perm2gc
10-24 11:10 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
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gc28262
02-04 08:45 PM
I have mis-placed my EAD. Normally I can just apply for another EAD. But, I will be travelling to India in Mid March on Advance Parole and I'm not sure if I'll get the EAD by then.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
My question is, will they ask for EAD upon re-entry.
I am thinking of applying for EAD after coming back. Is there any special processing for applying for a lost EAD ?
Any advice is appreciated.
EAD is not needed while entering on AP. 485 receipt notice is sufficient documentation while entering on AP.
jase21
01-12 04:06 AM
Ok. Thanks.
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bfadlia
04-29 04:19 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I'm guessing you meant "insight" (understanding, revelation) not "oversight" (supervision, mistake)
more...
clifford
02-01 07:52 PM
Hi,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
I am in the start of 6th year of my H1b. I have eb3 catagory I140 approved from my current employer. I am trying to change job/employer and get an extension at the same time based on the I140. Now I am not sure if I should submit resignation to the current employer before H1 transfer and extension is approved or not. How much times does it take to do a transfer these days if it is filed through premium processing. New employer is already asking me to join ASAP which can be risky. I think the worst situation will be if I resign first and later on h1 transfer is denied. What is the probability of that. My current employer is large sized US company for whom I work directly and prospective employer is large sized US based consulting firm (who employs large number of H1B holders) and who will put me at client location (they probably have a fair number of consultants at client location and manager etc also )
I will appriciate any help/suggestion in this matter.
:confused::confused::confused:
Regards,
neeidd
07-15 12:20 PM
I have nov 2004 PD. I have the same problem. USCIS received my app on aug 3rd. But notice date is oct 11. From , i see that these dates doesnt matter as long as your PD is current. So, i didnt bother to contact USCIS.
Thanks for the response, leoindiano
Regards
Thanks for the response, leoindiano
Regards
more...
nogc_noproblem
04-03 02:26 PM
There is hope, but is it possible?
"Finally, there is another stop-gap proposalthat would �reclaim� 300,000 unused H-1B visa numbers as well as 250,000 wasted employment based
immigrant visa numbers and make them available in a floating pool as temporary relief. There has been a great deal of speculation that the House leadership may take the SAVE act and bring it to the floor before enough signatures can be collected to force a vote. The idea is that they would add some or all of these other proposals, or even amnesty itself, to the SAVE act to make it unattractive to the original sponsors�thus killing it.
It is doubtful that anything other than amnesty would kill this legislation.
There is a serious risk for the Democrats in forcing their members to vote
down an amnesty bill. That would undoubtedly alienate one of their core
voter constituencies.
If the SAVE bill passes, the likely result is that support for legal immigration reform will increase substantially. A number of members of Congress have said that they support legal immigration reform, but first want to see new enforcement measures put into place"
"Over the past twelve years, the INS/CIS has wasted more than 600,000 EB
quota numbers"
"Finally, there is another stop-gap proposalthat would �reclaim� 300,000 unused H-1B visa numbers as well as 250,000 wasted employment based
immigrant visa numbers and make them available in a floating pool as temporary relief. There has been a great deal of speculation that the House leadership may take the SAVE act and bring it to the floor before enough signatures can be collected to force a vote. The idea is that they would add some or all of these other proposals, or even amnesty itself, to the SAVE act to make it unattractive to the original sponsors�thus killing it.
It is doubtful that anything other than amnesty would kill this legislation.
There is a serious risk for the Democrats in forcing their members to vote
down an amnesty bill. That would undoubtedly alienate one of their core
voter constituencies.
If the SAVE bill passes, the likely result is that support for legal immigration reform will increase substantially. A number of members of Congress have said that they support legal immigration reform, but first want to see new enforcement measures put into place"
"Over the past twelve years, the INS/CIS has wasted more than 600,000 EB
quota numbers"
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fromnaija
02-01 11:50 AM
Depending on your state of residence this may not be enforceable on the part of vendor "y" as this is restricting flow of labor. Find out what the labor law says about such situation in your state.
