, appointment letter etc. I think I need the experience letter also...So what should I do now. Please suggest me.
Thanks,
Sangeetha K
Experience letter is always useful for H1B and Green Card purposes. Try to take an affidavit from your supervisor(ideal) or colleague listing the duration and technologies involved.
more...
navyug
05-14 10:59 PM
Hi,
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
Received REF this week: for LCA vioation for a particular period.
I ve approved labor, 140 and EAD, still working on valid H1 with the same employer since 2003.
My employer missed filling LCA FOR 2006.
Please let me know if anyone else in the same boat, ANY COMMENT AND ADVICE WILL BE HELPFUL....
You are faking!!!
Here are the reasons...
1) First up there is no candidate name on the LCA. When H-1B is filed, a location specific LCA is sent along with the application/ petition.
2) On subsequent change of location, a location specific LCA is taken out and kept for office records (after displaying on the office notice boards) and copy is given to you. This LCA never has any name(s) on it. A single LCA can be taken for 10 positions. This LCA is never sent to USCIS. USCIS does not keep track of an individual's projects/ clients after the initial approval of H-1B (unless they make a site visit to your employers office and go through each and every work orders and ascertain them against existing valid LCAs, which is very unlikely considering the timeline you are quoting).
3) Yes it is a violation if an LCA is not pulled out for the new location. But that is the problem of the employer not yours and it is highly unlikely the individual will be penalized even if USCIS were to find out the violation after making a site visit.
4) If you suddenly got a nightmare, please state that in your post rather than stating it as a fact. Honest nightmares will still be discussed on this forum.
So Stop faking!!!
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desi3933
02-25 09:07 PM
......
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
what are the options for me?
can I apply for a H1b transfer?
please help
When was your H1-B amendment denied?
What is your current LCA salary vs. original LCA Salary?
more...
GCFever007
07-19 10:04 AM
I was in the same shoes once...did some reseach and gather some info hope it will be helpful to resolve your case.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
You can file spouse 485 later but not always
--------------------------------------------------------------------------------
Following is my scenario and the advice I received from a Top (at least high fee: $250 for a 20 minute phone session) lawyer.
EB3 PD Nov 2002 I-140 Approved Jan/04 1-485 filed June 04. I got married in Dec 04 and we were back in USA in Jan 05. Unfortunately we were 2 week too late to beat the retrogression.
My lawyer told me to file wife's 485 as she is dependent and PD is not an issue. Absolutely wrong. USCIS returned her application after 5 weeks.
We waited almost 2.5 years to finally file her application in June 07. I got approved on 23 June but we are OK since her application was filed before that
Key:
1. Get married before your GC approval (before/after 140/485 does not matter as long as you are not approved.
2. Bring spouse on H4 (No derivative status with EAD so maintain H1)
3. Keep all the documents ready (Birth certificate/Marriage certificate etc.)
4. Follow visa bulletin as soon as dates are current get medical test completed
5. File her 485 (Make sure USCIS receives it after the dates become current)
(If USCIS receives your application before dates being current they may still accept the package and reject it after couple of weeks. )
6. What if you are married before GC approval but get approved before her 485 is filed
1. Spouse out of USA
No other way but to file 'Follow to join' in home country. Spouse will not be able to entry on any other visa before his/her GC approval.
2. Spouse in USA on his/her own status ( i.e. wither H1/L1/F1 etc.)
File 485 as a derivative no special processing
3. Spouse in USA as your dependent ( i.e. H4 etc.)
he/she will be 'out of status' as soon as your GC is approved. Inspected by an immigration agent at entry point. Not on parole. You can file 485 under [Section 245(K)] within 180 days. No special processing. NO fines.
Please talk to a reputed lawyer before doing any thing.
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kaisersose
06-02 04:05 PM
can i get a h1 done from a desi employer just to protect the h4 status and join the other company thats offering me a job with my ead.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
the h1 from the desi employer will not be having pay stubs but thats only to get h1 status.
For you or for her? Getting a H is not easy (you will have to wait till Oct 2009) and maintaining a H without paystubs is not legal either. Should be far more easier & quicker for her to get a F visa.
In general, avoid getting into risk situations that you cannot get out of. In the long run, being safe with immigration matters and resisting the temptation to make a few extra bucks will be more beneficial.
more...
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n2b
07-17 01:03 PM
DOS and USCIS are slow. But it would be really helpful if the IV code team can provide some update on our site. I believe over 2.5 hours have passed since the last update regarding some update in 1 hour. I guess we can't do anything if it takes more time but an update always helps! Thank you.
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ramus
04-27 04:51 PM
Fond this..
