prinive
07-17 06:52 PM
Nop
Another silly question.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
Another silly question.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
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eb3_nepa
11-05 11:27 PM
The following are not counted against H1b caps as far as i know, the list may not be complete:
existing visa-transfer jobs
employees of not for profit entities
University employees
J-1 doctors starting an underserved area job
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
existing visa-transfer jobs
employees of not for profit entities
University employees
J-1 doctors starting an underserved area job
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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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pcs
07-08 09:57 AM
Post his name & nobody will hire him.
more...
morchu
05-21 09:39 PM
1. No
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
2. ??? don't do any amendment. Just file a new eb2-140.
3. No as long as you leave your EB3-140 as it is.
Attorneys or Gurus please:
I have a bit different situation than Raj (rajivkane), so please suggest/answer following queries:
1. Is it advisable to file amendment I-824 or other (requesting an amended approval notice with retention of earlier priority date) instead of filing a new EB2 I-140 once EB2 Labor will get clear? My 485 is pending with EB3 I-140, where as EB-3 I-140 got approved before filing I-485 in July'2007.
2. Or it�s compulsory to file new I-140 with EB2 and once I-140 after that amendment.
3. Will it impact my pending 485 in regards to any of the above cases, which ever is correct?
Regards,
Raman
joydiptac
06-23 02:56 PM
I take this as another posiitve.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
Paves the way for the smaller bills like the family reunification (visa recapture) to be passed without the chirkuts putting stops citing a CIR is required then voting against the CIR.
Agree with u guys lets push for the family reunification bill.
more...
i4u
07-26 09:29 AM
I ported from EB3 to EB2 recently and if its all goes well, my PD of May 06 might be current. Is there any way one can determine if their finger prints, photographs, security checks, etc., are valid and the application is pre-adjudicated and ready for approval.
Since, I ported recently I didn't notice any LUD's in my I-485 application. Any thoughts. Please share your experiences.
have you tried infopass?
Since, I ported recently I didn't notice any LUD's in my I-485 application. Any thoughts. Please share your experiences.
have you tried infopass?
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eb3_nepa
01-14 03:07 PM
Only H1 reform is likely by feb 15th.
Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?
Ok so any news on that front as to when the H1B increase bill will be introduced? Is that bill still on target?
more...
arunmohan
11-19 03:42 PM
job A designation is Software engineer
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
Job B designation is DBA
description of both jobs are almost same.
If i switch job using AC21 is there any problem with USCIS?
what is the chance of getting RFE in future?
guys please help me on this question.
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bhasky25
10-11 01:39 PM
I received and RFE for medical and 325a in June 2009 and nothing after that. I replied to the RFE along with my AC21 from the current employer.
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
My current employer will not file an EB2 petition. Period. Not sure if it is an good idea to file an EB3 through them as it will not take me anywhere. I would rather switch to EAD and look for an employer who would do EB2 for me. But that would be my last option, I still want to work for this employer under H1b. But wanted to know if there will be any problem in getting my H1B renewed as my 140 is revoked. I am past my 6 yrs in H1B (got the previous one approved using my 140 approval).
more...
rajasaab
10-25 09:21 AM
i think your best bet is to get an Indian Visa for your kid...the PIO card takes atleast 45 business days and the OCI takes almost 20 weeks!! I just applied for the PIO card for my daughter last friday at the DC consulate and they said it will be 45 days. BTW..thats not consulate dependent - the website also says that 45 days is the processing time.
also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.
Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!
also.. the US passport took 4-6 weeks (normal processing) you can pay extra and get it expedited.
Keep in mind that when you apply for the PIO card they will take the original US passport so incase you change your mind later and want to apply for a Visa you wont be able to!!
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Apollon
06-30 08:55 PM
thank you very much
more...
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rabis
04-13 02:00 PM
For a medical REF how many days do we have to reply?
