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looneytunezez

11-02 12:19 PM

Thanks...but i agree with your paralegal friend.......there is no logic to it all.
logic and law are not usually on "friendly" terms....
i guess the argument is that one who hasn't filed, cannot be counted.... and you cannot file until you are current.... so no backlog exists .... so non-filers (due to PD) do not exist and hence there is no "official" classification for them i guess.


I know what looneytunezez says is logical, however, a friend of mine who is a paralegal in a big immigration law firm says otherwise (something similar to what blacktongue says) - don't know what to make of it, hence the post..

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baba84

04-28 08:17 AM

could you be a little more specific as to what "a" and "b" or "h" are addressing.

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sidm1810

04-18 02:39 AM

hello experts..

My husband and I are working on H1B visa.My husband has filed for Green card..

Now my question is at what stage in my husdband's Green card process, will I be eligible for the visa extension
if 6 years on H1B are over??

If I also file for the green card, I get labor cleared and just in case I lose the job.Then what options I have
for visa extension?If I join another company do I have to have again labor cleared to get additional visa extension
at the completion of 6 year?what happens to priority date,can I use earlier GC filing priority date?

Many thanks..

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smccrea

03-01 06:16 PM

I would return home to Canada. I am not sure of the immigration policies in India :)

Could you point me to chapter and verse from some official DOL or USCIS website?

Thanks.

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iheartindia79

10-23 02:15 PM

I got LUD on AP (I-131).. What does it means? Is there any problem or RFE..

I saw a LUD on AP too. But, I have no idea what does it mean.
Anyone who could share?

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ssdtm

03-14 04:34 PM

Big cos generally file a new Labor and are hesitant to hire if someone is beyonnd 6 yrs period. Even if you convince them that your old PD can be transferred, they are not convinced....(or do not know much about the process).

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h1bwala

04-25 11:38 PM

I have a query related to entitlement of salary and back wages. I was laid off by a big MNC software company based in Texas in Oct 2009 . Just in span of 1 week , i was offered a position by desi consulting company starting November 1 . They started my H1 transfer process stating starting date as November 1 on LCA petition . I was told to wait until H1 receipt comes and client gives green signal to start the project.
Even after getting the receipt on 30th November , i was never sent on project neither paid .
I waited till 31st December and left the country on 1st Jan 2010.

What are my rights ? Am i entitled to get the back wages as stated on LCA petition because i was never paid by employer till date ?
What is the duration period i could get the salary ?

Please let me know the process to get my pending salary if i am entitled to get any

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admin

02-26 07:15 PM

Thanks to all the enthusiastic members who attended the call today(Feb 26th). The number of people who attended the call were far more than what we had expected. We hope you are now more convinced about Immigration Voice and it's cause.

As explained in the call, we do need more people to come forward and help us in many of the teams that we have. If you would like to work in any of the following teams, please send an email to the email id listed next to it.

1) Membership - jay@immigrationvoice.org
2) Meet the lawmakers - pratik@immigrationvoice.org , anurag@immigrationvoice.org
3) Publicity & Media - sunil@immigrationvoice.org
4) Liaison - aman@immigrationvoice.org , shilpa@immigrationvoice.org

Given the response that we had today, we will try to make this as a regular feature of Immigration Voice. And definitely with a better conference calling system.

Please let us know of your feedback here about the call and Thanks once again.

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Orange

01-17 07:47 AM

I mailed my EAD application around 2nd week of Dec'09 to Nebraska. I too was waiting for my check to be encashed. However, last week I got the check( with the correct amount of $340.00) returned. Couple of days later I got my EAD application receipt with the application fee shown as $0.00. My attorney was fine with it.

You should be getting your application receipt soon. If not, get in touch with the customer service.

Hope this help!

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aim-high

03-25 08:34 AM

Hi

Thanks for your reply.

See according to the consulate, they say the following
passport or travel document valid for at least three months after visa expiry date

In this case, they mean the schengen visa expiration date. For example, if I am travelling from April 1 to April 20th, they will give me visa only upto April 20th. They want my AP to have expiration atleast 3 months from April 20th (which will be July 20th) but my AP is expiring on April 10th.

