singhsa3
06-01 08:31 PM
My apologies, I thought your were talking about H1 Labor
It will be great if someone can send me any reference to confirm that it is illegal..
It will be great if someone can send me any reference to confirm that it is illegal..
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eagerr2i
11-06 03:28 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
eb3India
05-22 10:24 AM
Here is more info on the bill HR 1268 and the ammendment 379
more info on
http://thomas.loc.gov/cgi-bin/bdquery/L?d109:./temp/~bdaWv9h:1[1-257](Amendments_For_H.R.1268)&./temp/~bd2OAS
This ammendmet allowed them to capture unused visa numbers to allocate them to nurses catagory.
more info on
http://thomas.loc.gov/cgi-bin/bdquery/L?d109:./temp/~bdaWv9h:1[1-257](Amendments_For_H.R.1268)&./temp/~bd2OAS
This ammendmet allowed them to capture unused visa numbers to allocate them to nurses catagory.
2011 Just a few white ink tattoos
RDB
05-06 12:01 PM
To get an answer just visit this thread
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
Thanks for the link. Looks like I will have to get ready for an interview!!!!
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
Thanks for the link. Looks like I will have to get ready for an interview!!!!
more...
go_guy123
02-28 09:53 AM
Silicon Valley Immigration Lawyer Blog Has Just Posted the Following:
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.
Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.
The Federal government is about to start knocking on the doors of employers, demanding to see I-9 records and more. The Wall Street Journal reported that more than 1,000 audit notices (http://online.wsj.com/article/SB10001424052748703961104576148590023309196.html?K EYWORDS=miriam+jordan), or notices of inspection, are to be sent out by Immigration and Customs Enforcement (ICE), part of the Department of Homeland Security, within the next few days. These "audit notices" are actually subpoenas, requiring employers to present original I-9 employment verification forms and payroll documentation. An employer is usually required to produce this documentation within three days. A sample I-9 subpoena is below.
Sample I-9 Subpoena (2-2011) (http://www.scribd.com/doc/49508862/Sample-I-9-Subpoena-2-2011)
The second page of this subpoena shows that ICE demands more than I-9 forms. They request records of all employees hired within the past three years, copies of the documents the employee provided when completing the I-9, detailed information about independent contractors, any Social Security no-match letters, and detailed payroll filings.
Employers should realize that these I-9 audits can target any employer, of any size and in any sector, whether or not the employer has H-1B (http://www.geelaw.com/lawyer-attorney-1054805.html)workers, L-1 (http://www.geelaw.com/lawyer-attorney-1054809.html) workers, or sponsors foreign nationals for employment-based green cards (http://www.geelaw.com/lawyer-attorney-1054839.html). As all employers must complete I-9's for new hires and maintain payroll records, all employers should be prepared for an audit. Fines for uncorrected technical and substantive errors on the I-9 forms range from $110 to $1,100. If an employer had technical or substantive errors on their I-9 forms, they might not necessarily realize this and could be exposing themselves to substantial fines.
These audits come as ICE has created an Employment Compliance Inspection Center. The Head of ICE recently explained that this new center would "address a need to conduct audits even of the largest employers with a very large number of employees." (http://online.wsj.com/article/SB10001424052748703951704576092381196958362.html?K EYWORDS=I-9+audit)The center is supposed to be staffed with specialists to pore over I-9 employee files of targeted companies.
http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=yIl2AUoC8z A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:yIl2AUoC8zA) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=qj6IDK7rIT s (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:qj6IDK7rITs) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?i=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:V_sGLiPBpWU) http://feeds.feedburner.com/~ff/SiliconValleyImmigrationLawyerBlogCom?d=7Q72WNTAKB A (http://rss.justia.com/~ff/SiliconValleyImmigrationLawyerBlogCom?a=DpyqOn5n_U s:BRsSWNtzAz8:7Q72WNTAKBA)
http://feeds.feedburner.com/~r/SiliconValleyImmigrationLawyerBlogCom/~4/DpyqOn5n_Us
More... (http://rss.justia.com/~r/SiliconValleyImmigrationLawyerBlogCom/~3/DpyqOn5n_Us/silicon-valley-employers-must.html)
In the era of big government and job growth mainly through increased government payrolls, we will see more of such jobs being "created" and "invented" and in case of the USCIS the costs being passed on in term of increased fees etc.
Unless US is dragged to WTO over these out of control H1B/ L1 fees this will never stop.
acecupid
04-14 10:10 AM
One of my collegues who works for the same company and has the same priority date as myself (March, 05 EB3 ) got his GC last year. Thats the only person I know personally who got his GC out of turn. I havent heard of any other cases, so I am guessing its a pretty rare occurance.
more...
smccrea
03-14 05:31 PM
What if a person creates a company (a c-corp) say to run a restaurant and works in it. I know a foreign national can own a corporation in the U.S.; but are there any estrictions on working in your own business?
2010 White+ink+tattoos+on+pale+
devamanohar
08-15 05:00 AM
Is it necessary to file second time with I-140 reciept?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
What is the fee?
Do you have new form I-485 and I-765 (EAD)?
more...
jayleno
06-20 08:05 AM
I don�t know about the port of entry, but for EAD and AP they might insist. You must have read my earlier post. In my case they had enough evidence to verify that I had a 485 application pending, but they still chose to send it back. I guess it also depends on the knowledge of the person handling your case. The only way to find out for sure is to apply and see if they send it back. Are you the primary applicant in your case or is it your husband? My lawyer said they did not get the 485 notice for 1 year now, but I know for sure that he has it.
