gbof
05-06 10:38 PM
Common sense is not so common.
There definitely is a chance to participate in Q & A and put forth/ highlight the sufferings
There definitely is a chance to participate in Q & A and put forth/ highlight the sufferings
wallpaper Bob Marley
GCNirvana007
03-30 04:01 PM
Thought pay stubs checkig etc is done during I-140?
bkarnik
07-21 04:34 PM
I had a similar situation at my work place (attorney is Fragomen...what a coincicence). This was in response to recent stepped up H1B site inspections by USCIS. As a reult, Fragomen recommended that "working from home" or "teleworker" status is not allowed under H1B. So, no more working from home for me :(
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arunmohan
02-04 06:25 PM
Lets meet up on the weekend in a park or something, we can do the potluck. It will be an open place , so no restriction or shortage of space if there are a lot of people. Would be a good social networking and also the meeting as well.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.
I will drive from Tucson. I sent you a PM too.
I am open to all the suggestions. I am pretty new to the website, can administrator provide the list, that can be used to communicate
Thanks
I am in. It is a very good idea, this way we will have a family gathering, networking and planning for next step. How about Feb 14, 2009? I know a very good park in Chandler. If someone else suggest a park, please let us know.
I will drive from Tucson. I sent you a PM too.
more...
wandmaker
08-26 06:07 PM
Thank you very much for your prompt reply. Greatly appreciate.
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
I paid the money to my company who has applied for my H1B. I am not too sure whom they will address the check to. They only sent me the Fedex tracking no. which tells that the application is received by USCIS, Vermont on April 7th.
I am fine if it is taking time but my only concern is whether this company has really sent my H1B petition. Is there any way to find it out?
Regds,
Vani
No way, you will have to ask your employer
sriswam
06-28 08:42 PM
Is it worth to file premium processing on friday?
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
Thats a good question. Would it still be considered valid if we mailed the documents on Friday so that it reaches them Saturday. They'd still be opening the mail on Monday July 2nd. I have a feeling that would be too late. Any others in the same boat ?
more...
HRPRO
03-07 07:05 PM
6 months.
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
Smuggy,
If I were you, I would start looking right away and will definitely file the transfer with a Premium. I consider it the cost for peace of mind more than anything else.
HRPRO
Can we renew H1 after we're laid off based on 140 approval. I'm thinking going for regular or premium extension because it's about the time for extension. I still have a job this week...not sure about next...so looks like premium is the best. At least I'll have H1 extension for 3 yrs when I jump into the job market again....or is this irrelevant and I can renew even after laid off.
Smuggy,
If I were you, I would start looking right away and will definitely file the transfer with a Premium. I consider it the cost for peace of mind more than anything else.
HRPRO
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hary536
05-20 03:51 PM
Hi, Thanks for the reply.
In my company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
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 company, even though everyone works 32 hrs, they are still considered full-time, as we keep receiving the regular full-time benefits.
So in that case, do they still have to file an Amendment? If incase, they file amendment,then do they file just LCA amendment or H1B amendment.
Also, if instead of working 32 hrs, if they allow me to work 40 hrs, but reduce my annual salary but maintain higher than the prevailing wage, then also do they need to
file an amendment? If yes, which H1B or LCA or both?
Can you pls move this post to the "Ask an Attorney" section, so that i can get a reply from any attorney also?
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
more...
santa123
03-09 09:46 PM
I know of an old time neighbor who had a similar story, only that it was not a dream but reality for him... he must be smiling at this post;)
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kalyan
06-11 11:49 AM
I definitely need PP for 140 since by the time my H1 is due for renewal (after completing 6 years), My 1-40 will be 15 months older.
I cannot ask my employer to do 1 year h1B renewals as the lawyer fee is also added to it.
IF PP can be done at that time, i am saved for 3 years with one visa stamping and my employer is also saved for 3 years.
I cannot ask my employer to do 1 year h1B renewals as the lawyer fee is also added to it.
IF PP can be done at that time, i am saved for 3 years with one visa stamping and my employer is also saved for 3 years.
more...
gc_kaavaali
11-14 04:09 PM
somebody gave red mark...what happened???
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pushkarw
12-21 01:53 PM
You are a Ray of light my friend. We need more like you to make this place brighter!