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UNFLUX

10-04 12:35 PM

http://www.unflux.com/bb/thumbsup.gif

/unflux
:cyclops:

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waiting_4_gc

07-17 09:39 PM

Hi All,

Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.

Anyone got any clues?

Thank You

Rajesh Alex

Here is the update from USCIS:

http://www.aila.org/content/default.aspx?docid=22912

As per the memo, they accept I-485, EAD and AP applications with old fee till 08/17

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priya.r

12-24 01:30 PM

Hello,

Iam currently on OPT till April 16th 2010. I have been offered a Job in a non profit organization for the position of an accountant. The current rate I will be getting paid is 16$ per hour and the company has agreed to apply for my H1B in March 2010.

The company that I will be working for are totally unaware of the Immigration laws as I will be their first H1B hire. Now according to the department of labour, the minimum hourly salary rate is 19.93$ an hour for an accountant.

If the company appiles for my H1B before april 15th 2010, by when will they have to increase my horuly rate to 19.93 $ ?

Should the increase happen on October 1st 2010 when the H1B kicks in,

or should the increase happen when the H1B gets approved ( between april - october )

or should the company increase my salary to 19.93$ an hour even before we apply for H1B ?

or should the increase in the pay happen on the date of expiry of my OPT, i.e. April 16, 2010


I also know that I am eligible for H1B cap gap (for the period between the expiry of OPT and the date the H1B kicks in).


Hoping for your valuable replies as soon as possible.

Thanks

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vinabath

03-17 04:30 PM

1. your employer has to proffer you a position which has either BS+5 or advanced degree as minimum requirement.
2. you accept it and ask your employer to start the GC process.
3. your employer applies for Labor Certification for the proffered position.
4. your employer applies for 140 for the cleared labor. here the employer requests the USCIS to use the earlier PD of your approved EB3 140

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for_gc

05-06 03:23 PM

Also add Project Manager/Project Lead as well.

My company filed my labour for PM/PL but job classification code is that of SE (Occ. Code 030.062.010)

I guess any kind of lead activity involves some kind of co-ordination/planning anyways of subordinate SE's.

I have also seen PM labours under some different occ. code.'s as well something like Technical Manager

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Prashanthi

07-14 03:35 PM

Yes this can be done as long as the investiment is substantial $50,000 or more and the revenue earned is not marginal (the income derived from the business should not be just enough to support the applicant and his family). The investor possesses means of support independent of the enterprise. It may benefit applicants for an E-2 visa to demonstrate that their investments will result in the creation of jobs within the United States.

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h1techSlave

04-07 03:16 PM

Anybody from MD interested in meeting representatives?

I have been part of the recent advocacy efforts in DC and feel that we need to continue the momentum. If any one is interested in meeting Congressmen/women and Senators, please reply in this thread.

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ravicmv

05-20 11:05 PM

Helllo Experts,

Here is my Case:

Have 4 yrs of work experience and changed 3 employers in the past.

1 st employer: Worked as a Programmer Analyst for 6 months
2nd employer: Worked as Sr.Software Engineer for1.6 years
3rd Employer: Worked as Sr.Software Engineer for 2 years

Under unexpected circumstances, 2nd employer filed my H1 for a senior level even when I have only 2.5 yrs of experience.

I am trying to change job and look for a prospective employer who would file my labor/GC immediately.

The 4rth employer is willing to my GC but the Job designation will be Software Engineer.

Can you please advise if there would be any negative impact on my GC process if I take a step down in my title.

I liked the organization, work environment and all I am concerned now is about any RFC's for the different Job Titles I had so far.

I am in a very confused state and Please advise me as I need to respond for the Job offer.

I sincerely appreciate your help.

Thanks,
Ravi

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vishwak

01-01 03:17 PM

There won't be any issues.

BTW, whats your port of entry.

While leaving take all appropriate documents like Paystubs, Employment Verification Letter etc and also you vacation approvel details if needed.

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loku

08-16 08:03 PM

I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.

Now I have some questions. Any help is greatly appreciated:

1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.

Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?

2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?

3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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seaken75

10-04 03:40 PM

I forgot to add another question:

Any July fliers with EAD approved with NSC?

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