Thanks,
RabiS
Thanks,
RabiS
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singhsa3
07-12 09:01 AM
I am trying to upload the document but it not allowing me to do so. Also, I cannot load any document on a public website as it forbidden from my place of work. Can I e-mail this to any one.
All suggestions are good but let them all collect first and we can then modify it later
All suggestions are good but let them all collect first and we can then modify it later
more...
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surge
02-20 08:25 PM
Your authorized period of stay ended on 10/1. Your marriage does not matter. The only reason you MAY be able to adjust status in your situation is the fact that you married a U.S. citizen. It is VERY risky to leave the United States before your I485 gets approved. Please consult an attorney before doing so. AP does not guarantee re-admittance especially when one was EVER out of status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
Thank you for advice. i did not realize the issue was so complex. I did call uscis after i got married before i sent in my OAS papers and asked them how can i maintain legal status after my j-1 expires. they said that since i came legally, haven't broken any rules and got married before status expiration - i maintain "somewhat legal status"(i do not have j-1 2 year mandatory homecoutry stay either). My wife is US citizen.
So i thought even thought period from 10/01 to 11/26 (receipt for receiving both i-485 and i-130) can be considered out of status - after that i can be considered a resident alien which would mean that it is still a legal status.
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qasleuth
07-17 11:51 AM
Do you have a shred of evidence that the programs you quote do not bring in a cook or a dancer or a painter or a programmer ?
I got all these from your first post. What do you call them ?
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
Look around and you will see anti-immigrants spewing this 'evidence' everywhere, from blogs, to news articles, to the senate, to bars. The same arguments are made against 'skilled' immigration which you and I belong to. What numbers do they quote ? Anecdotal nonsense everywhere.
Making yourself sound more skilled but making the same flawed arguments will get us nowhere. Bashing another group is plain BS.
Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time
So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.
I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".
I got all these from your first post. What do you call them ?
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
Look around and you will see anti-immigrants spewing this 'evidence' everywhere, from blogs, to news articles, to the senate, to bars. The same arguments are made against 'skilled' immigration which you and I belong to. What numbers do they quote ? Anecdotal nonsense everywhere.
Making yourself sound more skilled but making the same flawed arguments will get us nowhere. Bashing another group is plain BS.
Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time
So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.
I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".
more...
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GCwaitforever
01-24 11:27 AM
Filing for I-485 is better as after six months, the employers can not do much. Disagree with this post altogether.
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aviko21
10-06 01:31 AM
nah i did call my lawyer who told me that i will recieve the AP and to fax him a copy for his files when i eventually do get it!
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bikram_das_in
09-08 11:35 AM
Could be collect call. I would not trust this.
hitch
07-13 07:37 PM
Hi Dear ,
I got an ofer from boeing I saw expert comments on this forums,I appreciate if u guys help me out in this matter .I recieved an offer letter from Boeing but when HR asked me about the Export control status then she told me to have a GC or Citizen for clearence infact the position for which i got an offer letter was in comercial planes and it has nothing to do with security infact no security clrence (Exempt) is required.
could you please let me that is there any chance i can move fwdand and tell the HR about my case again .please respond to this
thx for ur help.
Hitch
I got an ofer from boeing I saw expert comments on this forums,I appreciate if u guys help me out in this matter .I recieved an offer letter from Boeing but when HR asked me about the Export control status then she told me to have a GC or Citizen for clearence infact the position for which i got an offer letter was in comercial planes and it has nothing to do with security infact no security clrence (Exempt) is required.
could you please let me that is there any chance i can move fwdand and tell the HR about my case again .please respond to this
thx for ur help.
Hitch
furiouspride
01-04 09:43 PM
Hi Chris,
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
Next time, instead of digging up a 3 year old thread, try the PM feature :)
I expedite my petion by calling to customercare. I recieved a letter from USCIS, saying that, your file assigned to adjudicating office. Can you please share your experience and if you get any update please do share with me.
Thanks in advance
Next time, instead of digging up a 3 year old thread, try the PM feature :)
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