determined_indian
02-14 06:03 AM
I am in the same boat (will be filing for extension within a month)...
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
Just interpreting the amendment as it is - looks like this applies only to new hires...
Link to article from a leading immigration law firm
http://pubweb.fdbl.com/news1.nsf/9abe5d703b986cff86256e310080943a/9305d862a955b30a8525755c0058f9d0?OpenDocument
What is in the Bill?
"
(1) IN GENERAL.--Notwithstanding any other provision of law, it shall be unlawful for any recipient of funding under title I of the Emergency Economic Stabilization Act of 2008 (Public Law 110-343) or section 13 of the Federal Reserve Act (12 U.S.C. 342 et seq.) to hire any nonimmigrant described in section 101(a)(15)(h)(i)(b) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(h)(i)(b)) unless the recipient is in compliance with the requirements for an H-1B dependent employer (as defined in section 212(n)(3) of such Act (8 U.S.C. 1182(n)(3))), except that the second sentence of section 212(n)(1)(E)(ii) of such Act shall not apply.
(2) DEFINED TERM.--In this subsection, the term ``hire'' means to permit a new employee to commence a period of employment"
Common sense interpretation would be - if TARP recipient is looking to hire (new employee) a non-immigrant they have comply with H1B Dependant employer rules.
However, it is upto USCIS & DOL on how to interpret and implement it as a law. If they classify any TARP recepient to be "H1B Dependent" and if they consider H1B extensions as new hire (which is an expansive interpretation), then our extension might have an impact.
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crazyghoda
06-24 04:33 PM
Shaheed crazyghoda. Not sure I like the sound of that.
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
This service will provide fast track program to reach heaven (or hell dependent if you have GC or not) as well. Anyone interested? :D
reddyreddyrahul
05-04 06:26 PM
Hi.
Company A was holding my H1 and i was working at client location at client C thorugh a vendor B. Company A was not paying me correctly and was bugging during my payments.
I dint had any writen contract with A saying i would stay this long Nor any Non copetenct Agrement between me and Company A. Company B is a good friend of mine So i swicthed and transfered by H1 to Company X and still working at C through Company B. So he ended my contract with A and started with X I am not sure if Company A and B had any non compitency Aggrement about me.(I dint Sign any papers). Now A is calling and leaving voice mails saying you are still working at C and will take leagal action on me. Company A still Owes me lot of money around 30K how should my mney back.
Please advice how should i proceed. what legal action possibilities are there that Comapny A can take on me and company B ?
I would appreciate your feedback.
Thanks.
Company A was holding my H1 and i was working at client location at client C thorugh a vendor B. Company A was not paying me correctly and was bugging during my payments.
I dint had any writen contract with A saying i would stay this long Nor any Non copetenct Agrement between me and Company A. Company B is a good friend of mine So i swicthed and transfered by H1 to Company X and still working at C through Company B. So he ended my contract with A and started with X I am not sure if Company A and B had any non compitency Aggrement about me.(I dint Sign any papers). Now A is calling and leaving voice mails saying you are still working at C and will take leagal action on me. Company A still Owes me lot of money around 30K how should my mney back.
Please advice how should i proceed. what legal action possibilities are there that Comapny A can take on me and company B ?
I would appreciate your feedback.
Thanks.
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dohko
04-08 10:04 AM
did you guys select CP or AOS?
Wouldn't CP be faster in dates become current.
Wouldn't CP be faster in dates become current.
more...
lahuja1
01-24 11:43 AM
Hi,
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
I am currently on an H1-B (and also have a I140 approved) with company A. I accepted a job with company B, who started the process for my H1-B transfer by filing the LCA.
My employment with company A ends 01/31, but company B has still not received the LCA approval. If they do not receive it before 01/31, will I be out of status until they file the H1B transfer? Do I need to leave the country?:confused:
yagw
12-07 07:35 AM
Hello,
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
I've been working on EAD for about 4 years now as priority dates are backed up a lot. My I-140 has been approved in 2007 and still waiting on I-485 to get approved. My current employer is not my original sponsor. I changed jobs after the "180 days post I-485 receipt" policy. Now, I'm interested to accept an offer (similar job) in another state. How will this affect my I-485 if I'm changing employers for the 3rd time and this time, at another state?
Thank you very much.
In EAD, there is no restriction on the number of times you can change the job and also in what state you are employed (could be different from the one your labor was filed), provided the new job is in same or similar category.
In your case (moving to a difrerent state), chance of getting RFE for EVL is high. So make sure that the new employer can provide a EVL stating that the new job is in the same or similar category as your old one (for which the labor got approved).
Other than that, you should be fine...
BTW, dont forget to file AR-11 within 10 days of your change of address.
more...
silverfishy
05-06 05:27 PM
Folks:
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
Need advice on my birth certificate matter.
I have my birth certificate. My DOB is correct on it along with Date of its registration (DOB+5 days).
My father's name and mother's name is not spelt exactly the same as in my passport.
Example:
my father's name has an extra "bhai" in the name. xxxxbhai yyyyy zzzzz
my mother's name has only her first name and not her full name. aaaaa
My passport has thier correct full names.
What kind of document(s) would i need to submit in order for me to use thier names listed on the passport? Could this cause an issue?
OR am I preparing for no reason?
Thanks for all your help,
Silverfishy
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glus
06-29 08:11 AM
Post date is NOT Important. What's important is the "delivered" date. Think about. USCIS can't and is not responsible for postal delays. If one sends a package and somehow it does not get delivered for 14 days, USCIS cannot mark the application received until and when it receives it, period.
Please check before posting untrue statements. So even if your application reaches the uscis on the July 3rd, but uscis enters your application to the system on August 1st, your filed date will be July 3rd. So don't worry. Make sure your package reaches USCIS in July and you will be OK.
