greensignal
12-31 11:04 AM
thanks for the reply but I agree my h1 stamp is expired but h1 is valid till 2009
You can use your h1b to work after returning to US on AP.
You can use your h1b to work after returning to US on AP.
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thirumalkn
07-26 05:11 PM
Thanks for the info vxg. Thanks for sharing.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
So, did you notify USCIS at any stage about your promotion ?
My duties increased, in past i was doing more tech work now i mostly manage people who do the same tech work but as i said it's all subjected to the lawyer and employer.
vhd999
04-26 06:50 PM
My wife recently travelled to India from Seattle.
At the check-in counter, Lufthansa people insisted that she should pay for the second bag.
Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.
My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.
Sometimes I wonder, where is the end to all this nonsense.
At the check-in counter, Lufthansa people insisted that she should pay for the second bag.
Before the day of the trip, we called Lufthansa and confirmed that we are allowed to take two bags (50lbs). There are no other airlines involved.
My wife insisted that she should not pay for the second bag. After some deliberations and confrontations, Lufthansa reluctantly accepted the second bag with no fees.
Sometimes I wonder, where is the end to all this nonsense.
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sanjay02
11-22 04:49 PM
Hi
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
Any one successful in last 2 weeks in scheduling a Visa appointment in Hyderababad consulate? For last 2 weeks I have been trying to schedule an appointment and it displays message "try after some time" on the vfs-co.in site.
Please let me know if any one was able to do it in last 3 weeks time frame?
Thanks
Sanjay
more...
desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
pitha
07-05 12:41 PM
by now everybody might have heard stories about how USCIS pulled staff and worked overtime and weekends to utilize the 60k visas in one month to prevent the july 485 filings.
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
What I am wondering is why did they do it. One obvious reason is the incresed fee comming into effect from July 30 2007. In addition to it what are the other reasons.
Is there any agenda within USCIS to prevent people from getting EAD and ac21 benefits?
Is USCIS filled with anti immgrant mentality who have takem upon themselves to make our lives difficult?
more...
synergy
12-03 06:29 PM
I applied for my green card almost six years back (EB3 Jan 2003) and working with the same employer for more than 7 years on H1B. My 140 was approved in 2007 September. Recently I got a new job with pretty similar title and job descripiton. The job is in a different state . Here is my question...
Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?
Do I need to go back to my current employer once I get my green card?
Is it possible to go back to H1B once I start using EAD?
Appreciate quick responses.....
Is it better to use my EAD (which is valid until October 2010) or do a H1B transfer? In case my current employer withdraw the 140 application ,whether that cause any issues?
Do I need to go back to my current employer once I get my green card?
Is it possible to go back to H1B once I start using EAD?
Appreciate quick responses.....
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dilber
07-16 06:24 PM
How about setting up a poll to get a rough idea we could create a poll with a salary range and EB level for example 48000~ 59999 EB3 48000~59999 EB2 60000~70000 EB3 60000~70000 EB2 etc. this would give us a rough Idea about Levels and corresponding EB categories. I suggest using numerical ranges Instead of Levels because some people may not know the levels.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
This poll can give us some thing like X% of level 3 are EB2 and Y% of Level 2 are EB3 sort of estimates.
more...
EndlessWait
12-14 09:49 AM
So while you delayed to renew the EAD... you possibly were in US working on H1B. My situation is a little different, I am planning to leave the country for a year... so
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
i checked with my attorney..AOS is for ppl who are inside US and waiting. You should see if you can transfer case to consuellor processing
1) Wanted to check if I can stay out of US for that long while AoS in pending...is there any such restriction that you can be away for only 2 months.
2) That potentially means I won't be getting paid in US... so no payroll for that much time, Is there any restriction on how many payslips I can miss.
Any help in this regard....
i checked with my attorney..AOS is for ppl who are inside US and waiting. You should see if you can transfer case to consuellor processing
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greencardfever2007
06-23 11:58 AM
I have filed I-485 under EB2 category using EB3 priority date along with copy of approved EB3 I-140 approval notice. Now my employer is considering reusing my approved EB3 labor for someone else, thinking that my EB2 I-485 application will not be impacted as it is now filed with CIS. Can the employer reuse the EB3 labor without impacting my case? :confused:
Please advice.
Thank you.
Please advice.
Thank you.
more...
xu1
07-28 05:44 AM
Hi everyone,
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
I have a question on changing jobs. I am on my second H1b and my h1 expires in a little over a year. I have a possible offer for a job and would like to change. My question is if i DO change jobs right now, can i still apply for my PERM and will i be eligible for further h1b extentions?
