krishna_brc
06-17 02:56 PM
Past 180 days, I-140 revocation does not create any problems. Even if you get H1 transferred, you can still get EAD renewed. Make sure new job has job duties 'same/similar' (soc codes matches)
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
Hi GCCOVET,
What will happen in the below scenario
Company A sponsered GC, 140 approved and 180 days passed filing 485
if we shift to company B using H1 transfer should the new job on H1 be same/similar to GC job?
Thanks,
Krishna
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macrosky
06-13 11:29 PM
I am working in Company A and currently on OPT. My 2008 H1visa has been approved. It will be effective on Oct.1st. Now I got a much better job offer from company B, and need to join the new company in July. How can I transfer my H1 visa? Thanks a lot in advance. By the way, I can work on OPT for any employer before Oct 1st.
arnet
02-26 04:10 PM
H4 visa holder can pursue their studies in US but they cannot work while studying.
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
he/she should stay in H4 visa if you filed (or want to file) I-485 based on your dependent's I-485 application because F1 visa holders are not eligible for I-485 dependent benefits and changing from H4 to F1 will cancel the I-485 application if he/she already filed based on dependent application.
so better to stay in H4 if you filed or want to file I-485 based on your dependent's application until you get GC.
My wife is completing 6 years on H1 visa in Sept 07. She is planning to join school which will isssue her I-20. The school starts in Aug07 and she need to go to India for 2 weeks in Nov 07.
Can she get H4 stamped from canada on my H1B, so that she do not face F1 rejection in india?
Thanks
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nousername
03-18 09:35 PM
What happens if your W2 is higher then the prevailing wage? Like $22K higher?
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
You are thinking too much. Whether you are in Bay area or in NYC , it does not matter. All they care is whether you are getting a salary mentioned on the LCA or not.
I
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ksvreg
09-25 11:16 AM
My H1B expired in April 2008. My company is not willing to extend H1B any more due to the reason that I got EAD and I-140 approved and pending 485. Is it possible to get H1B extension from current or future company based on approved I-140? Or Is it too late?
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
You might wondering why do I need H1B now. I am not sure why I need H1B. Some of my friends who had trouble in their I-140/485 were able to survive with H1B. So, it looks like it is better to have dual. H1B and EAD.
Please advise.
map_boiler
05-15 09:19 AM
Good job Learning01, Shrey!
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sabbygirl99
07-07 08:57 AM
I have described my situation below. Can someone please tell me if they have ever encountered this and what is the best avenue to take?
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
1. My LC was sent back to me on Tues (after 4 years).
2. It was neither denied nor approved. They said that I did not make at least 95% of prevailing wage rate.
3. I am currently a little less than that if I can take into account all bonuses etc.
4. The company's immigration lawyer (outside counsel) is saying that if I think that I will probably meet the wage rate threshhold by the time entire GC process is complete, then it's OK to amend LC and say that, "Yes, I am making that much money".
5. Else - other option is to challenge the DOLs definition of prevailing wage rate.
6. Company lawyer/HR (I don't think any of them have any immigration law background) are all confused about it. They are not sure whether I can take bonuses into account. If I don't - then it is less likely that I wil reach prevailing wage rate at next review.
7. Also - they are uncomfortable saying that I WILL meet PW. I guess they think that I will hold them to it and then just slack off until my review.
What should I do???
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Ramba
05-04 06:35 PM
thanks, thats a nice and sensible explanation. Thats true long absense can effect adversly, if some one is on h1.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
In most cases, if employer thinks that the employee will retrun to USA after 5 or 6 months and resumes the work, they usually won't revoke H1B. Therefore, you can come back after 5 or 6 months, if H1B approval and visa is still vaild. The key is, you should not be in US payroll and earn US salary while working in India. This will be the violation of LCA.
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pmamp
12-05 01:58 PM
I found this link for LC case disclosure data. I don't see any case data for 2005 cases which were filed pre-PERM. If someone has that link please share.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
http://www.flcdatacenter.com/CasePerm.aspx
It was given on LC copy. Also, some one last year posted a URL to DOL website where all the LC in each particular year where published as a part of public disclosure. I could actually found mine with my company name, date, salary and some guestmates. I will post the URL if I can find it back.
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TO BE OR NO TO BE
10-22 08:33 AM
Just curious! I think with the new job one can start EB2 Process and port the existing PD. right?
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
Yes. I consulted a famous laywer earlier this month on this issue. She mentioned to me that normally USCIS don't have any issues in porting even if your previous I-140 is revoked, but law allows them to not let you port the PD (only in the case if previous employer revokes I-140). Just to clarify though, previous employer's I-140 withdrawal does not effect your existing green card processing as long as I-140 was approved and 180 days have passed since filing of I-485.
I hope this helps.
