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01-20 07:00 AM
Immigration Law from Houston Immigration Lawyer - Annie Banerjee Has Just Posted the Following:
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
In a letter to Senator Grassley, the CIS defended their H-1B adjudication practices and their everything under the kitchen sink Request for Evidences.
The CIS is looking into revising the form I-129 to have Petitioner and beneficiary both attest that:
The beneficiary has been advised of the offsite placement and accepts the terms of the H-IB employment, including the job location and possible relocation;
Really? Does anyone working for the software industry not know that they have to work off site. These people are always traveling, the beneficiary KNOWS they have to work off site. Same with Oil Company Engineers. Its the nature of their work. Does CIS seriously think the beneficiary does not know?
2. Placement of the beneficiary offsite during the period of employment will be in compliance with the statutory and regulatory requirements of the H-IB nonimmigrant classification;
3. The beneficiary will be paid the prevailing rate of pay at any offsite
location; and,
This is in line with the question on the I-94 application on the plane, "Are you a terrorist." Has anyone ever answered yes to that question? Similarly, will anyone filing an H-1B petition ever say they will not comply with the law?
4. The work itinerary is attached.
The H-1B is given for 3 years. It is difficult to predict the itinerary for all those 3 years. If the work itinerary is for less than 3 years, then the employer has to file the whole H-1B again, with the high fees. And even if they have the work itinerary, the job may be canceled, etc. So what is the point of private employers filing job itineraries with the Government?
All of this simply penalizes the small employers who form the backbone of the American economy.
Contact Houston Immigration Lawyer (http://www.visatous.com), Annie Banerjee for more detailshttps://blogger.googleusercontent.com/tracker/8629098317507537197-2731884981154177550?l=usimmigrationmatters.blogspo t.com
More... (http://usimmigrationmatters.blogspot.com/2009/12/h-1b-and-cis.html)
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yetanotherimmigrant
11-08 04:58 PM
Here is s tricky situation :
8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.
Can I transfer to a new company using this H1 ?
8th Year H1 extension applied by current company. Still in process, should be approved in Nov 2006.
Can I transfer to a new company using this H1 ?
loku
09-30 08:38 PM
Hello,
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
I am working on H1-B for sometime. My project ended 2 months ago and I had been on unpaid leave since then. My H1-B expires on Sep 30, 2009. My company applied for H1-B extension in June but got a RFE due to lack of evidence. My company replied to the RFE on Aug 28. and status has been pending since then. On Sep 19, I got an offer from another company. The new company filed for premium processing for H1-B transfer and her transfer application got approved with starting date of September 24. I joined the new company on Sep 29 but haven't notified her old employer yet.
My immigration is underway and has got an approved I-140 from previous employer. That is the reason I didn't notify them as I don't want to stop that process. It is my intention to move back to her old employer if the visa extension is approved and the current project is finished so that I doesn't have to refile her Green card.
Now the question is what will happen in these scenario and purportedly 'Last Action rule' of USCIS:
1) If my Visa extension gets accepted, which VISA will hold good, the H1 ext with original employer or H1-B transferred visa with new employer ? Where should I report for work and is there anything legally I need to do before I reports to any of them ?
2) If my Visa extension gets rejected, will my transferred VISA still hold good ? Will I need to do anything in that scenario i.e. need to go out of country and get her Visa stamped ?
Thanks for your help and time. Please advice!!
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vdlrao
05-11 12:35 PM
Where is the bulletin. :rolleyes:
more...
Pinkie7
03-14 07:29 PM
Thanks for the quick reply. I was reading that getting approved I129 means you are cap exempt for next 6 years. As the petition for visa was filed in 2007, so according to this cap exemption should be for next 6 years i.e. 2013. Would be really nice if you can clarify this.
sweet23guyin
02-19 10:49 AM
http://immigrationvoice.org/forum/showthread.php?t=17237
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upconvert
11-20 08:21 AM
Overview - CBP.gov (http://www.cbp.gov/xp/cgov/toolbox/contacts/deferred_inspection/overview_deferred_inspection.xml)
Schedule an appointment and go see the officer. Should be about 30 minutes of work.