Please check before posting untrue statements. So even if your application reaches the uscis on the July 3rd, but uscis enters your application to the system on August 1st, your filed date will be July 3rd. So don't worry. Make sure your package reaches USCIS in July and you will be OK.
more...
martinvisalaw
01-07 02:40 PM
Your mother can file a B-2 extension request on an I-539. She should not need to file an Affidavit of Support, just provide reasons why she wants to extend beyond the initial admission period. In my experience, CIS is very generous in granting extensions of visitor status. It my take a few months to get an approval. However, as the previous poster says, she can stay in the US while the extension is pending IF the extension is filed before her current status expires. Good luck.
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Prashanthi
07-06 05:45 PM
The USCIS will honor the procedure to register births or do a name change in the home country, i suggest you submit the documents that you referred to and also get a local attorney to attest to the local law in such matters citing the proper section of the law. Name change before the Court should be sufficient but better to get this verified.
more...
ameryki
04-08 04:14 PM
yep EAD is linked to your 485 application and not your employer. especially after 180 days of 485 filing a lot people consider themselves free to jump the boat with very little to no issues.
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gapala
07-16 01:11 PM
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.
Not necessarly true. Last time when I renewed the AP, it was approved from 2 days prior to intended travel date specified in the application for 1 year. I am not sure what can be done about this 9 months thing.. hopefully other members will pitch in with experience.
more...
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dingudi
02-22 11:04 AM
Hi,
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
You may want to change lawyers for many reasons including personal dissatisfaction, lawyers messing up, high fees , and more... I do not think this will attract so much attention in comparison.Just my thought.
I know there has been lot of discussions on things to do and not to do after changing jobs - but seems like there is no definitive conclusion. Thought of getting opinion on following:
(i) Generally people suggest to send G28 to change the lawyer representation - this helps in tracking what is going on without missing any RFE's.
(ii) Regarding AC21 letter informing USCIS there are contradicting advice even from lawyers - some say that dont do anything until they issue an RFE. Thinking here is that we would attract USCIS attention by sending an AC21 letter that could potentially delay. By not sending the letter they might just approve without any questions.
Based on this, I initially thought of sending just G28 but not AC21 letter. But once we send G28 to change lawyer representation, my application get USCIS's attention anyway - so I am thinking why not send AC21 letter as well as a back up.
Any opinions?
Thanks.
You may want to change lawyers for many reasons including personal dissatisfaction, lawyers messing up, high fees , and more... I do not think this will attract so much attention in comparison.Just my thought.
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Ann Ruben
01-28 09:49 AM
Because you remained in the US for more than a year after USCIS denied your change of status you are barred from entering the US for 10 years. However, you are entitled to apply for a waiver of this 10 year bar pursuant to �212(d)(3)(A) of the INA which, if granted, would enable you to obtain an L-2 visa and legally enter the US.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
If you are not upfront about your prior overstay, you commit visa fraud. As a consequence, you will face a lifetime bar to enter the US with little or no possibility of a waiver.
more...
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ski_dude12
07-13 01:14 PM
Another substitute case...
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
Any reason you went for substitute labor instead of your own?
I applied for I-140 in July 2007 using a substitute labor EB2 (from a different company) with a priority date of Nov 2005 and it got approved in May 2008.
During the same July fiasco, my employer at that time applied for I-485 with a priority date of August 2006.
I didn't apply for priority date porting after the substitute labor I-140 got approved because I didn't have the approval notice.
I read somewhere that even though I didn't apply for porting of the date, USCIS will consider the earlier date. How far is this true? How can I find out my correct priority date?
Thank you
Note: I already posted this in 'August Bulletin Out - EB2 India 01MAR06' but discussion there is totally different. So, posted a new thread.
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kaisersose
05-13 10:58 AM
How come EB3 India, PD Jul 2003 (NSC) got approved?? Am i missing here??
Yes, you are missing something. Check his 485 filing date and his adjudication date.
Yes, you are missing something. Check his 485 filing date and his adjudication date.
more...
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aranya
05-17 01:00 PM
Hello
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
As far as I know/understsand : to be eligible for H1B visa for 2010, a company should applke for H1B on april 1st 2010, so that the person gets it by october 1 2010 right??
if the 65000 limit is still available , lets say after october 1st 2010, can the company still apply for H1B after october 1st or november or even ion december, as long as the H1B cap 65000 is still available??
thank you?
yes
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seanl
08-14 11:55 PM
I filed my I-102 to receive an I-94, ill update this when I hear back from them.
When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?
Thanks, bump.
When I receive the receipt, could I use that for the RFE? I don't think i'll have my I-94 to give to them in the 80 days I have left?
Thanks, bump.
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mmk123
10-14 06:47 PM
That's old news my friend. Recent news is about 50M to Harvard Business School.
Tata Group’s $50M fuels Harvard Business School growth - BostonHerald.com (http://www.bostonherald.com/business/general/view/20101014tata_groups_50m_fuels_harvard_business_sch ool_growth)
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samuel5028
04-26 03:04 AM
Hi ,
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
If you're confident, you always have a change to get cleared everything.
my experience with O visa is that paperwork, presentation, previous track record of the lawyer with USCIS is critical
so in this case, absorbing the 5000 cost difference may be a good idea
Of course you can always ask your employer if they are willing to take that hit but as you know you have a 50 % chance there at the best
So decision is yours
If you're confident, you always have a change to get cleared everything.
jatinr
01-17 11:05 PM
I have received 485 receipts and PD field is empty. My I-140 which was already approved has the priority date specified in it.
Is there anyone who has this column filled in their 485 receipt?
Is there anyone who has this column filled in their 485 receipt?
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