willigetgc?
09-09 09:21 AM
Not sure when the movie got released, but last weekend I got to watch "Outsourced" - It was fun !! I would recommend it, a little laughter on this tense topic.
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snathan
02-23 10:07 PM
I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Why dont you ask this question in a free attorney's call.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Why dont you ask this question in a free attorney's call.
starscream
06-23 09:40 PM
Cornyn Calls on Obama to Present Immigration Reform Plan - Roll Call (http://www.rollcall.com/news/36174-1.html)
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
“What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
“The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”
“There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
“We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.
Schumer will also attend the White House meeting Thursday.
Cornyn Calls on Obama to Present Immigration Reform Plan
Sen. John Cornyn (R-Texas) on Tuesday called on President Barack Obama to come up with a comprehensive immigration plan this year, saying a directive from the White House is the only way to push the complex issue forward.
“What we need is not another photo op at the White House. What we need now is a plan from the president,” said Cornyn, ranking member on the Judiciary Subcommittee on Immigration, Refugees and Border Security.
“The president doesn’t write legislation, but he does have the bully pulpit,” Cornyn said, adding that right now “it’s unclear how they can get it finished.”
Cornyn is one of several lawmakers who will meet with administration officials Thursday to discuss immigration policy. White House spokesman Robert Gibbs acknowledged Monday that time may run out this year before the administration and Congress — already spread thin with health care and climate change legislation — can take up yet another time-consuming and sweeping proposal.
Minority Leader Mitch McConnell (R-Ky.) echoed those concerns: “We’ve got a full plate already.”
“There’s been little discussion from our side on immigration reform. I’ve honestly not given it a lot of thought,” McConnell said.
But Majority Leader Harry Reid (D-Nev.) reiterated his call for doing a comprehensive immigration reform bill this year.
“We have to finish health care and climate change, but being third on the list is pretty good,” Reid said, predicting that he could muster up the votes for a bill later this year.
Sen. Charles Schumer (D-N.Y.), who chairs the immigration subpanel, will deliver an address on immigration at Georgetown University on Wednesday and is expected to outline “the principles that will guide legislation he intends to introduce in the Senate later this year,” according to a release.
Schumer will also attend the White House meeting Thursday.
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skd
07-08 10:51 PM
nice job
Nice
Nice
more...
EB3_SEP04
08-27 11:23 PM
If employer or attorney are not helpful then there are high chances that they are hiding something, may have communicated to you I-140 approved in EB-2 whereas in real EB-3. One of my friend already have experinced same problem, EB-3 instead of EB-2. His company is in Jersey and the name starts with N.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
Another reason why employer is hiding (or don't want to share) suspecting that you can leave him.
Be careful and try some way (as suggested above) to know about your I-140. All the best.
It'd be helpful for readers if you please update your profile with your case details.
panks
04-01 10:06 PM
Hello,
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
I need some urgent advise for potential steps after I-140 denial in my case. Please bear with me for some context.
In July'09 , I received a RFE on one of my two approved I-140.
This I-140 in question, was related to PERM labor and was approved in Jan'07 and had the PD of Oct' 06.
I had another I-140 pending approval at that time which was related to Pre-PERM/RIR labor and which had the PD of Oct' 04.
In July-Aug'07 window of 485 filing, I filed my 485 application referencing both I-140's ,
the reason we referenced non approved I-140 because it had an ealier PD.
The Oct'04 (earlier) PD I-140 was subsequently approved in Oct'07 just after few short months of 485 filing.
Both Labors/I-140s were in EB2. Now the RFE was due to 3 year degree , USCIS argued that they will not accept my NIIT diploma towards a 4 year degree althougth all other times they did. Anyway we responded to RFE , the lawyer made some arguments with an additional Educational evalaution, also agreeing to the possibility of shifting of I-140 from EB2 to EB3. Last week I received a very detailed response both in breadth and depth on that RFE, totalling ten pages and it concluded with the revocation of I-140 in question. They also denied the possibility of shifting to EB3 from EB2. We do have the option to appeal.
