kk_kk
02-19 01:28 PM
I would say go ahead and ask your employer if they can apply another labor in EB2 for the new role. Yes, it is correct that there is a lot of scrutiny these days, but if filed properly and if your compnay has followed all the procedures, your PERM might get approved.
Good Luck
Good Luck
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WeShallOvercome
07-27 02:22 PM
To be very very safe, make it 180 Business days.:D :D :D
Good idea, so mark it for first anniversary of your RD :):D
Good idea, so mark it for first anniversary of your RD :):D
gc_bucs
03-18 10:18 AM
You & your wife should talk to a good attorney about the possibility of using "interfiling" in case of a divorce. I was in the same situation as you couple of years ago & Shiela Murthy's office recommended "interfiling". If you need more information send me a PM
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
Need your opinion on this.. filed for I-485 on EB2 in July 07. I am the primary applicant. I have been married since May '04. Need to apply for a divorce. My wife, a derivative in my application, is holding up the process as it may affect her chances of getting a GC without any sweat. She has an parallel GC process running solely in her name, which I believe hasnt cleared PERM yet (some sort of audit). She is on H1B, extendable for another 3 years, and has EAD from my GC application. Will there be any implications on her application if the divorce goes through? And also, can I out of spite do anything to get her derivative application out of the queue :rolleyes: ?
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gc_bulgaria
10-09 06:26 PM
This is very useful information. So it is the Job Classification code that is important right??
Thats my understanding as well. The information on salary is a little confusing though...
Thats my understanding as well. The information on salary is a little confusing though...
more...
gc_in_30_yrs
09-12 08:15 PM
If you are "on the bench" the employer is obligated to pay you.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
If you state that you are on vacation when in fact your are "on bench", and later misrepresent being on the bench as vacation to USCIS you and your employer either committing fraud or conspiring to commit fraud.
The employer must allow for "on the bench" time in the salary quoted in the LCA that accompanies the I-129 for H1B. If "on the bench" time is not allowed for it probably invalidates the prevailing wage comparison.
If your employer does not allow for 'on the bench' time in the wage rates quoted, then there is a reasonable argument that you are not meeting prevailing wage, and are infact undercutting US wages (and then some of what Lou Dobbs says is right).
If you are a consultant you could drop the quoted salary on LCA (but must remain above prevailing wage) to allow for risk of "on the bench" or any other circumstances. That way there is money to cover any gap. However, that requires more trust in the middle man - employer.
I'm not sure if I've read it right, but it looks to me like you have made a public confession here.
Of course the period between projects is an ideal time for vacation, as there is no project schedule to deal with. So whether the law is being broken I guess depends on what the motivation is for the vacation, something that is hard to prove. If the employer says you are going to tell him that you are on vacation until he finds more work then that sounds illegal. If on the other hand if you say, "how about I take this opportunity for some vacation?", it is okay.
One would hope that USCIS expercise common sense. However, common sense could mean being suspicious of gaps because the system is clearly open to abuse.
Thanks for pointing out the isse I had. I meant to say; only that in between projects; it is okay to take vacation, but I was rude in explaining which caught everybody's attention. My thoughts were As You Explained.
EkAurAaya
03-19 04:10 PM
What are (if any) the tax implications > if a H1b or EAD holder sells his/her house?
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
From what i knew there were no special "taxes" or implications... but someone (a lawyer) recently told me in addition to everything else there is a 10% tax (federal) on selling price?
Can anyone who has sold a property on h1 or EAD confirm this?
Please share first hand experience and not something that someones heard through the grapevine
more...
tejonidhi
11-27 10:35 AM
Hi,
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
one of my friend is working for a desi consuting firm. Due to emergency at his place he has to leave to India dusring the labor substition process. Now the consuting firm is saying that they have substituted a labor for him. They did not apply for I140 for him. Please let me know if there is a way to find weather his labor is substituted or not.
Thank you
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renupond
10-04 10:46 PM
No I am not related to eadguru.
I simply need this info for my spouse.
Thanks
I simply need this info for my spouse.
