txh1b
04-20 10:50 AM
Do not ignore it. Go back to the POE (CBP deferred adjudication office) and they could have a date of 1 month on the top portion they keep and forgotten to put a date on the visitor's copy. They will check the system and put a date on the I-94. You may be risking their visa validity if they over stay. Do it ASAP.
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pappu
05-11 11:49 AM
This is a suggestion for members using AILA tool. While we appreciate AILA for creating these useful tools, IV is not part of this AILA campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
If you want to use the AILA tool. Use your own letter and not AILA letter. Make sure not to use words like 'H1B' and 'illegal/undocumented' in the letter. Lawmaker offices will look at it and will not even care to read it fully. They will assume it is for H1B increase or about illegal immigration. Sometimes you will get an automated reply that has nothing to do with your issues you raised in your letter.
There are some good letter templates in http://immigrationvoice.org/forum/showthread.php?t=3999
and some of them do not use H1B word at all. They are totally focussed on 'Green card'. You can choose to use any one of them. As we see the progress on CIR IV will have its own webfax and call the lawmakers campaign.
kondur_007
09-22 09:48 AM
What if the employer showed XXX amount on the Labor Certification, and in the offer letter, but send an offer letter to the employee for YYY, where YYY < XXX? Does the employee is still obliged to for with the employer?
Your question is very short, but this is what I understand you are asking:
If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.
As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:
1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.
2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).
Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.
Good Luck.
Your question is very short, but this is what I understand you are asking:
If GC is approved with XXX salary on the LC and offer letter during the GC process, but then employer only offers/pays YYY salary upon approval of GC.
As far as I can tell, this would be a problem on the part of employer and not the employee. For the most part, employee can leave that employer without any problems in future. what I do not know is, which one of the following option is better:
1. Never join the employer after getting GC as salary offerred after GC is lower than what was on LC.
2. Join the employer for a month or two and then leave giving the reason that "employer did not pay the salary offered in LC". This may be a safer option as you do prove your intention to join the employer and you get a few pay stubs proving that employer is not paying enough salary (not just othe offer letter showing YYY salary, but the hard proof of YYY salary by means of paystubs).
Also if the employer really does not have project, and can not really hire you at a salary offered on LC, and you have good terms with the employer, ask them to "fire" you rather than you leaving them. This way you will be very safe for future citizenship process.
Good Luck.
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bugmenot
04-10 08:10 PM
THere are restrictions on applying H1B via multiple employers. THe candidate will be rejected outright. Read the recent guidance on the USCIS website. So hopefully we will not see multiple applications for the same person this year.
no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately
no ur confused, it was a restriction on multiple petitions by the same employer ,single petitions by multiple employer is legal and now abused , unfortunately
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coolmanasip
02-01 09:49 AM
Congrates! Please stay in touch as others can benefit from your advice considering your extensive experience with the process.
Thanks.
Thanks.
Hydra
09-07 03:53 AM
Sorry people...but when other stamp are insert in the vote list ?
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shirish
10-02 11:14 AM
I am in a similer situation, Did not get a clear answer from any one, but i was told that if i use EAD then my son has to use the I-485 receipt notice and the ap ti renter and the receipt will keep him in legal status.
I am bit confusedon this though.
I am bit confusedon this though.
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snhn
07-14 09:51 AM
suppose this SKIll bill is passed, probablly not this year since election are aboutto happen. what are the chances that EB3 worldwidw will become current when SKILL BILL goes into affect. I am sure there are majority of people here are Eb3 category.
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
What if someone is got a few monts left before they finsih the Masters, but their process in in EB3. Can they take advantage of this bill. Obviouslly one has to finish the degree first.
thaughts?
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vsc
01-31 06:44 PM
thanks for the reply..this means having a dependent visa is the key at the time of approval..
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
if the application was approved and the wife was on h4 (but didnot file her i485 yet..) then she could still file for her i485?
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rongha_2000
10-02 11:42 AM
Gotcha..!! Thanks..
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
No I dont plan to invoke AC21 anytime soon.