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
http://hagel.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=219529&Month=4&Year=2007
Is this CIR in sanate?
more...
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saro28
12-20 08:13 PM
To my surprise, we just received both EAD & AP with corrected information. The mail room person did put in a folder and sent it overnight DHL. Sweet!
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arihant
12-02 10:54 AM
I dont think you can amend the labor petition's job description. You may have to file new labor again for new description.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
If I may ask, why are you so worried about job desc of labor and your everyday duties. Really, if they have changed a little bit, its not a big deal.
There is a lot of overlap between what programmers do, what programmers/analysts do and what Business analysts do. I know a lot of business analysts who at times write their own code and a lot of programmers who document stuff - kind of documentation that BAs do.
People who adjudicate cases at USCIS are not really IT guys who can differentiate between fine nuances like BA, programmers etc.
Then again, we dont know much about your case, better talk to a lawyer if you are still not comfortable with your situation. Forums are not an alternate to professional legal advice. Be careful before you act on advice from forums. No one here is lawyer and no one here knows the full case. Spending 200 dollars to get the right legal advice when making important decisions is worth every penny.
You can also submit your question for the free legal advice program we have (see the homepage) and your question would be taken up.
Well, my case is pending at BEC in TR queue. After the RIR conversion rule became available, my lawyer is converting mine to RIR. Well, when she sent for wage determination, TWC is classifying my wage scale at a higher rate than anticipated. This is because one of the lines in my job description refers to the job involving "technical supervision..". As a result this job is being classified as a supervisory position. The lawyer sent a letter clarifying that it is not a supervisory position, but no luck. However, the lawyer says she can change the wordage slightly while submitting in RIR and reprase it to clarify that it is NOT a supervisory position. Has anybody come across such a scenario? The lawyer seems to think that it is ok to make such a change and all I can do is hope and pray that she is right.
more...
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sweet_jungle
02-25 03:55 PM
If somebody wants to enter IT field from a non-IT background, any list of suggestions of the certifications and courses to be taken? There are so many of them that it is hard to choose.
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seahawks
07-02 12:07 AM
Guys,
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
Can some read the SOP in the above quote and figure out what they are trying to say?
I read it and it does mention that if you came prior to an year from filing, your G-325A does not count. I wonder why that is because Finger printing is triggered by G-325A was what I thought and its a form with 3 copies so to speak so I thought it goes to 3 different offices, who knows how it works.. anyways here is what I am doing for now..
Wait until my attorney gets back to me
Go for the FP and probably explain to them and see if anything can be done.
Wrote to my district congressman's immigration specialist who I had met before while campaigning for IV goals on CIR. Well I won't sweat it out, will see what happens I guess.
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b2visahelp
06-15 11:17 PM
which country are you from?
Indonesia
Indonesia
sanjayc
05-27 08:45 PM
Can you please help, if there are some instructions handy. I am having difficulty for following fields
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
1. Manner of Last Entry : I think it should be PAR:PAROLEE
2. Current Immigration Status : Again think should be PAR:PAROLEE
3. There is a field where it asks for previous EAD's. I am not sure of the date when i applied last time, what date i should put, the date from which EAD is valid ?
4. Also i have applied for EAD twice, do we need to put the information for both of them.
5. Other Names/Aliases : I think it should be 'None' in my case as i never had any other name, am i right or should it be left blank.
6. for Eligibility status i think the value should be : (c)(9) FILED I-485
I am in EB2, pririty date Aug 2006. last entry to US Jan 2010 using Advance Parole.
Thanks and appreciate your help.
GCBy3000
08-23 04:28 PM
I dunno from where they come upwith number. From the same site look at this link
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
http://travel.state.gov/pdf/FY05tableI.pdf - This is given at foreign out post.
EB - 2001 2002 2003 2004 2005
43129 39289 29712 28624 21290
and compare with
http://travel.state.gov/pdf/FY05tableII.pdf
and compare with below data.
YEAR **** EB1 ****** EB2 ****** EB3 **** Total(EB)
2000 *** 2,306 ***** 7,233 ***** 5,360 *** 15,381
2001 *** 3,543 **** 21,355 **** 16,405 *** 41,720
2002 *** 2,820 **** 21,310 **** 17,428 *** 41,919
2003 *** 1,266 ***** 8,536 ****10,680 *** 20,818 :confused:
2004 *** 2,998 **** 16,262 **** 19,962 *** 39,496
2005 *** 6,336 **** 16,687 **** 23,399 *** 47,160 :)
These figures are from this link
http://travel.state.gov/visa/frvi/statistics/statistics_1476.html
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