Today, I had a meeting with attorneys and my company's HR director on this and my attorney's recommendation was :
Because we have another I-140 in play , so we may be able to request USCIS to close the file on denied I-140 , at the same time also requesting to approve the 485 since the PD is currently current on that one. As far as I can understand this is a strategy of hope. Although hope is not a solution but the reason I see some merit towards this because both labors are completely different and their requirements are very different, so USCIS *should* not just deny the 485 based on just denied I-140. At worst they *should* give us a similar RFE and an opportunity to respond. Attorney also indicates that this 3 year degree issue is mostly with PERM applications and not with others.
The reason he says this is the better option because he is not confident that we will win the appeal. By reading the USCIS response on RFE , I am not sure of that either. If we file the appeal not caring what the result might be ..according to attorney and this I am not sure of is that when we file the appeal all processing will be **FROZEN** including 485 and would rob us of having a shot of approval via current PD's I-140.
The company has agreed to file a new Labor in EB3 as a backstop measure , however as you might understand I would be looking at least 10 years before I get GC with an EB3 2010 PD.
I came here in 2000 and it has already passed 10 years , however this is necessary so that I keep extending my H1.
I do have an extended H1 valild till 2012, however last year when I retuned to US from INDIA , I came on AP , so I think if in worst case my 485 gets denied in effect nullifying my EAD and AP. I would have to go out of country to revalidate my H1 and then come back.
My question to boarders here is :
a) What do you think about my options ? Is the Strategy of hope is the best one right now ?
b) Do really all processing gets frozen when we file an appeal on a denied I-140, specially in my case where I have two I-140s ?
c) Any other innovative ideas ?
-Thanks in advance.
Panks
more...
zCool
03-20 04:20 PM
Yes,
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
Employer can revoke 140 anytime till 485 is approved.
If you are past 180 days after application of 485 then that would not make your 485 invalid. that is the crux of AC21 portability.
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dudu
05-09 03:02 PM
Just some throught?
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
more...
txh1b
04-15 10:46 AM
What took you sooo long to wake up from the slumber and realize that you need to get paid? Look up WH4 and complain to DOL. Look for the contents in the Neufield memo as well.
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chi_shark
07-28 03:23 PM
is it in any shape size or form possible that you would put your I-140 employer into a bracket of potentially fraudulent companies? or did you have sub labor? anything you can think of that your employer may not have toed the line as far as the law is concerned? i am not suggesting that fraud investigation is the cause of these happenings... i am in fact wondering if that could be the case... if you think your employers were super lawful, then who knows what USCIS is doing!!
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
Same thing happened to me. I had posted it last week. My VSC approved 140 got transferred to TSC last week and today got email that the case is now pending. 485 was orignally filed at VSC that got transfered to TSC in March 2007.
Do you think something is cooking? ;)
more...
WAIT_FOR_EVER_GC
11-11 12:35 PM
Why don't you ask this in the free attorney call
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
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dealsnet
09-09 04:53 PM
You are talking about this company.?
Telecall - Company Profile on LinkedIn (http://www.linkedin.com/companies/telecall)
web address.
http://www.telecallnet.com/
The access number is shown below by http://www.switchboard.com
(631) 763-1059
Type: Land Line
Location: Cold Spring Harbor, NY
looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?
Telecall - Company Profile on LinkedIn (http://www.linkedin.com/companies/telecall)
web address.
http://www.telecallnet.com/
The access number is shown below by http://www.switchboard.com
(631) 763-1059
Type: Land Line
Location: Cold Spring Harbor, NY
looks like the website is created in July end. Contact address from FL. It seems to be associated wit telecall (a company, I don't know much..google). I found this by checking whois domain lookup...for this free india call thingy...just an fyi.....don't know how safe?
more...
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eldrick
08-16 02:49 PM
I guess we dont have a choice but to pay.
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
Thank you all for your advise.
One more thing, no form G-28 was given to me to sign. What does this mean?
