bekugc
08-06 05:39 PM
whether you are in h1 or h4, it is important you maintain 'good standing' of whatever status you are in. if u dont have a job, change to H4, so that ur earlier h1 record remains clean (as long as u had H1, u got paid and have proof of pay /employment experience)
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
when you get ur offer down the line, if that company sponsors h1 for you, at that time theyll collect ur experience letters and proof and go for the H1. if the h1 sponsor is a different company, Im do not really think it is treated as a "renewal" since ur status as H1 has ended when u changed to H4. It may be treated as a "fresh h1 sponsor/transfer" for you.
However, you do not have to worry about the annual h1 quota in ur case even tho u have lost ur H1 status. you are included in the exception clause - "Those beneficiaries not subject to the annual quota are those who currently hold H-1B status or have held H-1B status at some point in the past six years and have not been outside the United States for more than 365 consecutive days"
so basically, according to me, if ur employment record is clean and if the new sponsor's requirements meets proper H1 guidelines, you can get back on H1.
im not an attorney..so the regular warning applies!
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cool4maverick
01-11 08:36 PM
It is really tough to get EB2 without work experience. Requiring a foreign langauge usually does not qualify for EB2 category automatically.
Ann Ruben
03-08 12:46 PM
Either your employer, or the lawyer can contact DOL directly in this situation.
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same_old_guy
12-07 01:28 PM
Dont waste your time for FOIA. You will never got it. I have personally applied for FOIA one and half year back and yet to see any response. I really doubt I will ever get a copy of I-140.
In fact I have not seen or heard of anyone getting I-140 copy based on FOIA. Everyone just said they applied or should get the copy someday; that's it. May be you should just go ahead and apply anyway. It has to negative effect but do not plan anything based on it. For example, you will change job after you get the copy or something like that than you will be waiting forever.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
In fact I have not seen or heard of anyone getting I-140 copy based on FOIA. Everyone just said they applied or should get the copy someday; that's it. May be you should just go ahead and apply anyway. It has to negative effect but do not plan anything based on it. For example, you will change job after you get the copy or something like that than you will be waiting forever.
Hi guys,
Does anyone know, When to apply for FOIA for I-140 ? After or Before Approval of I-140. Coz I don't know whether my I-140 is approved or not yet.
Or should we wait until the processing dates cross our reciept dates ?
Anyone who did this successfully, pls enlighten the members.
more...
cox
February 3rd, 2005, 01:06 AM
I agree with Anders. Diagonals are always a nice draw for the eye. Also, a little more DoF would be nice because the bottom right of the leaf is just creeping out of the focal plane. Cool leaf texture, good choice of subject.
guyfromsg
09-08 03:04 PM
Hello Georgia members. Thanks for everyone who is joining the rally. I've created a googlegroup for the GA member. Please join this group.
http://groups.google.com/group/goivgaiv
http://groups.google.com/group/goivgaiv
more...
reddy77
12-16 05:40 PM
Hello Immi Gurus,
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
My wife's Advance Parole is approved and we moved to the new address on the same day they mailed the document, I have updated the Address with USCIS online after couple of days. Its been 10 days and I still didn't get Advance Parole to my old Address, been checking with the present owners about the mail. They have removed our name from the slip which is inside the mail box. I am not sure whether post office returned it or still didn't get the document.
Please advice whats the next step, Should I wait for couple of more days and then call the USCIS? In case, if the document is returned to USCIS, how difficult is to get the document again to the new Address, we are planning to go to India soon.
I would really appciate if someone could update me on this. Thanks so much ....
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BMS1
09-07 09:18 PM
What I meant to tell you was that though my packet was addressed to Saint Albans, fedex tracking showed that it was rerouted and picked up at the nearby town address (probably Williston)
more...
franklin
04-04 03:37 AM
Just in case you missed my other post
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691
On the Agenda:-
Meeting the lawmakers - who, how and when?
pm or email me at tamsen(at)gmail.com me for conference call number and bridge number
For more IV info on meeting lawmakers, see logiclife's post http://immigrationvoice.org/forum/showthread.php?t=3691
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beppenyc
09-22 12:59 PM
Can somebody can suggest me a good immigration laywer?
Thanks
Thanks
more...
vivek_k
05-07 02:07 PM
Can anyone recommend on a good local (in OKC, Dallas) or national attorney that is very successful in these cases. Thank you for your help.