Also since vendor "y" is not your employer such a restriciton may not apply anywhere!
Also since vendor "y" is not your employer such a restriciton may not apply anywhere!
more...
kondur_007
02-19 05:48 PM
I am not familiar with the for I 130. But I can answer about 485:
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
Your non-immigrant visa number is the "number in red" (usually only number in red) on visa stamp that is usually in bottom right corner.
Did you find it??
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akgind
11-11 06:41 PM
I can feel your concern, jk. Am in the same situation. We just got our GC along with our daughter, EB2, PD of Aug02. Our son, however, turned 21 in 2004 and missed the boat because labor was stuck in BEC till 2007.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
The rule is that the child should be less than 21 at the time 485 is applied. The CSPA of 2001 gives credit for the time 140 was pending. In most cases this effectively means that the age is locked on the date of 140 application.
The CSPA does not give credit for the time labor is pending. Labor pending was not backlogged when CSPA was enacted, 140 was. Hence the law.
I do not know if there is any way out. I have heard that the aged-out child might be able to claim the PD of the parents if and when s/he applies for GC based on own employment. Nothing authentic, though.
more...
minimalist
09-10 02:54 PM
Is it true that my spouse (currently on H4) with pending AOS if outside US when my (principal applicant) approval comes, will not be able to use H4. Will her H4 get invalidated the moment i become a permanent resident. What happens if she boards a plane and reaches US to find that her H4 is not valid ?
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
Is this a valid circumstance. Has anyone been in a similar situation.
H4s better keep AP along when traveling.
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billu
05-25 01:02 PM
does anyone have any clue on this??
more...
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wonderlust
07-18 05:17 PM
Hi. I realized that I made a mistake when filling out the I 485 Part Three:
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
Processing Information. Specifically, I filled in the I-94 number issued for my H1B as the "Nonimmigration Visa Number", instead of the visa number I got when I was still in F1 Student status.
I called USCIS twice and they informed me that I can make corrections after I get the receipt--I can send in a corrected form, along with a letter explaining the correction, and also a copy of the receipt.
I was wondering whether anyone here had done that before.
I am kicking myself for misunderstanding the form! Please help!
Wonderlust
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ketumax
06-19 11:35 PM
I am on H1B visa and my wife has filed N400. We have been married for 1 year and 2 months. she just gave her finger printing on June 10th. we have not yet filed I130 petition as of yet as we were thinking to do that after she gets her citizenship. But today I got laid off from work and the immigration officer mentioned that my wife should file I130 ASAP to avoid deportation. In form I30 On line Item 15 it says to enter the name and address of present employer. I got laid of from work on June 19 today and my wife is filing this I130 petition on Monday June 23. My termination letter indicates june 19th date. I will receive my last pay stub on July 3rd.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
Should I put the name of the current employer on line 15 or should I say "unemployed" and explain in a seperate piece of paper about recent layoff? I will be out of status and will be inviting immigration if I mentioned that. Please help.
more...
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bigboy007
08-24 10:45 PM
This is a contract position to work in canada.This is normally through couple of vendors.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.
If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.
Your status in US has nothing to do with Working/Visiting/studying in Canada.
If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.
My employer is a small consulting company,which don't have own projects.So they pay only when I get project with other consultancies companies and bill through them.
You get work visa in canada then you need to be paid in canada..Work visa in canada has nothing to do with that of US status.
If you are getting paid in usa ( it seems like) and planning on working in canada on visitor visa its not legal. This might be the reason.
Your status in US has nothing to do with Working/Visiting/studying in Canada.
If you have used AP you "Probably" not on H1 any more.. there are some contradicting statements of IV members on this before. But I have seen USCIS sending a notice for one of my friend where in which he was advised to use AP ( as he is considered being on AOS eventhough he has H1) in future.
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belmontboy
11-05 09:55 PM
Anyone out there knows the answer?
I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.
why do u want to work part time on H1 with multiple employers?