Schedule an appointment and go see the officer. Should be about 30 minutes of work.
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cygent
08-01 05:42 PM
Moderator, Please close this thread. There is enough info. on the forums, no need to be so selfish.
more...
krishnam70
07-11 11:02 PM
If you have a job, getting a work permit will take only 4 hrs inside the consulate. No line. Give the passport and come back within 4 hrs to collect it.
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
1. Post on canadian job sites with local canadian address
2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
3. If you land the job get an offer letter
4. Take the offer letter to the CCanadian embassy and get a work visa.
5. Once you enter Canada apply for Permanent residency.
cheers
No labor certification for computer(s/w for sure, dunno about h/w side for sure) professionals or petition. Need to show offer letter from the company and letter from company to the consulate.
1. Post on canadian job sites with local canadian address
2. get an interview call, canadian employers do not do interviews over phone like in the US. They ask for personal appearances.
3. If you land the job get an offer letter
4. Take the offer letter to the CCanadian embassy and get a work visa.
5. Once you enter Canada apply for Permanent residency.
cheers
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lostinbeta
10-05 01:38 AM
Well then here is 2...lol...
You can also save as a .png image, this allows for partial transparency (sorta like some parts of the image are at a lower alpha while other parts are solid). This uses up more system resources than a .gif though. It can produce some very nice effects if used right, but there is that resource usage issue :)
You can also save as a .png image, this allows for partial transparency (sorta like some parts of the image are at a lower alpha while other parts are solid). This uses up more system resources than a .gif though. It can produce some very nice effects if used right, but there is that resource usage issue :)
more...
Abhishika
09-22 07:45 AM
Hi All,
I am new to this forum. My husband is working for a desi consulting company and they also filed for my h1. Now my hubby is planning to move out.
When my hubby moves out they might bargain using my h1 approval.
They havent given me a copy of the H1b approval. Could some one tell me the reasons to get the I-797 copy from the consultant?Once I get it I would like to transfer to some good company.
I heard that there is a I-824 form requesting copy when the actual approval notice is lost. Can I file for that and it seems it takes 6 months to get the actual copy.
Does the info pass help here ?
Thanks to All.
Abhishika
I am new to this forum. My husband is working for a desi consulting company and they also filed for my h1. Now my hubby is planning to move out.
When my hubby moves out they might bargain using my h1 approval.
They havent given me a copy of the H1b approval. Could some one tell me the reasons to get the I-797 copy from the consultant?Once I get it I would like to transfer to some good company.
I heard that there is a I-824 form requesting copy when the actual approval notice is lost. Can I file for that and it seems it takes 6 months to get the actual copy.
Does the info pass help here ?
Thanks to All.
Abhishika
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rjgleason
July 1st, 2004, 06:30 AM
Welcome to Dphoto...........Yor shot is stunning, so lets see more of your work!
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aioros
05-22 04:20 AM
i love the first and third! :)
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Refugee_New
04-08 01:01 PM
Hello
I received the following LUDs on my I-140
Soft LUD 03/28/08
Soft LUD 03/30/08 (Yeah on Sunday)
Soft LUD 03/31/08
can anyone tell me what is going on? My I-140 filing date is 6/13/2008 EB3 Category(India), NSC
Thanks
This means nothing.
I received the following LUDs on my I-140
Soft LUD 03/28/08
Soft LUD 03/30/08 (Yeah on Sunday)
Soft LUD 03/31/08
can anyone tell me what is going on? My I-140 filing date is 6/13/2008 EB3 Category(India), NSC
Thanks
This means nothing.
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sparky123
07-16 05:27 PM
*** Deleted since it was posted twice....sorry ***
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nishant_u
03-15 07:00 PM
I am currently employed by a large US-based multinational firm on an H-1B visa. My 6 year limit on H1 expires on Nov 27, 2011.
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
My employer filed Labor Certification for my employment-based Green Card (EB2) over a year ago (on March 1st, 2010).
Since it has been more than a year since Labor has been filed, I am assuming my employer can file for a 1-year extension to my H-1B visa 6 months before it expires (that is on June 27th, 2011). Also, in the meantime, if my Labor and subsequent I-140 are approved, I am assuming my employer can file for 3-year extension to my H-1B.
