gc_chahiye
07-12 11:59 AM
you wont be subject to cap if you jump to H4 and jump back to H1 since you were on cap subject H1 within the past 365 days. However if your spouse jumps to H4, she can only jump back to a non-cap H1. If she wants to work for a for-profit, she has to go through teh H1 cap.
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
Basically the fact that your H4 was based off a non-cap H1 has no bearing on your own H1 status and cap limits and returning to H1 again.
If you are on 7th year and you get layed off, you can only get the H4->H1 done if you still have that I-140 approved. If in the process of laying you off your employer also cancels teh I-140 you cant come back to H1. You need to wait outside teh US a year and you'll be subject to cap again.
one more thing: I am not sure how long you can stay on H4 and come back to H1 without being subject to cap. (is it 1 year or 6 years)
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andy garcia
07-30 02:11 PM
Many of us are in this situation.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
Can someone throw some light based on prior experience,
who gets the receipt notice when using G-28.
#1. Lawyer Alone
#2. Applicant Alone
#3. Both lawyer & the applicant.
--BB
All the Receipts go to Lawyer Alone.
You will only get the EAD approval(actual card), everything else you are at the lawyer's mercy.
PALLO
04-22 12:05 PM
thanks again
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gc28262
01-15 04:16 PM
I agree.
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)
Visa Recapture or remove country limit for skilled labor (EB category). these would probably be the only ones that will fly.
Maybe they should also keep it low key so less people oppose it;)
Send it through when Mr.King is on vacation:D
Don't keep your expectations so low. Change is on the way ! Senate's color has changed. ;)
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ArkBird
06-26 10:42 PM
If possible, try to get hospital record of live birth. Though it is not birth certificate, it may be used as secondary evidence.
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
I am thinking to get the AFFEDEVITS of my wife from her FATHER and MOTHER stating the inforation of my her BIRTH.
My wife was born in XYZ city but now her parents reside in ABC city. My question is will it be OK if her parents get the AFFEDEVIT from ABC city stating that she was born on XXX in XYZ city or does the AFFEDEVIT has to be made from XYZ city only.
I just thought of this and wasnt sure if its ok or not. Can any one please clarrify?
Thanks in advance. !!!!
gc1024
07-17 06:46 PM
Another silly question.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
Do I file again? My packet reached USCIS on July 2nd. It was not returned.
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chanduv23
07-25 09:39 AM
thanks much, ...
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
This is a new strategy followed by consulting companies. As they cannot stop people from leaving, they would like to discourage this by revoking 140. there are so many scared people out there who want to play it very very safe and will avoid invoking ac21 if they think there could be issues.
You will be fine.
Being in good terms with employers helps - but it has to be from both sides.
i was just worried about not having a salary for those 90 days or so would affect my whole GC process.
Yes, my I140 WILL be revoked. I'm on good terms with my previous employer and this is just something they will be doing to protect their interests.
This is a new strategy followed by consulting companies. As they cannot stop people from leaving, they would like to discourage this by revoking 140. there are so many scared people out there who want to play it very very safe and will avoid invoking ac21 if they think there could be issues.
You will be fine.
Being in good terms with employers helps - but it has to be from both sides.
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qasleuth
07-17 11:51 AM
Do you have a shred of evidence that the programs you quote do not bring in a cook or a dancer or a painter or a programmer ?
I got all these from your first post. What do you call them ?
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
Look around and you will see anti-immigrants spewing this 'evidence' everywhere, from blogs, to news articles, to the senate, to bars. The same arguments are made against 'skilled' immigration which you and I belong to. What numbers do they quote ? Anecdotal nonsense everywhere.
Making yourself sound more skilled but making the same flawed arguments will get us nowhere. Bashing another group is plain BS.
Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time
So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.
I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".
I got all these from your first post. What do you call them ?
"unskilled/low skill immigrants cause higher unemployment", "unskilled/low skilled immigration == jobs not created, remain uneployed", "DV / Family based immigration brings in unskilled/low skilled immigrants"
Look around and you will see anti-immigrants spewing this 'evidence' everywhere, from blogs, to news articles, to the senate, to bars. The same arguments are made against 'skilled' immigration which you and I belong to. What numbers do they quote ? Anecdotal nonsense everywhere.
Making yourself sound more skilled but making the same flawed arguments will get us nowhere. Bashing another group is plain BS.
Skilled = anyone having skills to remain employed (or provide healthy contribution to the economy) at that point of time
So this can be a cook, dancer, painter or a programmer - if the society or economy needs one. Tomorrow, if my programmer skills are no longer required for this economy and country then I can be categorized unskilled labor too.
I am sorry if I look biased. I have no such intentions as I made clear in my first post itself. All my intentions of discussion are based on the definition given above for the word "skilled".
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chaks7
01-20 11:24 AM
My wife is the primary on the insurance and I am the dependent. My employer does not offer insurance. It is a consulting co. I checked with him; he said there were not enough people to go with Group policy and people have to find Individual Insurance. So COBRA may be the only option if something changes with her job.
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sandy_anand
01-24 10:06 AM
Last year the annual cap was 149200, so EB1's share by 28.8% rule is 42963
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Thanks! I stand corrected.
EB1 as you say received 41026.
Spillover from EB1 was 42964 - 41026 = 1944 ~ 2K.
This year we are back to the regular cap so the spillover from EB1 last year was on account of FB Spillover being added.
Thanks! I stand corrected.