Why can't u go for full time with Company A??
I am currently working for Company A which sponsors my H1B. I wonder if I can work for another company on a part time basis. What's the requirement for concurrent H1B filing? And does concurrent H1B filing requires a new H1B application against the quota? Please provide guidance.
why do u want to work part time on H1 with multiple employers?
Why can't u go for full time with Company A??
more...
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askreddy
07-26 12:49 AM
Hi
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
Which part of address change trigger RFE
1) Submitting AR11
OR
2) Changing address for pending 485.
Will any one at USCIS does anything/do processing/look into it, if you just submit AR11.
Thanks
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kartikiran
06-18 01:01 PM
I see a lot of members being more passive.
What we would like to do is, if you an idea we are willing to listen. Before that, we would also like to share in this "Meet & Greet" event what IV has done so far and its accomplishments.
Lot of members proably look at IV as a forum where just threads are being created to discuss their problems.
But IV is not a just a web-site. IV has more out-reaching efforts to resolve the problem of backlog of employment-based green cards.
If you are from Long Island and you feel you would like to do something to resolve this immigration crisis, align yourself in this thread.
I hope more smaller "meet & greet" is the only way to lead ourselves to the "BIG RALLY" / "BIG INTIATIVE" what everyone wants. Without grassroots effort, a RALLY or any other BIG INITIATIVE is not going to happen.
We can only look at EADs for two years or Advance Parole cards come in package with the EAD without grassroot efforts. But if you want to bypass all these smaller incentives and look at the end result of getting your green cards, join your state chapters.
What we would like to do is, if you an idea we are willing to listen. Before that, we would also like to share in this "Meet & Greet" event what IV has done so far and its accomplishments.
Lot of members proably look at IV as a forum where just threads are being created to discuss their problems.
But IV is not a just a web-site. IV has more out-reaching efforts to resolve the problem of backlog of employment-based green cards.
If you are from Long Island and you feel you would like to do something to resolve this immigration crisis, align yourself in this thread.
I hope more smaller "meet & greet" is the only way to lead ourselves to the "BIG RALLY" / "BIG INTIATIVE" what everyone wants. Without grassroots effort, a RALLY or any other BIG INITIATIVE is not going to happen.
We can only look at EADs for two years or Advance Parole cards come in package with the EAD without grassroot efforts. But if you want to bypass all these smaller incentives and look at the end result of getting your green cards, join your state chapters.
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kirupa
04-04 09:05 PM
Just to give everyone another update, I am going through the judges' picks right now. I am hoping to have the poll up by Monday.
Blog Feeds
01-20 08:10 AM
I previously reported on changes to the H2B visa (http://www.h1b.biz/lawyer-attorney-1137785.html)program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.
Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:
Argentina
Australia
Barbados
Belize
Brazil
Bulgaria
Canada
Chile
Costa Rica
Croatia
Dominican Republic
Ecuador
El Salvador
Estonia
Ethiopia
Fiji
Guatemala
Honduras
Hungary
Ireland
Israel
Jamaica
Japan
Kiribati
Latvia
Lithuania
Macedonia
Mexico
Moldova
Nauru
The Netherlands
Nicaragua
New Zealand
Norway
Papua New Guinea
Peru
Philippines
Poland
Romania
Samoa
Serbia
Slovakia
Slovenia
Solomon Islands
South Africa
South Korea
Tonga
Turkey
Tuvalu
Ukraine
United Kingdom
Uruguay
Vanuatu
This notice does not affect the status of aliens who currently hold valid H-2A (http://www.h1b.biz/lawyer-attorney-1137113.html) or H-2B nonimmigrant status.
Read the Notice here Download file (http://www.visalawyerblog.com/h2b%20eligible%201-18-2011.pdf)
More... (http://www.visalawyerblog.com/2011/01/h2a_and_h2b_visas_notice_on_th.html)
gchopes
03-08 04:14 PM
Do you get a separate H4 approval notice when you renew H1 and H4 while in the country?
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