Thanks
more...
gc_maine2
05-29 03:55 PM
Your attorney is DAY DREAMING.. Don't beleive him/her,
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
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waitin_toolong
07-18 07:03 PM
what if for some reason you miss the flight or it gets canceled, give yourself some buffer time and save a lot of grief.
Decide a few dollars is more important than getting I-485 on time or not.
I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.
Decide a few dollars is more important than getting I-485 on time or not.
I have seen the same thing with B1 people, first they forget the rule is 180 days not six months then they book last day flight and are here beyond I-94 date.
more...
Dustinthewind
01-05 07:33 AM
@thomachan72 - Thank you! Great idea on the trailer with dialogues! Our goal was to create an engaging, relatively fast paced and high level quick Teaser first to get people's attention and then release a Trailer with dialogues just like you mentioned in a few weeks. So the main full film trailer will come out late January/early February. Stay tuned.
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belmontboy
11-03 05:57 PM
Do you guys think this 2008 election will have any impact on the immigration process?
NOPE.
Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]
Now nothing will get done, and they will have no reasons.
Welcome to world of politics my friend :)
NOPE.
Earlier democrats had a reason of not getting things done [Bush's veto, filibuster...etc.etc]
Now nothing will get done, and they will have no reasons.
Welcome to world of politics my friend :)
more...
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Rajeev
10-12 09:50 AM
The maximum duration allowed on L1B is 5 years where as on L1A, it is 7 years. On H1B it is 6 years. Duration spent on L1 is counted with the duration spent on H1 and vice versa.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
The maximum time allowed on H1B is 6 years, this includes the time you spent on L1. This is the reason why you have been given H1B that is only valid for 1 year.
On a side note, the maximum time allowed on L1 is 5 years - you had to go back to India since you have spent the maximum allowable time on that visa.
Now, there are two ways to extend your stay beyond the initial 5/6 yrs granted on H1 or L1 visas.
1. For both L1 and H1Bs: Go back to your country (India) for 1 yr after your initial term expires. After 1 yr stay in your home country, you will be eligible for "another cycle" of L1/H1. So, for L1 you will get another 5 yrs, and H1B another 6 yrs.
2. Another way to extend your H1B is to start your Green card process (file your labor, and then your 140). Once your labor is pending for > 1 yr, or your 140 is approved, you will be eligible for 1 yr or 3 yr H1B extensions. This does not apply to L1s.
Here is what I would suggest for your case:
Best case scenario: Wait until your 1 yr clock resets, apply for fresh L1A (multi national manager). Once you are in the USA, convince your company to file for your green card in EB1 - multi national manager. The EB1 is almost always current, you can get your GC pretty soon.
This is the best case scenario that I can envision for you.
Alternatively,you can come back immediately on H1, apply for your PERM and 140, and then get unlimited extensions based on your GC being pending.
You can also wait until your 1 yr clock resets and then enter on H1 in Feb 2008, where by you might be able to claim 5 more years on H1B extensions ( a total of fresh 6 yrs on your current H1B). eventually, you will have to file for your PERM and 140 and then get extensions beyond the 6 yrs. I think you will need to file a petition with USCIS indicating the H1B clock reset.
Merely applying for L1A will not invalidate your H1. however, entering on L1A will invalidate your H1b (you can only hold one visa at a time - L1 or H1B). BTW... I guess you can not enter on L1 until you reset your 1 yr clock.
If I were you,I would seriously consider entering on L1A and then filing for EB1 GC. This is the quickest possible route for your GC. Unless, ofcourse, you do not want to be with the company for another year or so because your relationship with the employer is strained.
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xbohdpukc
03-05 08:44 PM
Only if the money is going to get you greencards faster!!
This money will go for border fencing, enforcement and technology to stop illegals. Do you think we should pay for all this?
USCIS fees cover none of the activities you mentioned.
This money will go for border fencing, enforcement and technology to stop illegals. Do you think we should pay for all this?
USCIS fees cover none of the activities you mentioned.
more...
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monikainusa
03-22 09:46 AM
Sorry for any confusion. Here are the details :
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
My husband is on H1B visa and he is in US from past 4 years. I am on H-4 Visa and was in USA from past 2 years. We got extension in 2009 for another 3 years for H1 and H4. My husband stays in US but I came back to India for vacation. I appeared for H-4 visa stamping in US consulate in Delhi. After long wait they denied my H4 visa. My question is:
1) what are the options for me
2) Do they revoke my husband I797 H1 who is in US
3) What I have to do ..like appeal ..new petition..