Thanks for asking Pushkar. I did.
Thanks for asking Pushkar. I did.
more...
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sri1309
11-03 07:33 PM
short answer Nope
a) because immigration is not high on Obama's agenda.
b) the economic downturn will be used by the the anti's to thwart any measure to help us
c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
d) The trend is that the right will become hard right and left will become hard left...wait and watch.
the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .
Imagine you are one of the candidates. Will you raise it. We must make them realize this is important,once they get elected.
This cannot be an issue to be raised by any candidate thats more focussed only on economy. Immigrants arent playing any +ve or -ve role here. So why will their issues be part of election campaign.
Again, please congratulate the new president, and do let them know our pain..Tell them we need some dynamic leadership and quicker action.
a) because immigration is not high on Obama's agenda.
b) the economic downturn will be used by the the anti's to thwart any measure to help us
c) We are still very low on everyone's plate, democrats will want to get the illegals and all will use us as a pawn.
d) The trend is that the right will become hard right and left will become hard left...wait and watch.
the guys who will post bad comments, please remember that i had posted something similar when the democrats got majority and we have multiple threads singing the lords praise and showering flowers. It will be politics as usual.
We need lots of active members to make ONE strong case and keep hammering away at the lawmakers, instead we get a daily dose of self motivated threads which divide the already small group into smaller groups ((petitions, cases, class actions, EB3 Vs EB2, masters Vs 'grand'Masters etc:rolleyes:) .
Imagine you are one of the candidates. Will you raise it. We must make them realize this is important,once they get elected.
This cannot be an issue to be raised by any candidate thats more focussed only on economy. Immigrants arent playing any +ve or -ve role here. So why will their issues be part of election campaign.
Again, please congratulate the new president, and do let them know our pain..Tell them we need some dynamic leadership and quicker action.
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vnsriv
06-25 11:44 AM
Couple of options
1. Don't file your I-485 till you return from India
2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
3. Your husband can have I-485 notice and still get H1 stamped in India
I got my H1 stamped even when I had AP and EAD
4. You have 90% chance of getting receipt before Oct if you are in EB2
5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)
1. Don't file your I-485 till you return from India
2. Receipts notices usually depend on type of visa category(EB) and the center which will be processing your case
3. Your husband can have I-485 notice and still get H1 stamped in India
I got my H1 stamped even when I had AP and EAD
4. You have 90% chance of getting receipt before Oct if you are in EB2
5. For travelling you must have AP before Oct unless you have valid H1( < 6 years)
more...
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gcdreamer05
03-13 10:11 AM
congrats man , have fun put up a big party rock and roll and jump man jump....... after so many years u got ur green..........
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aachoo
02-21 01:33 AM
You are not alone�
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a
This is the case for most people, for instance, my current salary is at least 10K higher than my LC wage.
Bottom line is, you need to have a job in the "same or similar occupational classification" as the position which was the subject of the labor certification application. Salary does not matter, as long as it does not seem to evidence a totally different type of position.
My job is in the same company, same classification etc. I am not worried about that. The problem (I guess the GC mess can make you twist the best things into problems) is the $40K+ in raises I have received since then...
-a
more...
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nandakumar
01-18 12:59 PM
Bump
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MerciesOfInjustices
05-22 12:48 AM
On Monday, May 22, 2006, a very important new study was released on the "impact of backlogs, processing delays, and long wait times on legal immigrants seeking to join the U.S. workforce as skilled employment-based and family-sponsored immigrants". Aman Kapoor and Shilpa Ghodgaonkar from IV spoke at the release as did Senator Cornyn! The title of the study says it very clearly - Legal Immigrants: Waiting Forever (http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf)!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
Certainly this is a great study, for several reasons.
It is the first of its kind
It is derived from official data, not from anecdotal evidence
It is written by independent, non-partisan scholars, who are not immigrants!
It confirms the need for fixing the 'Legal side of Immigration' ASAP!
Among the findings of the study:
• Waits for green cards (permanent residence) in the Skilled Workers and Professionals category have worsened considerably in the past few years, with the current wait for a newly-sponsored high skill immigrant in this category exceeding five years.