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Rajwaitingon140
12-18 12:21 AM
Buddy
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
When I took VISA and entered into Mexico and asked Mexican Immigration Officer please stamp my passport as I entered in Mexico, but he said if you are in Mexico for less than 72 hours then you don't need to take VISA or special permission if your stay is going to more than 72 hours then you need to take visiting VISA...I took it because I was going with my entire family...but I knew my collegues went to Mexico for stamping..without taking any Mexico VISA..hope this helps..if you need any additional info please let me know.
Thanks
Raj
I am planning to visit Mexico (not for H1 stamping - plan to use AP), I had called up their consulate in Philly and was told that they are not issuing visas at that location until Jan first week. The person I spoke to suggested that I go to the consulate in New York. I tried calling the consulate in NY, however, I could not get to speak with anyone there. They had an automated message that lists the things required for the stamping, the visa fee ($36), etc.,
However, no info if I have to schedule an appointment, how long they require to process the application.
Does anyone here have an experience with the Mexican tourist visa stamping?
Thanks in advance.
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texcan
02-16 12:51 PM
Hi Everyone,
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
I will be laid off from an american company by the end of Feb 2009. I spoke to my previous desi employee as my H1b with his company is still valid and he din't revoked it until now
But he agrees to let me join his company but at the same time he worried about few things
Q1) I was with him for 6 months of 2008 and moved to an American Company so the total pay in the W2 for year 2008 is less than LCA amount.
Would that be a problem as i din't work with him for an entire year in which case it is bound to be less than LCA amount..
Mind you i'm looking at the Yearly wage if you look at month wise it is much higher than mentioned in LCA.
Would that be of any problem to both me and employeer.
Q2) He also said that when somebody re hires any one , the employeer is liable to pay back wages for the period of time he was out.
It sounds illogical atleast to me because he didn't terminate me from the job it was me who quit the job and transferred my H1b on a good note , but there is no official document saying i quit the job or he terminated me ....
I would appreciate if some could throw some light on this ....
My future is relied on these issues
Thanks
David
i somehow donot believe this guy....sounds fishy....
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nvishy
05-12 09:36 AM
You have no other option except to wait in Toronto. If the consulate decides to issue visa, then there is no need to go to stamping in India as they will issue the visa themselves.
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monkeyman
10-05 12:46 PM
My wife is still waiting for her AP - Could anyone tell me how to determine the progress on AP - she has her EAD Card though!!!
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gg_ny
10-02 03:26 PM
I can't imagine why people do not want to give whatever I-94 they had collected between two trips out of US. NOt sure of the rules, but the common procedure is to surrender original I-94 AND the ones you got with each H1B. I haven't heard so far that I-94's not returned gained monetary value on ebay or people could use them for anything else. For me, I see surrendering all of them as one ( or some) more document(s) not to worry about.
But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.
But see that is exactly my question. Say u surrender All your I-94 copies. however on entering they still give you a BRAND new I-94 on the airplane (assuming you are crossing by airplane ofcourse). Now That has a totally new I-94 number than what your H1B I-94 had. That is where i get confused.
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webr
01-24 04:29 PM
In 2010 - around 20K visa is issued in EB2 and around 3K in EB3...
Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .
Does anyone know the exact demands for each year from 2005 ,2006,2007,2008, 2009 ,2010,2011 -- then it will give clear picture .
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hypersphere
05-21 09:07 AM
Exactly the same thing happed to me a few years ago while hiking in the adirondacks, upstate NY. If you are within 100 miles of the border the "border patrol police" has the authority to perform immigration checke on you. This is in contrast to local/state police who under-law, cannot ask you for your immigration documents. There is always patrolling on I87 near the border.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
While my status was legal, my records were not up to date in one of their data bases. I was questioned on my status. The officers were stern but cooperative and eventually let me go.
I was asked to keep originals of my travel documents all the time. At the least, keep phtocopies in the car if you are nearing the international broder and keep the phone number of your attorney handy.
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sr77
09-26 01:00 PM
Please update profile before someone can help.
Just did it. I put in the information that I have.
Just did it. I put in the information that I have.
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cris
08-30 09:42 AM
first of all let me thank you very much for your quick inputs
I have a H1B stamp which , as I said, expires march 01/2007 .
The lawyer will fill for extension first week of september .
Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .
During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .
It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you
I have a H1B stamp which , as I said, expires march 01/2007 .
The lawyer will fill for extension first week of september .
Maybe, the application will be pending for 1, 2 months ( is not Premium Processing ) .
During this period, can I travel outside USA ? I read some comments stating that petition will be withdrawn if I do so . Maybe is just a confusion .
It will be great to clarify this issue for me . I know you guys are professionals in immigration issues
thank you
forgerator
11-11 11:49 AM
Thank you for the post. It is really helpful. May I know if the new job should be >=50% different from the current job (EB3) offer? Or it doesn�t matter because of the MS requirement?
Thank you
Project_A
It should be greater than 50% different if you wish to use the previous position's experience.
Here is how it happened in my case
Company 1 - 2yrs exp
Company 2 position 1 - 3 yrs exp
Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).
Thank you
Project_A
It should be greater than 50% different if you wish to use the previous position's experience.
Here is how it happened in my case
Company 1 - 2yrs exp
Company 2 position 1 - 3 yrs exp
Company 2 position 2 - 0.5 yrs exp (I was able to only reclaim the 2yrs exp gained at company 1 but that along with my existing MS degree was enough for filing for EB2. In company 2 both position 1 and position 2 are similar so I could not use those 3 yrs for my EB2).
ysnraju
07-25 10:45 PM
So far not come across
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
But for Filing only Primary and dependent after that all the dependents and primary applicants will have their own Application Numbers and so.
So no wonder Dependent may get approval.....
But lot of questions araises
Just for argument shake please do not expect to happen but for argument
if the Primary applicants is not eligible then what they will do ........ :)
.......
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