HRPRO
04-13 01:47 PM
I have got an H1B reject because LCA did not include the client location. So most of you who say its ok to work elsewhere without an LCA change, you have been lucky!
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
As I understand, LCAs will absolutely have to have the client location else it is a violation of the law. Small companies more often than not do not file an amendment and cut corners. If they are caught, it could lead to dire consequences.
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gkaplan
04-22 02:37 PM
thanks again:
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
more questions:o
1. i think my company needs to apply for LCA frst, right?what things should be done (roughly) before applying for LCA? and approximately how much time is required for those things?
2. how long does it take to get approved for LCA? (if the company does everything correctly?)
3. once LCA arrives, then the company just needs to fill the required H1B forms and send them to USCIS, right? approximately how much time is required for those things?
4. once the forms arrive at the USCIS, as long as I pay extra $1000, will I be eligible for preium processing?
5. what happens after USCIS gives an ok? and a 'no ok"?
6. if everthing happens before october 1st,2010 and i get an OK from USCIS, will I be officially on H1B after october 1st 2010?
7. if everthing happens after october 1st,2010 and i get an OK from USCIS, what will be?
Thanks again, i know i';m being an idiot with so many questions but I'm just trying to understand exactly what's and how's happenning these things.
Thank you again.
abhijitp
01-24 07:46 PM
^^
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reddy_h
01-07 10:18 PM
Always use current valid passport in all your future applications.
more...
gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
hopefulgc
05-12 11:10 PM
newuser,
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
If you are ever in florida.. jacksonville area... give me a shout.
For this kinda support, i totally owe you a drink at buffalo wild wings.
I am in for it. I am ready to put 2K if members are going to come forward
more...
illusions
04-21 02:42 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
Good luck to everyone.
Congrats on your approval. I have seen many approvals where the processing time doesn't match and i'm not sure if it's the case that they don't update it or they just process it randomly once the PD becomes current - anybody's guess i would think.
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joeshmoe
03-24 03:38 PM
Hello fellows in pain!
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
I have a question, I am currently stuck in EB3 retrogression with 140 approved. I am contemplating switching jobs and try out for EB2. Could anyone please share thoughts on my chances? Below are my education / experience details:
- US Bachelors in Computer Science
- More less 5-6 years of experience in my field plus a number of advanced certifications from Microsoft and Sun (I suppose these don't really matter).
- However, the above mentioned years of experience have not been all gained right after college. Last 2 years of college I was working full time in my field and going to school full time.
Any suggestions would be extremely helpful!
Cheers,
Me.
more...
srikanthmavurapu
08-17 02:16 PM
As your current employer is not the direct client of your former emplyer, they may not have a good case to sue you. They will threaten you to get something out of the situation. So, don't hurry and consult an attorney or get more information from some educated source on this type of matters. By the way, don't tell him what you will do. Just find out what he is trying to do and act accordingly. If you tell him that you will complain to DOL, he will be prepared to face it. Good luck.
Ya they wanted to get some money out of me by threatening me ......
I have an appointment with Attorney after i talk to him i will decide what to do ....
Thanks!
Ya they wanted to get some money out of me by threatening me ......
I have an appointment with Attorney after i talk to him i will decide what to do ....
Thanks!
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reachinus
10-31 10:20 AM
They usually issue the I-94 till the validity of the Petition or expiry of the Passport in some cases. In my case i had a valid stamp from May 2004 till Jan 2006, but I had a new H1 from a new employer in Oct 2004 which was approved till Jan 2007 and when I entered US in may 2005 I was issed a new I-94 till Jan 2007 even though the stamp will expire in Jan 2006.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
Hope this helps.
your I-94 mess up will not affect your travel on AP. If you have a valid visa stamp (or intend to get one), you can still come back in H1B too. It may be advisable you maintain H1b by returing in H1B visa.
.......
They issue I-94 based based only on the expiry of the visa stamp.
more...
swarnapuri
06-26 12:48 PM
There is a news in news article thread that Senators Cantwell & Kyl have proposed a amendment which will open up a parallel employer sponsored GC path. Anyone has information regarding this amendment?
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thediablo
05-30 03:19 PM
oh MAN! THIS SUCKS
i think Soul site really sucks. :D
i think Soul site really sucks. :D
more...
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chanduv23
09-04 11:16 AM
You can work on h1b - you will get H1b based on existing approved 140 and pending 485.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
If 140 is revoked by employer you may get a RFE or NOID or in rare cases erroneous denial but you can continue on h1b while you respond to RFE or NOID oor through MTR to erroneous denial.
