n4nature
02-05 01:25 PM
Masters + 4 years or Master + 0 Years or Bachelors + Exp etc is all decided by the company based on the job title requirements, pay. It is not for you to decide what the labor should be. When company filed my labor I had MS + 3 Years experience from different origanization + 2 years with current organization but the labor was for MS + 0 Yrs experience because that is what the manager & HR thought the company needed and that is how it was advertised. They attached my experience letter from previous employment while submitting the labor but the job requirement never needed it.
Thanks for this answer!!!
Thanks for this answer!!!
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hoosier07
07-18 02:59 PM
Hello guys,
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
First of all thank you very much for your answers in advance.
I am currently on H1-B (valid till 2010) and recently applied for PERM LC. I work for a non-profit organization and the category is EB-2. Nationality: Turkey.
I was planning to go for my GC but my plans have recently changed. I am planning to get married in 2009 Summer (earlier is not possible). I have done my research and found out that if I receive my GC before I get married, it will be very difficult to get my spouse here.
I am expecting to get the LC in about 4 months. Then, most probably I can file I-140 and I-485 concurrently as the visa numbers will be available for my case. However, I am not planning to do it anymore due to the reasons mentioned above.
So, here are my questions:
Now, the new rule tells that LC certification must be used within 180 days. So, can I just file I-140 while single and even though my visa numbers are current for I-485 (Can I seperate I-140 and I-485 and save I-1485 for after marriage - Summer 2009). Does it matter for the purposes of I-140, if I am single - and then add my spouse to I-485 in the US (She will be on H-4 with me here)?
I am not planning to change my job. So, would my I-140 have an expiration date?
Do you have any other suggestions? Thank you!
raysaikat
04-30 08:55 AM
2) On the other hand, h4 prevents you from doing any kind of work while in US. Although u may still be employee of a company in other country, you CAN't work. Simple.
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
This is not a very meaningful statement. Do you intend to say that a person on H4 cannot cook or clean his/her house? These are also clearly "work".
Only meaningful restriction can be that a person on H4 cannot be engaged in an employer-employee relationship with a US company. In other words, a US company/individual cannot pay this individual for his/her work. Whether an Indian company is paying his/her cannot be controlled by the US laws. If that person, say, goes everyday to a physical office on the US and works there, then one may try to argue that it is really the US based branch who is paying him/her, which will be a violation. However, if s/he telecommutes from her home to India, then I really fail to see how can s/he be violating anything.
The bottomline is that all argument boils down to the definition of "work". Do you have a reference that defines the word "work" in the context of H visa?
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mhtanim
11-12 03:16 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
I wonder if 3rd country nationals were allowed to apply for a visa in the past in Mexico.
I came into the U.S. 8 years ago on F1 visa, graduated, found a job and got status changed to H-1B. It's odd to see people like me will not be allowed to apply for a H-1B visa in Mexico.
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rheoretro
09-25 09:26 PM
I see no harm in contacting him; but your excitement about Chandrasekharan seems curious to me. When people who have themselves immigrated from India (who now have GC/citizenship) are so indifferent about us, how can you expect a second generation indian journalist to "understand" our problems ? He does not seem to have done any articles on immigration; so there is no objective way for us to say whether he is really sympathetic to us or not.
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
You bring up an excellent point, Dixie! Don't get me wrong, folks. Rajiv is an eminent journalist, whose articles I read regularly here in DC - I read the Post every day. But he doesn't write about these issues.
The reason why I pointed out the fact Rajiv isn't Indian, but his parents are (though he is definitely of Indian heritage) is precisely what Dixie says. Someone who hasn't had to struggle to legally put his/her feet down here in this country, may not necessarily empathize with us. There are exceptions, though; many notable exceptions!
Remember that even anti-immigration organizations like numbersUSA have lots of members who are immigrants themselves or have immigrant parents.
You bring up an excellent point, Dixie! Don't get me wrong, folks. Rajiv is an eminent journalist, whose articles I read regularly here in DC - I read the Post every day. But he doesn't write about these issues.
The reason why I pointed out the fact Rajiv isn't Indian, but his parents are (though he is definitely of Indian heritage) is precisely what Dixie says. Someone who hasn't had to struggle to legally put his/her feet down here in this country, may not necessarily empathize with us. There are exceptions, though; many notable exceptions!
diptam
08-13 11:49 AM
This is not an " go as you like" game in some 3rd world lawless Immigration Dept.... As long as we have Provided Initial evidence and you have Proof of that - who will dare to reject your case under the current legislations ??
Now what they can do is Probably re-define the word "Initial Evidence" and overload it little more. That wont even matter because your/mine "IE" should be taken from the Doc that was in place during July 2nd - Right ??
What do you say ??
nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!
Now what they can do is Probably re-define the word "Initial Evidence" and overload it little more. That wont even matter because your/mine "IE" should be taken from the Doc that was in place during July 2nd - Right ??
What do you say ??
nothing seems to be moving forward...and this is the last week for Aug 17th...so the more # of rejections/denials without possibility to reapply/re-appeal the less burden or number of applications they will have to process...my thoughts!
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SmSm
05-25 12:35 PM
Does anyone have recent experience with the Chicago office of Consulate of India for passport renewal. How long does it take? 2 weeks, 3 weeks, more than 3 weeks.