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go_getter007
10-18 04:16 PM
Dear Friends, my 140 just got approved at TSC (EB3-India, PD Feb 03, 140/485 filed in July 07). Given the current economic turmoil, my company may lay off people. I have a valid EAD till Oct 09. God forbid, if I can't find another job here after my layoff, is it legal to go to my home country (i.e., India) for a few months and then come back before Oct 09 to renew my EAD? Assuming the USCIS doesn't adjudicate my 485 while I'm away, could I have any problems at the port of entry (since I would be using Advance Parole but wouldn't have a job)?
Thanks.
GG_007
Thanks.
GG_007
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sunny
04-28 01:28 PM
Add my second contribution of $200 to this great effort.
Come on guys before it gets too late.
Good job IV core team and all the volunteers.
Come on guys before it gets too late.
Good job IV core team and all the volunteers.
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DallasBlue
06-23 11:44 PM
even if in july bulletin the dates move back, think anyone can file till jul31st.
The applications will be valid as long as it is post marked before 31st july.
--disclaimer: not a lawyer
The applications will be valid as long as it is post marked before 31st july.
--disclaimer: not a lawyer
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jayleno
02-14 08:42 PM
I think the only person who would be qualified for this would be someone who is cryogenecally(typo intended coz I dont want to google for the correct spelling) frozen like Austin Powers.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
By the way I like the way you start most of your posts with "Incorrect". If the "incorrect" person is lucky, they get appropriately color coded "incorrect" in red. I bow to your wisdom.
>> even 50 years
Incorrect.
Refer to my previous post on this.
.
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pixi
09-13 11:57 AM
W"oaaa thats a col idea man -- the UI is a bit hard to use - especially for clients with no design app experience-- maybe u need to lead people thru the coices-- eg first choose a page layout, pick one of these.. now ...... something like that ..
but wow nice little app, a lot of work I am sure, Looking forward to seeing the finished product. ( its very processor hungry? - hard to use sometimes because of this)
- keep trying - Kudos to u man
but wow nice little app, a lot of work I am sure, Looking forward to seeing the finished product. ( its very processor hungry? - hard to use sometimes because of this)
- keep trying - Kudos to u man
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amsgc
06-15 12:08 AM
Hi,
After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?
Will we need to file for H4?
Thanks,
Ams
After filing I-485/EAD/AP in July, if wife's current student status expires (in Oct) before the EAD card arrives, then what will be her status?
Will we need to file for H4?
Thanks,
Ams
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lvinaykumar
04-22 05:02 PM
For me to even think of getting a GC i might have to atleast move to EB2 from EB3 :mad:
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amundres
01-13 03:54 AM
I live in northern california and has written letters to congressman, first lady but not response.
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rcauvery
07-16 02:01 PM
You can update your signature by going to the user profile on the top left corner of the page and click on Edit Signature on the left navigation bar
http://immigrationvoice.org/forum/profile.php?do=editsignature
BTW - Can you please share the phone number you called to reach NSC?
Good Luck with your processing.
http://immigrationvoice.org/forum/profile.php?do=editsignature
BTW - Can you please share the phone number you called to reach NSC?
Good Luck with your processing.
roseball
10-26 04:42 AM
Shouldnt be any problem..But I suggest to file for withdrawal asap if your wife is not planning to leave the country immediately...Because, she is legally out of status if she has not started working since Oct 1st (Though one can argue on this as she has a AOS pending too)...If she leaves the country immediately, she doesnt even have to file a withdrawal...She can leave the country and either enter on AP and use EAD to work or get a H4 Visa stamped, enter on H4 and use EAD to work....Either way, I dont see any issues here....
hobbyaddict
December 3rd, 2008, 04:32 PM
[quote=Britsabroad;56879]Hey Ed - I chickened out on the Abes deal after reading the reviews - sounds like they make you work hard for your discount. If you went for it, let me know the outcome.
I read quite a few reviews beforehand... All over the board, I am happy to say my experience was fine.
Here is how the purchase went...
They called before sending it out, asked if I was interested in a battery and mentioned about purchasing the extended warranty. I told them that I may be interested in the warranty however I will read the information on line and call them back. I was sure to call back, I did not want to delay the order... I declined the extended warranty, since the one offered was not Nikon's. He did ask why and mentioned "everyone" gets it. That was the extent of the warranty discussion.
After looking over the site, they also have an extended warranty through Nikon (2 year) That can be purchased before a 10 days lapse of owning the camera.
-Ed
I read quite a few reviews beforehand... All over the board, I am happy to say my experience was fine.
Here is how the purchase went...
They called before sending it out, asked if I was interested in a battery and mentioned about purchasing the extended warranty. I told them that I may be interested in the warranty however I will read the information on line and call them back. I was sure to call back, I did not want to delay the order... I declined the extended warranty, since the one offered was not Nikon's. He did ask why and mentioned "everyone" gets it. That was the extent of the warranty discussion.
After looking over the site, they also have an extended warranty through Nikon (2 year) That can be purchased before a 10 days lapse of owning the camera.
-Ed
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