Sending AC21 docs does not necessarily mean you may not get NOID - AC21 docs seldom go into your file.
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Rakson
03-03 06:58 PM
You have added important point for consideration. Thanks!
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
I am including response from Rajeev Khanna. I took paid consultation today and paid him $220 for above queries. He is excellent. I would recommend him for all immigration queries...
A. Can USCIS revoke extended period ( after Jan 29, 2011) if current company(A) revokes their approved I-140 before new company(B) gets approval of new PERM and I-140?
Rajeev >> USCIS can but they have not done this till today ( as per history in Rajeev's database).
B. Can new company (B) start new PERM application during my extension period (after Jan 29, 2011)?
Rajeev >> YES, they can. It is recommended to start before start of 7th year but not MUST.
C. Can new company (B) transfer Priority date even if existing company(A) revokes their I-140?
Rajeev >> Yes, its possible if revoke is not due to fraud filing..
1. What kind of trend is there now a days on PERM labor approval? Lot of queries and rejections ?
Rajeev >> No, this is not true. USCIS is still approving as before.
2. Can my new PERM or I-140 be denied for any reason? It was approved for me twice in past.
Rajeev >> Yes, this could happen as every filing is new and handled from starting.
3. Can I keep running existing GC without continuing with old company? When should I join them back for safe GC processing? After GC? After EAD? During 485 filing?
Rajeev >> Ideally after GC you must join but it is recommended to join back during 485 filing.
4. My wife worked on L2+EAD for 3 years. Is L2+ EAD period counted towards 6 years work visa like (H1 + L1).
Rajeev >> No, L2+EAD period is not counted like H1 & L1.
more...
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sobers
07-14 03:13 PM
Now that Shadegg's SKIL Bill has been referred to the Judiciary Committe...its in the hands of Sensenbrenner.
Shadegg is a top conservative and was supported by Sensenbrenner in his bid for Majority Leader earlier in the year. I found it interesting to read what he said about Shadegg earlier in the year, on the topic of immigration reform. Well, now is Sensenbrenner's chance to act upon it.
========
http://www.house.gov/sensenbrenner/pr20060118.html
Sensenbrenner Supports Shadegg for House Majority Leader
(Washington, DC) � Today, Congressman Jim Sensenbrenner (R-Menomonee Falls, WI), Chairman of the Committee on the Judiciary, announced that he is supporting John Shadegg (R-AZ) for Majority Leader.
Sensenbrenner said:
�I have given careful thought over the past few weeks on the three exceptional candidates running for Majority Leader and what new direction the Republican Conference needs to go. I have decided to support John Shadegg for Majority Leader.
�John Shadegg, as Chairman of the Republican Policy Committee, has shown leadership on difficult issues, while building a consensus among the Republican Conference. John is the best choice for Majority Leader. I have worked closely with John for many months now on immigration reform, attending numerous unity dinners that John has held, listening to members throughout the Conference. These proved to be a valuable resource and shows that John Shadegg is the person who can listen and lead us in a new direction.�
Shadegg is a top conservative and was supported by Sensenbrenner in his bid for Majority Leader earlier in the year. I found it interesting to read what he said about Shadegg earlier in the year, on the topic of immigration reform. Well, now is Sensenbrenner's chance to act upon it.
========
http://www.house.gov/sensenbrenner/pr20060118.html
Sensenbrenner Supports Shadegg for House Majority Leader
(Washington, DC) � Today, Congressman Jim Sensenbrenner (R-Menomonee Falls, WI), Chairman of the Committee on the Judiciary, announced that he is supporting John Shadegg (R-AZ) for Majority Leader.
Sensenbrenner said:
�I have given careful thought over the past few weeks on the three exceptional candidates running for Majority Leader and what new direction the Republican Conference needs to go. I have decided to support John Shadegg for Majority Leader.
�John Shadegg, as Chairman of the Republican Policy Committee, has shown leadership on difficult issues, while building a consensus among the Republican Conference. John is the best choice for Majority Leader. I have worked closely with John for many months now on immigration reform, attending numerous unity dinners that John has held, listening to members throughout the Conference. These proved to be a valuable resource and shows that John Shadegg is the person who can listen and lead us in a new direction.�
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for_gc
09-26 11:00 AM
ohhhh wow !! .. Man ...It not so easy as it looks on paper ...U will find tons of ppl in the stage of limbo after doing all this ... (including me though :(
My sincere advice, DO not even think about it ..
Hi pd_recapturing,
Can you please elaborate on your experience. This is an issue very close to my heart as well and possibly benefit lots of other folks on this forum.