A friend mentioned to me that your labour needs to be applied for atleast one whole year (even if it has been approved in PERM), to be able to apply for any kind of H1 extentions.
Can someone on here please tell me what the law is on H1B extentions and how it works exactly in a case like mine.
Thanks
Murthy's most recent newsletter (available on their homepage) mentioned how I140 premium processing would enable one in your situation to extend their h1b beyond six years.
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Cataphract
02-17 09:34 AM
After a very enthusiastic and motivating conference call the volunteers have decided to meet in person to network and strategize and agree on the next steps to tackle the pressing issues.
The location is a McDonalds in Tysons Corner, VA
The exact address is
8111 LEESBURG PIKE
VIENNA, VA 22181
We plan to meet on this Sunday, February 19th at Noon.
Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.
The location is a McDonalds in Tysons Corner, VA
The exact address is
8111 LEESBURG PIKE
VIENNA, VA 22181
We plan to meet on this Sunday, February 19th at Noon.
Everyone from VA/DC/MD is welcome to join us, this way we will get to know each other better and can work out a plan faster.
more...
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dixie
11-06 01:33 AM
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
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danu2007
07-22 05:26 PM
Rated..
more...
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rangaswamy
10-25 04:30 PM
Mine still says pending even though i received it 2 weeks ago....
but my spouses status was spot on through the process..
but my spouses status was spot on through the process..
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Macaca
02-26 02:14 PM
Oh Eleanor, I don't even know where to start on this scumbag.
But I do know how to end it.
This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.
But I do know how to end it.
This slumdog needs a solid, old fashioned butt whipping: open to public, health-care-debate-like telecast, take his pants off, bend him over, highest priority to curry with Z-E-R-O U.S. education.
more...
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Jbpvisa
07-07 12:33 PM
I give highest rating.
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snowcatcher
05-22 08:02 AM
I believe this is the transcript of the article that was referred above. It says March 2006 on it and it was done for House Subcommitee on immigration. Hope this link works.
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
http://www.nfap.com/researchactivities/articles/Testimony033006.pdf
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rajivkane
05-21 09:52 AM
HI!
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
I have two I-140(both approved) & want to port earlier priority date of 10/21/2003(EB-3 Classification) to my other approved I-140(EB2 Class-priority date 11/14/2005). My EB-3 I-140 was not approved at the time of filling I-485 in July'2007. Both my lawyer & me have written couple of letters to USCIS to do this but still nothing is done. We received a reply to one of my letter asking us to file I-824 "requesting an amended approval notice with retention of earlier priority date". Both I-140 are from the same employer & I am still with them. My questions are 1) do I need to file I-824 or this will be eventually done by USCIS by reminder letters? (2) Will filling I-824 will harm my case in anyway? (3) What "reason for request" to choose on I-824 when filling- as none of the existing ones fit my case( can I say "see attached" & mention ""requesting an amended approval notice with retention of earlier priority date" on anither sheet of paper? (if any one has this experience please guide me) (4) how long does it take to get this done whether we file I-824 or otherwise?(5)Any good lawyer for this?
Some more :
Murhy.com has following:
"However, we at the Murthy Law Firm see cases in which either the I-140 petition with the earlier priority date was not approved until after the I-485 filing or the option was overlooked. In those situations, NSC suggests that the Application for Action on Approved Petition (Form I-824) can be used in order to obtain proof of the change of the priority date. Form I-824 is not required in order to make the request for retention or change of priority date, but it gives a mechanism to obtain a decision and proof that the request was granted"
Some of the questions based on above:
(1) Do I require to file I-824 based on this since my EB-3 I-140 was approveD after I filed my I-485 based on EB-2.
(2) If yes, can I file I-842 or my employer need to file since this is "application for action" on I-140 petititon?
(3)Why only NSC requires this? Is this law or someone's whim?
(4) I am already waiting for nearly six month's now- based on porting I am current past six months & we already have sent two letters from my lawyer & two from my side for this.
Please guide.
Regards,
Raj
puskeygadha
07-11 04:38 PM
I am in the same boat.
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline
I think good idea will be to ask lawyer and seek opinion..
my fragomen lawyer said they do not have a clue on the timeline
srkamath
07-16 09:09 AM
IF the position needs Master's+ and applicant has a MS+ degree, then USCIS automatically classifies the I-140 as EB2, as the law clearly states this.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
If the position requires (BS+5yrs)+ and the applicant meets this, it will NOT automatically be put into EB2. Employer must ask for the "exceptional ability" provision of the law to get EB2.
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