Your assumptions are exactly right. Do you plan to invoke AC21 in near future? I think if you switch to a company who is willing to transfer your H1B, you can transfer it as well. This is what my attorney told me some time back when I was in your stage and can still avoid using EAD.
The purpose of maintaining the backup is for safety. Even if your 485 denied, you can still have some time period left on your H1 and can look for other alternative avenues to be here legally and can restart your GC process as well. Without this H1 backup, you have a very little time to do so.
(Though I got GC now, my H1 is valid till end of 2010 :) )
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chantu
06-15 09:53 AM
Anybody pls reply?
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guygeek007
07-24 03:27 PM
I just received some information from my attorney today about my i-140 premium processing application that was filed on 22nd of June,2007 as indicated in the information below. The package & check were returned in the first week of July. A letter indicating the reason for remittance and return was that the labor cert. attached was a photocopy and not the original.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
Suggestions and advice would be appreciated.
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
Now what does not make sense here is that the original labor was sent along with the original i140 application filed last year.
I called the USCIS info line and the rep. suggested that i could resend it with an explanation.
What concerns me is if i do resend it, would it be considered only after suspension of i140 premium is lifted or would it be considered as a case from last month and processed under premium.
Suggestions and advice would be appreciated.
This is my GC application history
1. PD for Labor - Aug 2003
2. Labor(Regular) Application Approved - Nov 2005
3. i-140 applied in Jan 2006
4. RFE received question was for company not self, i-140 withdrawn.
5. Transferred my H1 to the companys sister concern and reapplied for i140 in June 2006.
6. Applied for i140 premium processing on June 22nd, 2007.
Current status for i-140 : Recieved and pending at Nebraska service center.
Questions
Q1. What is i-140 receipt date for premium processing. Is it the date the fed-ex package is recvd by USCIS or is it a date issued by USCIS that should reach my lawyer?
Q2. If in case the USCIS need to provide my attorney a receipt date, we have NOT received one as yet. Does that mean they have not even looked at the application as yet?
Q3. Can i apply for i485 in the worst case that i do not receive approval for i140 by Aug 17th under the concurrent filing rule.
Any assistance would be highly appreciated.
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quizzer
02-25 11:38 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
SAP or Oracle Financials and HRMS
I would suggest you to go with Oracle Apps since they are strong in these 2 domains.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
SAP or Oracle Financials and HRMS
I would suggest you to go with Oracle Apps since they are strong in these 2 domains.
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gimme_GC2006
04-17 03:46 PM
It was mentioned last month in the AINP website that some changes would be there in the NOC list after April 15. Everybody whoever followed this thread saw the message earlier. On April 15 they removed the message from AINP website and apparantly there was no change in NOC list till now. OP gave us correct information when he/she created this thread. See my post in April 15 in this thread and I mentioned that nothing was changed in NOC list. Again going back to my original question did you follow this thread from start? I objected to this comment "I donno why people place messages with Half Knowledge". Apparantly you had the half knowlodge about this whole issue.
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
I think both of you are correct. :)
Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.
there is a big forum on Canada immigration..if you guys want to follow..
http://www.canadavisa.com/canada-immigration-discussion-board/index.php
No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D
hey dude there's nothing in the url u posted once go to the website and click the the pressure list url.that is the actual Noc codes that are active.Today morning when i spoke to the immigraton officer in alberta he was the one who told me ok.
I think both of you are correct. :)
Initially AINP website had a message that starting April15th there will be change in NOC codes..but they removed it last week..so I guess, they are not going to change NOC list for now.
there is a big forum on Canada immigration..if you guys want to follow..
http://www.canadavisa.com/canada-immigration-discussion-board/index.php
No..I am not affiliated with site and I get no benefits by posting the link here..use the site at your discretion:D
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bbenhill
09-18 05:26 PM
Of course you can work using your EAD for your Employer. The reason why so many still remain on H1(even after getting EAD) is because if the I-485 (AOS) is denied, they can still continue to work on H1 and maybe restart the whole GC process. But its not possible once you switch to EAD. You cannot fall back to H1.