I personally know a fried who in fact benefited from PD porting and got his GC sometime in 2007 beginning. He had a EB3 PD of 2001 which he used for his EB2 application with another employer.
My sincere advice, DO not even think about it ..
Hi pd_recapturing,
Can you please elaborate on your experience. This is an issue very close to my heart as well and possibly benefit lots of other folks on this forum.
I personally know a fried who in fact benefited from PD porting and got his GC sometime in 2007 beginning. He had a EB3 PD of 2001 which he used for his EB2 application with another employer.
more...
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insbaby
01-12 12:32 PM
All,
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
Background:
I am hoping you can help me with my situation here. I had an appointment on Dec 19th 2008 at New Delhi consulate for extension of my H1B. Since I had a DUI in 2006, they told me to sumit medical report. When I submitted medican report on Dec 22, 2008 they told me they would review my report and tell me to deposit my passport if everything is fine (for visa stamping). They also told me that I don't need to come myself to deposit the passport. Since I had to get back to office, I left India and used AP to enter US.
I just received an email from consulate that I should submit passport at the ND consulate. I was thinking of sending it to my home in Delhi via courier so that my brother can submit it to consulate. Once consulate sends passport to my address in New Delhi, my family would courier it back to me. I wanted to check with folks here if that is fine.
Thanks
From Indian Embassy, Washington DC.
Guidelines for Indian Passport Holders
(i) Your passport is a valuable document. It should always be retained either in your private custody or in the custody of a person duly authorized by you. Passport should not be sent out of the country of residence by post. If the passport is lost or destroyed, the fact and circumstances should be immediately reported to the nearest Indian Mission and the local police. PLEASE KEEP A PHOTOCOPY OF YOUR PASSPORT IN A SAFE PLACE. WITHOUT DETAILS OF THE LOST/DAMAGED PASSPORT, THE ISSUE OF A DUPLICATE PASSPORT MAY BE DELAYED.
There are few potential issues you could face:
1. Passport lost in mail (Will happen 90% of the time when you ship your passport overseas, believe me.). You may think FedEx is the best courier. They will pay $100 for the lost passport, if you have insured, then it may be $300.
2. If the receiver of your lost passport is an unautherized person, then your trouble is multiplied by 100.
3. Your package WILL BE OPENED by mumbai customs officers. When they see your passport, the receiver of your package must answer questions continously for few months.
4. Now you are in a foreign country without your passport. When you file for a new passport, you have to submit a police report and you can not lie. You have to tell them that you missed while sending overseas. Indian embassy lists clearly that you should not do.
It would be better stay on your AP, or spend another $1500, and take 1 week off from work, go there get it stamped.
The message sounds very rude, but I have seen the experience of missing passport in a foreign country.
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samswas
09-28 03:43 PM
All,
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
I have filled I-485 in 2007, PD is June 2006, EB2. I went to India and came back using my AP on 07/16/2008. I was working for the same company when I came back. I have changed my employer in April, and haven't filled for AC21 yet.
Can you please help me with following question?
My Question is: Will it be Okay to travel using Advance Parole after changing employer and not filled AC21? If anyone traveled like this, Can you please let me know what documents do I need to take with me?
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softcrowd
02-17 09:46 AM
"U" does not mean quota is done for FY 08...it may be "U" becoz for those categoreis, quarterly quota exhausted....USCIS normally does not grab the entire FY's quota at one time...they do it quarterly basis.
Even i think definitely before Oct itself, EB2 India moves ahead.
Even i think definitely before Oct itself, EB2 India moves ahead.
TexasGC
07-21 03:21 PM
Why does USCIS want TB test done? Many countries like India have BCG vaccination administered at childhood thus preventing TB. However, such people will show a false positive if administered a skin test for TB.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
This is causing many Indians to go for a chest xray. I feel this is a ridiculous requirement.
pmamp
07-12 10:24 AM
One possible issue with this assessment is that CIS Ombudsman released the report on June 11th and ISCIS published 'THE JULY 2007 BULLETIN' on June 12th. That may mean someone in USCIS decided ultra fast as to make all the dates current or they (USCIS top brass) knew about this report draft.
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
I don't know if this report really caused USCIS to come out with that bulletin. there is something else under the hood which caused this reaction....http://immigrationvoice.org/forum/images/smilies/mad.gif
:mad:
Thanks to the person who posted the link to the Ombundsman report earlier - this is beginning to make sense now.
USCIS Ombundsman report from JUNE 2007 says:
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