billu
05-27 12:52 PM
because i was getting conflicting opinions, i consulted an immigration attorney from a big law firm. here is what he says:
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
You can start working as soon the new company receives the h1b receipt notice.AC21 portability can be applied to H4 to H1 as well.
Link to AC21 guide:
http : // USCIS Home Page (http://www.uscis.gov) / files / pressrelease / ac21guide.pdf
"D. AC21 105 -- Visa portability
The AC21 105 provides that a nonimmigrant who was previously issued an H-lB visa or provided H-1B nonimmigrant status may begin working for a new H-lB employer as soon as that new employer files a "nonfrivolous" H-lB petition on the nonimmigrant's behalf, if:
(a) the nonimmigrant was lawfully admitted to the United States; (b) the nonfrivolous petition for new employment was filed before the end of their period of authorized stay; and (c) the nonimmigrant has not been employed without authorization since his lawful admission to the United States, and before the filing of the nonfrivolous petition."
Based on above information. I would assume that its safe to start after getting the h1b receipt notice. This is for other people in similar situation so that they get the right info.
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sudhakar_p_v
06-12 11:05 AM
Hi 485_spouse,
I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
thanks
I just e filed my wifes application , can we fedex the documents or does this have to be first class mail. I tried looking for this info but couldnt find any concrete answers.
thanks
h1techSlave
04-07 03:16 PM
Anybody from MD interested in meeting representatives?
I have been part of the recent advocacy efforts in DC and feel that we need to continue the momentum. If any one is interested in meeting Congressmen/women and Senators, please reply in this thread.
I have been part of the recent advocacy efforts in DC and feel that we need to continue the momentum. If any one is interested in meeting Congressmen/women and Senators, please reply in this thread.
2011 Do you know him?
Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
more...
sammyb
02-16 11:57 AM
DS 157 is required based on age of the applicant ... your dad may not need but your mom need it ... pls check the vfs site for age range for DS 157 ...
hope this helps
HI,
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
hope this helps
HI,
I recently booked an appointment for visiting visa for my parents through vfs, during the process , I first entered my Dad's details and then his ds 156, then It asked if I wanted to add additional family members, then I entered my Mom's details and her ds 156 . After that it asked for my Mom's ds 157 and never showed my Dad's ds 157.
So the final list of documents it generated was :
Dad's ds 156, Mom's ds 156,157 , interview letter.
Is this correct, does my dad need ds 157 and interview letter or is 1 ds 157 and interview letter enough ?
Thank you for your time.
pom
10-04 07:40 PM
Ouh, neato! But I don't like the Kirupaforum thing at the bottom :-\
more...
trueguy
09-15 03:09 PM
Delhi Embassy has not updated the Cutoff Date for Oct'2009 yet. We have to wait until Delhi updates their website.
Looks like Mumbai Embassy has made a error while punching in numbers.
Looks like Mumbai Embassy has made a error while punching in numbers.
2010 I was also too good for him.
wisley
10-23 05:49 PM
hi all
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
im in F2B ( LPR filing for son over 21 )
my PD : 12-aug-2009
ON 23-dec-2009 case has been approved , based on the Visa Bulletin currently the are processing visas for F2A with priority date before 1- JUN i think soon " within 2 month " it will become current and thus all unused visa numbers will transfer to F2B ( spilover ) if this happen i assume i will get my paper and interiview within 2011 .
AM I RIGHT ?????
any insight will be appreciated
more...
vactorboy29
02-13 01:52 PM
http://www.ptinews.com/pti%5Cptisite.nsf/0/B1F199E55E5383066525755C002FC411?OpenDocument.
Can we get any help from these guyes?
Can we get any help from these guyes?
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nitrips
04-26 04:41 PM
I was in a similar situation, I took my wife's GC with me when I went to India and she travelled back on GC instead of AP, no issues at the Immigration's.
more...
apahilaj
09-24 03:30 PM
It depends on the I-140 you requested USCIS to consider while you aplied for I-485. There is some process called interifling, where you can later request USCIS to use the I-140 with better priority date against the I-485 so you can avoid multiple I-485.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
hello Jai_Immigration,
I am in a similar situation and was wondering if you have any idea...I had applied for my 485 using an approved I140. Last year I had another I140 applied (since the first 140 application was about to get denied) and this application is still pending at USCIS. USCIS has sent an RFE on this second application last week (which my lawyer hasn't received yet).
Do you think this second I140 application will cause any effect on my 485 application? I had used my first 140 which was approved for my 485 application.
Thanks.
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noida123
07-28 08:46 PM
It Depends on the type of security clearance. What is the type of clearance you applied for in your Dept and what agency do you work for and what type of work?
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
If you are in a very sensitive position which requires a secret clearance, even a GC will not alleviate the issue. Only a citizen can obtain such clearances (classified info.). On the other side, if it is background check like SF85P or NACI or SF86, normally you will be able to obtain one regardless of your immigration status. Worst case, for a clearance, you can try to obtain a Special Waiver from your Dept. I know this since I contracted for the Federal Govt on H1 got 10 yrs.