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letstalklc
11-24 03:41 PM
Go for SBI Global link ... best exchange rate and cheapest. They take 4 business days though. I never had any problem sending to any bank in India through SBI Global link. You (or your parents) do nto need an SBI Account to use this
Yes, as I said that SBI is the best compare to others, I am using their service from past 3 years, I have no issues so far....evry time they are accurate with exchange rate....yes no cheating at all, I have used ICICI before, but most of the time they are not reliable....
Yes, as I said that SBI is the best compare to others, I am using their service from past 3 years, I have no issues so far....evry time they are accurate with exchange rate....yes no cheating at all, I have used ICICI before, but most of the time they are not reliable....
more...
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miguy
04-18 08:37 AM
Are companies hiring people on H1b for permanent jobs? I seem to have a tough time finding companies that sponsor H1b. I thought the Big 5 Consulting firms did not sponsor H1b or GC? But, it seems from this post that I was wrong. Can someone tell me what companies (Fortune 500) companies sponsor H1b/GC or is there a list I can get from somewhere.
thanks,
thanks,
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texanguy
05-15 06:17 PM
I would like Representative "Representative Name" to co sponsor bills HR 5882 and HR 5921, sponsored by Zoe Lofgren.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
I am confused, are we asking them to "co-sponsor" or to "support"?
Please advice.
more...
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desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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sunny1000
09-17 10:57 PM
Hi Guys,
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Advance Parole is good for re-entry (make sure that date is valid on the doc itself).
My wife was on a H1B visa with a company until June 2010. She is no longer working and her Her H1B visa is now expired.
I am in the final stage of my green card process and we have both EAD and Advance parole. Since we have valid EADs and Advance Parole documents, we didn�t bother to pursue a H4 dependent visa for her. We are planning to go to Thailand next week for a 10 day vacation. I just want to confirm that she will be able to come back into the US with her Advance Parole document which is valid until June 2011.
I would really appreciate your quick response since we are looking to purchase tickets in the next couple hours.
Thanks and have a great weekend,
Advance Parole is good for re-entry (make sure that date is valid on the doc itself).
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snhn
04-13 11:58 AM
Hello,
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
I am in my 8th year of H1b visa, getting extension on the basis of a pending labor . My visa notice came in today.
My lawyer says this. I-129 Approval notice from Feb 2006-2007. However my approval was
sent to consulate in Islamabad pakisan. Apparentlly my visa was not extended here in US.
I cam to know about it because it says on my I129 application. It basically says that I am
not eligible to extend my stay in the US therefore have to travel outside the country. My
wife petition,, well all she received was a letter from INS stating that her H4 application
can not be renewed because of my petition. I also states on that the H1B petitionore has a
criminal recore which is inadmissible in US. the only criminal record I have is some
traffic violations and a DWI from 2000.
Since my DWI I have been able to extend my H1 3 times in ths country. I have in fact been
able to travel out 2 times. I have never tried to get the visa extension in Pakistan
before. So I am not sure when DWI became a inadmissble offense. I got a h1 extension
approved last year. They never said anything abou that. I hav not been involved in
anything else either.
none of the conversation my lawyer has had with them, it does not specify what the criminal
record they are talkin g about. I have even talke to INS about it and they dont know either.
One other question. Can I still work even thought my visa is not extended per say. INS only
send a approval notice but not extension. The company lawyer stated that he needs to wait until he gets a letter from INS explainin what crminal back ground I have that makes me inadmissble. According to him DWI should not be the reason alone. He also stated that I can work and thet he will file an appeal in regards to this denial. If I goto pakistan, then the background check alone will take few months. If that happens, then I may loose my job here. Per INS I have to leave the country and try for extension there. But since they stated on my wife denial that I am inadmissble, the chances are they are not going to do it. Can I try goingt to Mexico to do this.
What are your thaughts.
Am I illegal right now.
Thanks!
N
psaxena
01-27 06:56 PM
I am in scottsdale
Lets fight this together.
Lets fight this together.
pak
07-27 03:01 PM
If I-485 is rejected, can you switch back to H4 from EAD without going out of USA?
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