delhiguy
06-23 08:51 AM
Dear Attorney.
I would really appreciate your views on this.
My Company says that the Minimum Job requirement for the my JOB is
5 years of progressive exp in developing applications in JAVA
and there in 2 years of experience in mobile systems.
I have 6 years of progressive experience in Java, and 4 years in mobile systems. Do you anticipate any issues with an EB2 approval.
I always thought eb2 is ms/bs+ 5 years of progressive, i never know it could be bs + 5 years in core skills and 2 years in others.
I would really appreciate your views on this.
My Company says that the Minimum Job requirement for the my JOB is
5 years of progressive exp in developing applications in JAVA
and there in 2 years of experience in mobile systems.
I have 6 years of progressive experience in Java, and 4 years in mobile systems. Do you anticipate any issues with an EB2 approval.
I always thought eb2 is ms/bs+ 5 years of progressive, i never know it could be bs + 5 years in core skills and 2 years in others.
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JA1HIND
02-06 08:34 AM
It looks as though they have updated their page. Previously they were suggesting people apply 180 days in advance.
You are right a month ago it used to say 180 days as I have a print out and now it say's 120 days...since we are dealing with notorious USCIS who are very popular of doing such silent updates and there won't be any track of updated time stamp or date stamp anywhere on this website...(which is another useless page) I guess they do it on purpose and not sure if you remember recently how they changed dates for NSC & TSC for 140 processing dates etc....
You are right a month ago it used to say 180 days as I have a print out and now it say's 120 days...since we are dealing with notorious USCIS who are very popular of doing such silent updates and there won't be any track of updated time stamp or date stamp anywhere on this website...(which is another useless page) I guess they do it on purpose and not sure if you remember recently how they changed dates for NSC & TSC for 140 processing dates etc....
fall1998
05-17 03:15 PM
Did anyone from TX who got approved already have their application transferred like this?
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leo2606
08-04 09:26 PM
^ Bump
more...
buehler
07-21 11:54 AM
Hi, Please let me know your thought on my situation. I was on H1 thru Company A. I don't have pay stubs for the last 3 months of 2005 since i was on bench, but got the salary that is mentioned on LCA in pay stubs till end of Sept. When I asked my employer to pay me for the time on bench he said that he has paid the LCA salary and doesn't have to pay.
So having said that, am I in Status or Out of Status?
If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.
So having said that, am I in Status or Out of Status?
If the W-2 is for more than the LCA requirement, you don't have any thing to worry about.
JakeJapan
01-24 12:26 PM
Returning to the US after living abroad for 9 years and need to know what is the best process for my wife to re-apply for green card.
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
Jake
History:
My wife and I have been married for 20 years, own a home in the US and have one child who holds a US passport. While living in the US my wife held a Green Card. However, when we moved she surrendered the card. Now we are returning to the US and she need to get the Green Card once again. Does she need to apply as if this is the first time or is there an application or process for previous residents or Green Card holders?
Thank you for any and all help you can provide.
cheers,
Jake
more...
amsgc
06-17 11:06 AM
A# will be on yr approved I140 above yr name ,in beneficiary column
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
That's correct!
both . copy of i94 original + approval notice . is shd have the same number if u have not travelled outside
That's correct!
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vivasvan
07-26 03:48 PM
Hi,
A consultancy firm applied for my H1b Visa this year (2009). USCIS has denied the visa showing the reasons like:
1) My manager (CEO of the company) and the person I will work under (From the client company) is different.
2) They questioned in same line about the place of my work.(office of the firm and the client).
3) They have some points regarding wages of previously employed H1bs of the firm.
There's no point however about my qualification and experience (I have a degree from IIT and work at India branch of one US multinational). The company says that they have a number of approvals this year and the particular decision depends on the officer at USCIS to a large extend. They can re-appeal addressing all the concerns mentioned by USCIS.
How much are the chances are that a denial would be converted to approval. Is the USCIS going to be very strict and judgmental about the re-appeal of the denial?. May be it is hard to tell, by I greatly appreciate any help/suggestion...
Regards,
Vivasvan
A consultancy firm applied for my H1b Visa this year (2009). USCIS has denied the visa showing the reasons like:
1) My manager (CEO of the company) and the person I will work under (From the client company) is different.
2) They questioned in same line about the place of my work.(office of the firm and the client).
3) They have some points regarding wages of previously employed H1bs of the firm.
There's no point however about my qualification and experience (I have a degree from IIT and work at India branch of one US multinational). The company says that they have a number of approvals this year and the particular decision depends on the officer at USCIS to a large extend. They can re-appeal addressing all the concerns mentioned by USCIS.
How much are the chances are that a denial would be converted to approval. Is the USCIS going to be very strict and judgmental about the re-appeal of the denial?. May be it is hard to tell, by I greatly appreciate any help/suggestion...
Regards,
Vivasvan
more...
indyanguy
11-16 10:20 AM
Mine was sent out on July 2nd. Received AP and EAD. The LUD on 140 and 485 is 9/21/07.
Filed in NSC. No FP yet.
Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update
Filed in NSC. No FP yet.
Why do you think that only LC Sub cases are not getting updated? I don't think anyone who filed for I140 in July have received any update
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user1205
08-29 02:24 PM
Thanks! I'll ask them for the 485 receipt for travel.
more...
martinvisalaw
02-09 10:02 AM
1. Can a new employer apply for H1B extension based on my I-140 approval even though I am not in USA.? My I-140 has not been revoked or cancelled.