One of the co-authors is Stuart Anderson, Executive Director of the National Foundation for American Policy. He is very experienced on Immigration matters, and has served in the INS (in Policy/Planning) and on Capitol Hill. Impeccable credentials - though I would not support anybody on the operations side of the INS! He might have even authored the language of some of the laws that govern us now, when he served on Sen Brownback's staff!
Stuart Anderson, Executive Director of the National Foundation for American Policy, served as Executive Associate Commissioner for Policy and Planning and Counselor to the Commissioner at the Immigration and Naturalization Service from August 2001 to January 2003. He spent four and a half years on Capitol Hill on the Senate Immigration Subcommittee, first for Senator Spencer Abraham and then as Staff Director of the subcommittee for Senator Sam Brownback. Prior to that, Stuart was Director of Trade and Immigration Studies at the Cato Institute in Washington, D.C., where he produced reports on the military contributions of immigrants and the role of immigrants in high technology. He has an M.A. from Georgetown University and a B.A. in Political Science from Drew University. Stuart has published articles in the Wall Street Journal, New York Times, Los Angeles Times, and other publications.
Amongst others on NFAP Advisory Board, the name of James Ziglar stands out. Many of us remember him as the former head of the INS - definitely somebody who is well-versed with Immigration matters.
But, this Board also includes Prof Jagdish Bhagwati, renowned economist - certainly a very learned & highly-skilled immigrant. (Interestingly, if Prof Bhagwati had to apply for his Green Card today - he would get it only in several years! Or, they would have to get an Act of Congress for him!). Also on the Board is Cesar Conda, who was an advisor to Vice-President Cheney on domestic policy.
The official release (http://www.nfap.com/researchactivities/studies/NFAPRelease052206.pdf) of the study took place at Washington D.C.
Senator John Cornyn, a Texas Republican who opposes the current guestworker plan in the bill being debated in the Senate, said he had offered an amendment to the bill that would eliminate the quota for some highly-skilled workers educated in the US. He said economic competitiveness was at stake in the way in which the issue was handled.
Aman Kapoor, founder of the group (Immigration Voice), says the broken employment-based immigration system forces workers like him to live in a state of limbo. People working in the US who are waiting for their green cards, as he has done since October 2003, cannot change jobs or move up in position, thus restricting their opportunities, he says.
It was also covered by MSNBC (http://msnbc.msn.com/id/12919954/).
Please look up the NFAP website NFAP (http://www.nfap.com)! It is amazingly accurate, and uptodate. It highlights mostly H-1B related issues, but is very knowledgeable about the business aspects of Immigration.
We already know our issues, but a study from non-partisan scholars adds immense weight to them! Even if this study goes beyond our issues, all of the issues will be important to us or our family at some point of our lives!
In summary, this study will be huge in advancing our cause!
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lj_rr
09-01 04:21 PM
Thanks gcwanted101.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
Hey lj_rr
"Also for the labor copy, should the request be sent to USCIS or DOL?"
For Labor : you have to send request to DOL.
For 140 : you have to send request to USCIS.
mirage
05-29 04:01 PM
On a conference call somebody asked Rajiv Khanna about PD movement last month and his prediction etc etc. His comment was
'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'
'Only 2-3 people in the whole world knows what happened last month and what's going to happen further. And all of them work for the state dept.'
abandookwala63
10-26 04:50 PM
guys can someone please let me know what is meant by lud.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
Online computer message shows EAD oh me and my spouse was mailed on 24th september but till date as on 24th october i hace not received it. i call the USCIS and the second level officer told me cannot mail u another one til me get in returned mail or go and inquire with the postoffice. Post office doea not have any pending mail for our address. USCIS says cannot send a duplicate one. donot know what to do.???? any suggestions.
my fringerprinting was done 2 days ago and received ead no ap yet.
i have seen posts saying online status of i485 been adjusted to lud after
finger printing done.i donot see any changes online for i485 after finger printing.
i highly appreciate if someone let me know what is lud
Online computer message shows EAD oh me and my spouse was mailed on 24th september but till date as on 24th october i hace not received it. i call the USCIS and the second level officer told me cannot mail u another one til me get in returned mail or go and inquire with the postoffice. Post office doea not have any pending mail for our address. USCIS says cannot send a duplicate one. donot know what to do.???? any suggestions.
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