Please advise..
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chanduv23
05-21 06:23 AM
We were driving on i 87 in between Albany and Montreal where they set up a temporary post on the highway and checking every passing vehicle.
The broder security officials asked us for our passport and work authorization and we did not have them with us.
They made us sit for sometime while they verified our valid status and then something funny happened.
My wife's h1b is valid from June 2006 to June 2009 and the status check yielded it well.
Mine, it said Valid status from May 2000 to October 2002. This was exactly the status on my first h1b. So they tried to grill me as to what I am doing in the country after my valid status is over.
I explained to them about h1b transfer .... and how I still maintain status and then they said they can look me up by petitioner's name. When they did that, they found my current record.
Then they advised that we carry documents all times as they are trying to catch illegal immigrants.
So in general, please carry your documents if you plan to go for long drives or fly.
The broder security officials asked us for our passport and work authorization and we did not have them with us.
They made us sit for sometime while they verified our valid status and then something funny happened.
My wife's h1b is valid from June 2006 to June 2009 and the status check yielded it well.
Mine, it said Valid status from May 2000 to October 2002. This was exactly the status on my first h1b. So they tried to grill me as to what I am doing in the country after my valid status is over.
I explained to them about h1b transfer .... and how I still maintain status and then they said they can look me up by petitioner's name. When they did that, they found my current record.
Then they advised that we carry documents all times as they are trying to catch illegal immigrants.
So in general, please carry your documents if you plan to go for long drives or fly.
more...
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akred
06-02 09:18 PM
Science, Technology, Engineering and Mathematics....
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
Is Statistics included in "Mathematics"? It is clear that Engineering, Technology and Science cover a lot of majors.
Does anyone have a list of majors included or any other information on this issue?
Thanks.
I posted the list sometime ago. Do a search for "list of stem disciplines" on the forums.
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gchandu
04-13 08:31 AM
Hi dammu
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
Dont expect a success story with DOL for every complaint. If you are genuinly working in US per labour skill set with your h1 filed petetioner then you can expect something from DOL when you make a complaint. On the other side, if you have not been working for 6 months there is no point in you making any complaints...check with your employer and by now your employer should ask you to leave to your home country per law....
Thanks
Chandu
Hi,
I am on H1B without job and no paystubs.
My employer has been trying to find a project for me but till now he couldnt get anything.
Its been 6 months alreay since I am on H1B visa.
He made me modify my actual experience to include fake projects .
Now I am thinking of filing a complaint to DOL.
I have my H1B petition and offer letter from the employer.
But I am worried that if I file complaint ,my employer will threaten me telling that I faked my experience and submitted fake resumes.
What should I do? Will DOL take any action against me?
Any success stories of DOL complaint filing?
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whyregisteration
12-19 03:08 PM
Hi, friends,
NIW approved(RD: 7/2006, AD: 1/2007 at SRC) while 485 pending (not current country, July 3rd/2007 submitted and taking a rest in SRC also:)), FP has not received yet, called several times but nothing useful up to now.
Now EB1 just approved, I would like to submit another 485, what problem will cause? I heard that the relink would be a good choice, but I also heard some failed while some succeded :confused:
A lot of thanks for any input:):)
NIW approved(RD: 7/2006, AD: 1/2007 at SRC) while 485 pending (not current country, July 3rd/2007 submitted and taking a rest in SRC also:)), FP has not received yet, called several times but nothing useful up to now.
Now EB1 just approved, I would like to submit another 485, what problem will cause? I heard that the relink would be a good choice, but I also heard some failed while some succeded :confused:
A lot of thanks for any input:):)
zoozee
07-30 02:16 PM
Well said by andy garcia "Lawyer's Mercy", this journey to GC is filled with all kinda mercy from....
GC_LOOKIN
05-08 11:27 PM
I think if iam not wrong its not based of the priority date or anything else. Its just random
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..
we received a soft LUD on 04-30 we are july 2007 filers..not sure what it means..