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
I went for my driver's license in CT and they asked for an I-485 receipt notice when I showed my EAD as my status. They too sent me back saying they cannot give me a license without the I-485 receipt. You never know where they ask for that.
I would like to know if we can travel on AP without a I485 notice, do they ask for it at POE??
Our attorney never told us that he did not receive my I485 notice till date!! we filed in July and he received one of the notice in Oct 2007. He is telling me now when I about to fly in a months time. He has also asked me apply for the renewal of AP & EAD, he has asked me attach the biometric notice instead of I485 notice and my husbands I485 notice.
Can anyone who has traveled on AP without a I485 notice share their experience. Any suggestions are welcome...
Thanks
hair tattooed in white ink.
schandra
11-25 09:10 AM
Febperm, I just did a search in google "USCIS Appeal bachelor" and I got those decisions based on bachelor degree concern.
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
I demanded for a copy of the Appeal from the lawyer and the company also agreed. In that my lawyer firstly argued Bachelor of Commerce (3yrs) and NIIT qualifies for 4 year US Bachelor, so I should be granted the I-140 based on EB3 "Professional" Category.
Secondly, If USCIS does not agree with Bachelor or equiv based on my education, they also argued that based on the the experience in the same field, I should be granted based on EB3 "Skilled" labor category, thus making case to approve labor in that category.
Becausee it is difficult to convince USCIS that 3yrs Bach or India and NIIT diploma would be considered under Professional Category, I think in my case, I have a chance to get it approved on the basis of "Skilled" Labor.
But i think one has to be mindful to ensure the language of the appeal should be in-line to the labor certification, any inconsistencies makes it difficult to argue as seen in the link i attached in my previous post.
What I would like to know is, what are our options if they Deny the appeal (for cases in Appeal in EB3 and not on EB2).
more...
Pasquale
01-20 05:49 AM
Haha this is great :D
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sertasheep
07-26 09:55 PM
Nice.
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augustus
04-22 10:31 AM
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
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sanju
03-12 10:28 AM
Congratulations GCMan007, thats awesome.
If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.
If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
If you have already received your approval notice then the change in online status is a matter of time. I saw an nearlier post on the forum that said it took over a week for the online status to show that I-485 was approved.
If you could complete your profile information, it will greatly help folks like me who have the PD in the same date range.
After a long 5 years I finally received 485 case approved letter for both my case and my spouse's case. However the online status still shows pending. Is this common?. How long would it take for the online case status to be updated.
EB2- PB Dec2003
485 Filed date: 08/02/07
Texas service center
more...
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pd052009
04-15 12:17 AM
It is our issue.. Lets gather to solve our issue..
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jonty_11
08-06 12:46 PM
did u happen to call USCIS Cust Service...which may have trigerred your approval?
more...
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CCC2006
10-04 03:32 PM
Hi there,
There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.
Best of luck.
There is premium processing available for 140 but like for everything else that is premium .. u have to pay a premium for it. I believe $1k.
Best of luck.
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immi_2006
01-16 12:59 PM
There is something called as recapturing of lost Days on H1. So for example you were out of USA for some time when you were on H1 you can recapture that period. Try googling "Recapturing of H1".
This way you will not be part of the New quota. Hope this helps
This way you will not be part of the New quota. Hope this helps
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larmani
04-29 01:02 PM
If you are the derivative how can they check your salary with your spouse's LCA requirements. I think you will be fine. Check with your lawyer. If you want you can switch to EAD anytime. But once you lose H1 you cannot getback on H1.
shortchanged
07-18 07:16 PM
Since it is asked when was your last entry into USA, your I-94 on 15th has to be entered into the 485 application.So to be safe, you will have to be in USA at the time your I-485 form is filed.Actually if you can overnight First Fedex it,it will arrive at NSC on 17th morning, you will still be in the window of opportunity.Remember,NSC picks up mail only once a day.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
If I were you, I would return back earlier than 15th to be in USA at the time of filing.You never know when your next opportunity for AOS filing will come.
In fact I am cancelling 5 airline tickets ,I am loosing $1500.00 just for this cancellation,in addition to many other inconveniences.I am sending my Mother all by herself.
GCEB2
06-23 08:12 PM
At the POE i was being given I-94 validity till Nov 2008 but i have visa till 2010.
when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back. when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is if i send the I102 form how long will it take to get new I 94 card. And also i need to renew my EAD which i never used before will it cause any problem. Do i need to submit my copy of I94 card for renewel of EAD
Also the other option is going back to my home country and coming back that way i would have my new I94 validity, but what my concern is i got my ssn and does it mean that i lost my H4 status as i havent used my EAD yet
when i asked the immigration officer at POE he told me my passport was expiring in 6 months and told me to get a new passport and come back. when i went back to airport they gave me one I102 form to fill, Iam on H4 visa and i havent used my EAD yet.
My question is if i send the I102 form how long will it take to get new I 94 card. And also i need to renew my EAD which i never used before will it cause any problem. Do i need to submit my copy of I94 card for renewel of EAD
Also the other option is going back to my home country and coming back that way i would have my new I94 validity, but what my concern is i got my ssn and does it mean that i lost my H4 status as i havent used my EAD yet
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