LostInGCProcess, his I140 is not approve, how come he can use his EAD ?
AOS can only be use after his I140 is approved.
Thx
LostInGCProcess, his I140 is not approve, how come he can use his EAD ?
AOS can only be use after his I140 is approved.
Thx
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boldm28
06-17 08:27 AM
Years and years of waiting? no kidding. Look at my priority date. And there are people waiting before me. You used a pre-approved labor and have been waiting in the GC queue from what 2006? Dude, in today's world, a reasonable wait for eb3-is anywhere between 10-15 years and eb2 is atleast 5-6 years. I am not mad that you used a pre-approved labor, though in my personal opinion, its a taboo. I am just saying you are lucky enough that you may get your green card much quickly than people like us who have been waiting atleast 8-10 years and trust me, people like your case, usually should be happy.
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you got that rite buddy
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arsh007
12-08 06:05 PM
BTW, what are some of the online MS / MBA schools that the H1B community is attending ? Please share this information as I plan to take up one, and wanted to learn from your experirnce.
Thanks in advance.
My immigration status is H1 (485 pending EB2/INDIA). I am on the verge of completing my 2 year Masters in Computer Information Systems (MS-CIS) from Missouri State in Springfield, Missouri. Its a distance education Masters program with one week of on-campus residency every semester. The program is geared towards working IT professionals and its accredited by AACSB. The quality of education is excellent and fees is very nominal. I even got my employer to reimburse me for the tuition. Please see the following website for additional information on the program.
http://missouristate.edu/
http://mscis.missouristate.edu/default.asp
http://mscis.missouristate.edu/applicationprocess.asp
Please email me at arshstl@gmail.com for additional information.
Thanks in advance.
My immigration status is H1 (485 pending EB2/INDIA). I am on the verge of completing my 2 year Masters in Computer Information Systems (MS-CIS) from Missouri State in Springfield, Missouri. Its a distance education Masters program with one week of on-campus residency every semester. The program is geared towards working IT professionals and its accredited by AACSB. The quality of education is excellent and fees is very nominal. I even got my employer to reimburse me for the tuition. Please see the following website for additional information on the program.
http://missouristate.edu/
http://mscis.missouristate.edu/default.asp
http://mscis.missouristate.edu/applicationprocess.asp
Please email me at arshstl@gmail.com for additional information.
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desi3933
06-25 02:18 PM
I agree. The argument that the AOS applicant doesn't need to have a job now is very aggressive and should only be used if absolutely necessary. If there is any chance of finding a new job soon, the first step would be to ask for more time to respond to the RFE.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
Thanks Elaine.
My understanding is that, from legal point of view, the conditions for job offer must be maintained at all times while I-485 is pending. If there is a time when Job offer, that is same/similar to I-140 petition, is not available then the pending I-485 application can be denied just on this basis alone.
Could you please share your views on this.
.
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tmskhan
05-25 02:18 PM
thanks dude..
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
if you don't mind, can you please answer few questions?
Did u take help from any third party guys who arrange things for you like bank draft/getting mexican permit and other stuff?
Could you list out documents you carried for stamping?
Yes I contacted one of the agents I found on the internet (mexico assistance) who arranged the trip and the hotel accomodations on both sides of the border. I carried all the documents that are usually asked for stamping but the VO wanted to see only my employement verification letter.
baburob2
11-02 02:42 PM
As per my knowledge, GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.
Plz. correct if I am wrong.
My company has filed one of my Labor (stuck in DBEC) from MN, while I am working in Texas from Last five years.
I concur that "GC thru employment is for future job position, i.e. Once your GC is approved you should do the job in that area.". Hence your move is fine.
snathan
01-22 04:22 PM
Hi,
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
My H1B extension got denied, I have n't got the denial notice yet. Can someone please advice what options do i have with out going out of status? and how long i can stay in this country?. My current I94 expired in sept 2009.
Please advice.
Whats the reason for denial...