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gc_peshwa
03-10 05:05 PM
Does it differ from state to state? IDK..BTW I am in CA if that matters to SBI :)
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canmt
10-26 10:40 AM
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before your visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
I hope this helps and good luck on your green card pursuit...
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franklin
09-05 05:04 PM
Retrogression affects ALL countries. ROW EB3 has been retrogressed for some time.
Please be careful to not spread misconceptions about who is, or is not, affected.
Please be careful to not spread misconceptions about who is, or is not, affected.
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dpp
12-02 03:44 PM
Hello - I just recd. the TRANSFER NOTICE for me & my wife's 485 case stating that the case has been transferred to USCIS-NBC, PO Box 648005, Lee's Summit, MO 64064. We had filed for AOS in July 2007 and my priority date for is April 2006 (EB-2).
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.
I would appreciate it if somebody can please shed some light on what this means for us. What are the implications for us.? Will the case be transferred to the local office.? Should i start to gather documents for a interview.
Would appreciate any advice i can get. Thank you!
Same thing happened to me as well yesterday. Mine is also EB2 April 2006 PD.
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praveen888
04-09 09:45 PM
Ken,
I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.
We never worked in FL state.
My case is tranfered on 8th April'08 and a LUD today(9th April 08).
I am on same boat. Mine and my wife case also transfered from Texas to Orlando,FL.My PD is EB2 sep06 and we filed 485 July2nd'07.140 approved in March07.
We never worked in FL state.
My case is tranfered on 8th April'08 and a LUD today(9th April 08).
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perm2gc
01-08 03:44 PM
They are in mid-30s and if they apply for residency they will finish at age 35yrs and then post-residency is another couple of years. Does mid 30s age in their favour?
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
Would like to get more insight on this issue.
Thanks.
Please post what insight you want to know on the issue.The 30's is common age here.so VO will not buy that...
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nvmurali
06-02 02:40 PM
Hi,
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
I've already completed my 6 yrs on H1, have my 140 approved, applied for extension and got it (before 6 yr expiry). The extension has been approved for 3 years.
Now -- I need to change employers as my employer is asking me to become full time from consulting.
2 questions:
1. Can I use this extension to change employers?
2. Can I start the GC process with the 140 priority date? (Feb '08)?
Thanks
PS: I apologize if this is in the wrong forum.
more...
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validIV
04-27 03:12 PM
Guys..I'm sorry ..I'm mixing up things,,Here are the accurate details..
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Don't see any reason why you would be denied. You will have to wait for the denial letter.
Labour Priority date is Nov'20 2007
My I-140 receipt date is Feb'20 2008..
My I-140 Approve date is Sep'24 2008
My 6 years H-1 will be completed by Jan'2010..but still my H-1 was denied..
Don't see any reason why you would be denied. You will have to wait for the denial letter.
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Life2Live
04-28 04:20 PM
Lot of people just say if u want to complaint about your employer who is exploiting go to DOL. There is no specific guidance to it. If anyone knows about it or done in the past please post the links here. How to know the blacklisted company and how to add a company as blacklisted.
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
Following are the most common criteria I heard
1) Employer did not ran the pay check even though he/she worked for that employer
2) Employer Deducts money for H1B filing, bench period etc.,etc.,
3) Employer Deducts money for GC lawyer and application expenses but did not provide information about lawyer or any progress of GC or partially information of GC.. (I heard from my friends company they filed around 80 people on July 2007 and collected money for lawyer expense but they did not had any lawyer)
4) Deducting money for Bench period in advance...
more...
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sxv7392
12-11 01:22 PM
I really appreciate what the CORE team is doing. I just found out about this a few weeks ago and I see lot of thing happening. I am willing to help in any way possible. I need some direction..............................
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eb3retro
11-18 12:09 AM
Guys:
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
do u have ur approved i-140?
I am currently working through a Consulting company at a client location.
Now, if I were to join the "same" client location as an employee after the 180 day completion of having filed I-485, what are the things that I need to keep in touch before I make this transition.
I do have EAD that is valid till Sep'08. Do I need to tell the client company that my I-485 is pending and that I can work using EAD or should I apply as anyone who would apply for the position without any strings...!!!
I would really appreciate if you guys can let me know any nuiances that I need to be aware of and any caveats that exist in this situation.
I appreciate your time and good luck to all to get the GC as soon as possible.
Thanks
do u have ur approved i-140?
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simple1
10-02 07:59 PM
stay out. Only insane will do that.
It is illegal
- to bear any expenses while processing h1b/gc.
- to accept job that is not there.
Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.
So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.
What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)
Appreciated
It is illegal
- to bear any expenses while processing h1b/gc.
- to accept job that is not there.
Today is oct2nd. Dont forget gandhi. be a man and have righteousness in heart.
So am still little confused... Should I go this route... The reason is the company who is willing to do my GC is doing also in good faith. But with the economy the way it shapes up... they are not sure, but as a good faith they did agree to start my GC process. Well I will be bearing the lawyer expenses...they would manage the mandatory fees. So they have very little to loose.
What do you guys suggest! I have heard many people who work with company A and GC is done by Company B ... ( Correct me if I am wrong here)
Appreciated
sniranjank
07-23 02:08 PM
Delivery date: Jul 19, 2007 9:29 AM
Sign for by: K.LAWSON
EB3- India - Jul03
Sign for by: K.LAWSON
EB3- India - Jul03
vallabhu
12-20 11:13 AM
Does she have valid visa stamped on passport for the day she is landing in US?
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