Regards
more...
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gc_chahiye
11-17 07:43 PM
I have received FP notices both for my wife and myself for both 485 & 765. Code 3 ,2 . The question is :I dont know how FP process works. My wife has very smooth and sweaty hands. When i applied for Canadian immigration during FBI FP process even after n no. of attempts we couldnt get good prints on FP Sheet using INK. Ofcourse through speaking with Canadian Consulate they gave her an exemption over this. Now many of my friends have informed me that FP process is Electronic is this true?
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]
I think she has no problem with electronic FP as US consulate could take her FP's when initially she went for H4 in i ndia. please comment.
its electronic, so you should be ok. They are also very patient, and try a lot ways to get clean prints (using wipes etc) [atleast at the Oakland ASC]
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Star
06-18 12:02 PM
I am from Hauppauge, NY. I am wiling to dedicate some time to this cause.
more...
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deeru
04-02 12:55 PM
bump.....
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gconmymind
03-31 05:41 PM
Hi Guys,
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
As you may recall, we have had several phone meetings with Ms. Susan Henner, attorney at law. She has explained many issues and helped many of our members for free. You can see her tomorrow at 11:30AM EST on Fox News. She will be talking about an interesting immigration case.
NO, this is not a joke.
Regards,
Glus
Can someone please record and post on YouTube for the benefit of memebers who may not be able to watch it? Thanks!!
more...
makeup Diaries#39; Quotes from the
immi_enthu
01-12 02:04 AM
Hey here is a situation:
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
I have over 7 years of experience in IT
Come with a 4 year bachelor and 2 year masters from India from a non-computers background.
Have a diploma (1 year in computers)
few other computer certificate courses.
I work for Fortune's Best software company as sr. software qa engineer. My company wants to go ahead filing for my GC.
My company attorney says am not eligbile for EB2 based on the above but eligible for EB3. I am confused because I already have an EB2 being filed for future employment from a small company.
So I kind of guessing my company attorney's want to play safe to be on EB3 rather than EB2.
So what do u guys think that my company attorney is correct.
My understanding is that with the above qualifications, I am eligible for EB2.
Am I wrong????
Why EB2 ? Isn't EB3 doing better for India than EB2.
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DallasBlue
07-26 11:14 AM
:)) nice !!
Write LSAT and go to Law School and become a lawyer and to start practicing you should get admitted to the bar. The bar requirements vary.
In some states like california , you can work under a attorney for 10 (if not ten say 'n') years and get addmitted to the bar.
http://en.wikipedia.org/wiki/Legal_Education
http://en.wikipedia.org/wiki/LSAT
good luck!!
Write LSAT and go to Law School and become a lawyer and to start practicing you should get admitted to the bar. The bar requirements vary.
In some states like california , you can work under a attorney for 10 (if not ten say 'n') years and get addmitted to the bar.
http://en.wikipedia.org/wiki/Legal_Education
http://en.wikipedia.org/wiki/LSAT
good luck!!
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SBH
01-11 12:52 PM
Thanks a lot guys. Thats a relief. And YES I have contributed to IV.
Mr Dalai Lama, you did not choose to solve my problem and no one gave the authority to be rude by randomly asking if I contributed. Please do not bother to respond.
We all are here for same cause. I am aware of IV's efforts. Keep up the tempo guys. In addition to all this we sure can pray !
Keep it up !
Mr Dalai Lama, you did not choose to solve my problem and no one gave the authority to be rude by randomly asking if I contributed. Please do not bother to respond.
We all are here for same cause. I am aware of IV's efforts. Keep up the tempo guys. In addition to all this we sure can pray !
Keep it up !
va_dude
10-07 01:30 PM
also found this on the net:
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
http://www.nafsa.org/uploadedFiles/acwia_-_american_competitiveness.pdf?n=6685
page 6/18 - section (vi)
seemashah
02-21 04:26 PM
Hi:
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
I was working for Company A from 2000 to 2004. Company A applied for my GC in 2002. However, the company was not doing well until I left it. It was not paying me the salary which came out in PW. Company A continued with my GC processing and I filed for I140 and 485 last year in June. Now received the following RFE for I140:
Please submit documentary evidence that you, the petitioning employer, have the financial
ability to pay the wage/salary you offered the beneficiary. This evidence must show that you
have this financial capability on the date you fied the ETA with the Department of Labor and
cover up until the visa is issued. The petitioner may submit evidence that their net income is
equal to or greater than the proffered wage, evidence that the petitioner's net current assets
are equal to or greater than the proffered wage, or evidence that the petitioner not only is
employing the beneficiary but also has paid or is currently paying the proffered wage. The
service wil also consider copies of audited annual reports of the employer, or copies of
audited financial statements of the employer. Evidence is needed for 2002-2003.
Does anyone have some idea how to get the audited financial statements or audited annual reports?. I know that the company never had any audited reports. I had submitted the bank statements of the company and the tax returns with my I140. However, it seems that they want the audited reports. The company was not doing well in 2002/2003. However, it is doing well now. So any input will be highly appreciated.
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