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CRAZYMONK
05-20 09:23 AM
GC is for future employment. So if your current employer have no problems you can just transfer your H1B to your client and start working for the client. Later when your PD is current you can add your wife.
more...
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deardar
06-22 11:49 AM
should this be in color or B/W ?
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pappu
11-12 06:14 PM
Pappu,
Could you please tell me what I am supposed to do ?
Thanks,
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
Could you please tell me what I am supposed to do ?
Thanks,
Please send an email to info at immigrationvoice.org with a proof for your continuing subscription for us to check the records and fix this.
more...
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meridiani.planum
05-15 06:42 PM
(one last bump up...)
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
Odd that folks from 2004 are still waiting, they have been current for a while, maybe file a Writ of Mandamus and get this through?
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Blog Feeds
01-20 07:00 AM
H1B Visa Lawyer Blog Has Just Posted the Following:
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
Effective January 21, 2010, the Department of Labor's iCERT online system will be updated to allow the submission of electronic prevailing wage determination requests. This electronic process will allow Employers and/or their Designated Representatives to submit and obtain prevailing wage determinations (PWD) for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs through the iCERT portal.
Until January 21, 2010, all prevailing wage determination requests must continue to be submitted by U.S. Mail or comparable physical delivery service to the Washington, D.C. address listed below.
BACKGROUND - On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration's (ETA) appropriate National Processing Center (NPC)--which was designated as the Chicago NPC.
Furthermore, effective as of January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.
Requestors must submit PWD requests using the Application for Prevailing Wage Determination, Form ETA-9141 (http://www.h1bvisalawyerblog.com/Prevailing%20wage%20Request%20FORM.pdf).
Requestors must submit PWD requests to the NPWHC by U.S. Mail or comparable physical delivery service at the following address until January 21, 2010 when electronic means are available:
U.S. Department of Labor-ETA, National Prevailing Wage and Helpdesk Center,
Attn: PWD Request:
1341 G Street, NW
Suite 201
Washington, DC 20005-3142
In summary, State Workforce Agencies (SWAs) and the Chicago NPC no longer accept and process PWD requests received on and after January 1, 2010. All PWD Requests submitted on and after 1/1/2010 must be centralized and processed at the DOL Washington, D.C. office until electronic means are available on January 21, 2010.
More... (http://www.h1bvisalawyerblog.com/2010/01/update_on_the_federalized_proc.html)
more...
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Tranter
08-06 02:46 PM
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ozz232
09-07 04:46 PM
I meant before I am out of status.
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
Oz
Also, if there are no paystubs for that period, are there any implications in regards to GC processing or any other way ?
Thanks a bunch.
Oz
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gcbeku
08-12 11:43 AM
My wife has her H-4 visa expired. She has her papers(I-797) valid until Dec 2010.
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
My firm plans on filing an extension for my H1 and my wife's H4 next month. Is it ok for her to stay in India while the H1/H4 extension is getting processed?
Is it ok to travel via Frakfurt? Would she need a transit visa?
Please advice. Thank you,for your responses.
Yes. We faced this problem once. She should either stay in India or the US until the H4 approval notice comes through. Try not to travel after the extension application is filed.
Remember that if she is in the US, then you will submit her current I-94 which will be renewed by USCIS and that will also appear at the bottom of the I-797 approval notice. If she travels back to the US, then she will get a new I-94 (new number) that will expire in Dec 2010 (she will need a new visa stamp to travel, BTW). You then have to go through the additional steps of sending that to USCIS and/or filing again for extending the "new" I-94.
I don't know for sure how big of a problem it is, but I think it is a big problem to have an I-94 that does not match what is on the approval notice.
If she stays in India, however, then she will get a clean H4 approval notice....No I-94 problems there.
But please check with your lawyers too..
Transit visa at frankfurt? It might be safer to get it... will save a lot of hassle. Here is a link.
http://www.germany.info/Vertretung/usa/en/04__Legal/02__Directory__Services/01__Visa/__Transit__Country__List__Visa.html
h1bdude1
03-25 10:03 PM
Anybody Please Reply
hpandey
07-16 03:31 PM
Most of the RFE's for AP are for photographs if filed online. They are probably asking for latest photographs that you would need to send. It quite common.
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