Yes, this should be possible assuming your priority date is still backlogged. If not, you can at least get the unused part of your 6 years.
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ? I have copy of the H1B approval but not sure if it has been revoked.
I think I just answered this above.
Yes, this should be possible assuming your priority date is still backlogged. If not, you can at least get the unused part of your 6 years.
2.Can I claim the remaining time on my H1B approval(based on I-140) with company XYZ ? I have copy of the H1B approval but not sure if it has been revoked.
I think I just answered this above.
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FinalGC
03-11 01:11 PM
Make sure that your new reporting manager is aware of your GC process. I had a manager earlier, who midway through my LC process decided he will not support the GC, since he was not my manager who hired me, since i was moved to another group, after my LC was filed...........If needed go up the ladder for buy-in
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MONCYS
03-25 11:14 PM
TSC is down and they are using a new system named "CHIMP" to enhance the operations.
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martinvisalaw
08-05 12:28 PM
I went to US on B1 and came back to india last week, I would like to apply H1 in the current year. Is there any cooling period to apply H1B once come back from US on B1 or Can I start the H1B process immediately.
Your employer can start the H-1B process immediately, there is no need to wait.
Your employer can start the H-1B process immediately, there is no need to wait.
more...
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Blog Feeds
06-08 01:20 AM
Senate Majority Leader Harry Reid is promising immigration will be one of three major legislative priorities this year (the other two are health care reform and energy). It's not news that Senator Reid wants to push for reform this year, but it is the first time I've seen him be this specific on where immigration reform ranks on the priorities list.
More... (http://blogs.ilw.com/gregsiskind/2009/06/reid-well-do-immigration-reform-this-year.html)
More... (http://blogs.ilw.com/gregsiskind/2009/06/reid-well-do-immigration-reform-this-year.html)
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zymorian
03-07 11:38 AM
Hi, this is my first time in the forum and I wish to seek advice on my situation.
I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.
How long is the typical wait? while applying, is it true that my wife can't enter the US?
I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.
Many many thanks,
I'm a green card holder (singapore citizen) who got married while being a US PR. I wish to apply for my wife (singapore citizen) a green card.
How long is the typical wait? while applying, is it true that my wife can't enter the US?
I kind of know the answers but would like to confirm with this forum. I know the situation can be pretty bleak.
Many many thanks,
more...
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kate123
09-30 03:39 PM
We should also request Indian Governtment to take up our Issues with the US.
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080067201
http://www.ndtv.com/convergence/ndtv/story.aspx?id=NEWEN20080067201
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kpchal2
04-08 12:03 AM
so once your processing date is current, then no matter what (if your pd is current or not) they will start the Name Check process or will they wait until my PD is current to get started on the Name check process.
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vicky2008
11-20 11:44 AM
https://egov.uscis.gov/cris/jsps/Processtimes.jsp?SeviceCenter=TSC
gc_hanged
01-20 10:22 AM
I just posted our issue of Legal Immigration in "Discuss" section of this news at yahoo news. Because these Groups are only raising the issue of Illegal Immigration Reform.
Here is the direct link: http://news.yahoo.com/s/ap/20060120/ap_on_go_co/immigration_coalition;_ylt=Ais126qg1vwFi9n0Md63Vfq yFz4D;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--
Please highlight our cause in most popular media like c-span, msn news/blogs and many more
Here is the direct link: http://news.yahoo.com/s/ap/20060120/ap_on_go_co/immigration_coalition;_ylt=Ais126qg1vwFi9n0Md63Vfq yFz4D;_ylu=X3oDMTA5aHJvMDdwBHNlYwN5bmNhdA--
Please highlight our cause in most popular media like c-span, msn news/blogs and many more
bzuccaro
11-08 04:40 PM
H-1B Visa Employer that Does Not Effect a �bona fide termination� under the H-1B provisions Liable for back wages to H-1B Employee.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
To employ H-1B visa nonimmigrants, an employer must fill out a Labor Condition Application (LCA). The LCA stipulates the wage levels that an employer guarantees for the H-1B visa worker�s pay. In signing and filing an LCA, an employer attests that for the entire �period of authorized employment,� the required wage rate will be paid to the H-1B nonimmigrant.
An employer need not compensate a nonimmigrant, however, if it has effected a �bona fide termination� of the employment relationship. To ultimately effectuate a �bona fide termination� under the INA, an employer must notify USCIS that it has terminated the employment relationship with the H-1B nonimmigrant employee so that USCIS may revoke approval of the H-1B petition. The employer must also provide the employee with payment for transportation home. Failure to do so may subject the employer to liability for back wages to the H-1B employee.
In Amtel Group of Florida v. Yongmahapakorn, Amtel provided notice to the H-1B visa employee that it had terminated the employment relationship. Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06). However, the court held that notice alone was not sufficient to end the employer�s obligation to pay the required wages to an H-1B employee. The employer does not effect a �bona fide termination� and, therefore, end its obligation to pay the required wages to the H-1B employee unless the employer has also notified USCIS. The court therefore ordered Amtel to pay the employee the prevailing wage for an internal auditor until the expiration of her authorized period of stay for H-1B employment, plus prejudgment compound interest on the back pay owed and post judgment interest until the employer made full payment.
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