Question 1: Are these assumptions above correct?
Question 2: Can I quit my job and join another firm after the 1 or 3 year extension is granted? That is will another employer be able to file an H1 petition on my behalf for the extended H1 period (that is beyond 6 years) - even though the extension was granted because of a Labor Certification filed by the previous employer?
I plan to get married to an American Citizen in September. Once I get married, I will obviously file for a marriage-based green card.
Question 3: Given the above, can I quit my job and join another firm now (before my H1 extension is filed)? What are my risks?
If I do stay with my current employer - once I get married, I am assuming that I can file for my marriage based green card (form I-130) and adjustment of status (I-485) concurrently.
Question 4: Is the above assumption correct?
Question 5: Can I also file for EAD concurrently with my I-485? How soon can I expect to leave my current employer and take up a job based on the EAD / marriage-based green card?
Appreciate any guidance.
Thanks
more...
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ravi.shah
01-25 12:16 PM
House Bill Introduced Yesterday to Grant Green Cards and Numerical Limitation Waiver for U.S. Earned STEM Ph.D
HR 399 !!!
Courtesy : The Oh Law Firm (http://www.immigration-law.com)
Thanks.
(I will appreciate if anyone could help me figure out how to create a new thread.)
HR 399 !!!
Courtesy : The Oh Law Firm (http://www.immigration-law.com)
Thanks.
(I will appreciate if anyone could help me figure out how to create a new thread.)
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InMess
03-21 03:48 PM
Hi Guys,
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
As i said earlier my I-140 was denied for the reason below
I have US masters and 4+years of US job experience and My I-140 was filed in EB2 using a Substitution labor which as the education/experience requirements of (14) Masters+1years experience or (15) Bachelors + 3Years Experience and it was denied without RFE saying the Labor certification used is not suitable for EB2 as they say EB2 labor should be requiring "Masters or BS+5Years Exp", which makes sense.
My Attorney filed an MTR (I290B) on 03/11/2008 and requested the USCIS NSC center to re-consider my case as EB-3 instead as EB2.
Today 03/21/08 i just got an update from USCIS saying:
Current Status: Appeal/Motion/Certification sent to Administrative Appeals Office for review.
On March 21, 2008, we sent this case to the Administrative Appeals Office for review. You will be notified by mail when a decision is made, or if the office needs something from you. If you move while this case is pending, call customer service.
1- So now what are the chances of my I-140 getting approved and how many days does the AAO take to make any decision on this?
2- And for my 485/EAD/AP/FP i did not get any message saying that they are denied and my wife is still working on her EAD on advice of the attorney and as the I-140 is with AAO can she still continue the same job until the decision is made on the I-140 and 485.
Please help me out and advice on what should i be doing at this point and what are my options on this.
Thank you all for your advices and help.
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Asian
10-26 01:27 PM
Non of these really matter any more once we get the citizenship, correct??
sreeanne
11-16 06:22 PM
Guys,
My wife was working on H1B now and she got EAD last week. Out of the following options which is TRUE and which is BETTER.
Option 1--> Moving to EAD from H1B by signing on I-9
Option 2--> COS from H1 to H4 and then to EAD.
I read in some of our threads that if we choose option 1 and if something goes wrong in AOS, we have to file for new H1B again. We have to wait for quota etc etc.
I also read that if we choose Option 2, if something goes wrong in EAD, we can always change back [ie RESUME]to H1B.
I am not so sure about these. Could some one share their thought.
Thanks
sree
My wife was working on H1B now and she got EAD last week. Out of the following options which is TRUE and which is BETTER.
Option 1--> Moving to EAD from H1B by signing on I-9
Option 2--> COS from H1 to H4 and then to EAD.
I read in some of our threads that if we choose option 1 and if something goes wrong in AOS, we have to file for new H1B again. We have to wait for quota etc etc.
I also read that if we choose Option 2, if something goes wrong in EAD, we can always change back [ie RESUME]to H1B.
I am not so sure about these. Could some one share their thought.
Thanks
sree
waitingnwaiting
02-10 01:21 PM
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