jonty_11
02-05 01:44 PM
I guess the old labor will be invalid by now as it has been already been over 45 after approval.
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
Ask a lawyer, because due to this labor substitution rule now you might have a problem. (" A GOOD LAWYER IS A SOLUTION HERE")
What do you mean by how can you bear the expenses. What a ?
Do what your company A is asking. I don't think that company A would file it for free.
Give it out of your pocket, that is how you bear it, work at a gas station, 7 eleven if you have to make more money to give him
Is the 45 day approved labor validity Rule already in place?
file485
12-06 11:16 AM
Hello ..
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
filed my 140(EB3) regular processing Nebraska Service Centre with RD/ND=Oct25th 2006..
guys from April/May r still waiting and I think there must be whole load of 140 applications from June onwards..So maybe another backlog building up for 140 cases...If our application is not so strong and we file for prem.processing they might use a denial notice and knock us out..!!
Any idea when could my case be touched...expecting not until March..
whole of our life ends up in waiting...!!
satishku_2000
05-04 02:22 PM
I had a rfe on my 140. About a degree from Bombay University. After the reply within 48 hours my case was approved.
Hey pete
when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.
I am concerned about RFE response time change USCIS is planning now ...
Hey pete
when did u file your case , is it EB2 or EB3 reg or prem? Mine was filed on sep 19th EB3 regular still waiting.
I am concerned about RFE response time change USCIS is planning now ...
justAnotherFile
07-17 08:12 PM
Thank you Emilio, for admitting the shortcomings and correcting the wrong.
more...
extofu
03-07 11:06 AM
You require a new H1B stamp in your passport. If you look at your existing H1B stamp - it will have the name of your company (it is not clear from your post if this is Company A or Comapny B). Once you quit the company and leave this country, you need to have new stamp. In your case, you must have H1B stamp from Company C when you enter after you leave the country (unless you are visiting Mexico or Canada - in which case you can use automatic revalidation rule - provided you are out of the country for less than 30 days).
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
I am not sure what will happen if you try to reenter on a H1B with old company. The POE will have some way to find out in which company u r working.
My current H1 stamp is for company A.
Based on what you wrote, would you advise me to get the stamp of company C if I have plans to change to C eventually? I know that when I will be reentering USA, I will be on the payroll for company C.
copsmart
02-05 05:48 PM
This is my Attorney’s take on “same or similar job”:
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
Ultimately for the adjustment of status to be approved, you have to have a new position in the "same or similar occupational classification" as the position which is the subject of the labor certification application. This does not mean it has to be the same job or the same job duties but, as indicated, in the same general field. As long as you obtain such a position prior to your adjustment of status being finalized, then there should be no problem.
I also asked him about Location and Salary requirements. This what he said…
Location does not matter and even salary does not matter, as long as it does not seem to evidence a totally different type of position.
So, I wouldn’t worry about the "same or similar" crap and wait for several years. If some attracting offer comes up your way, go for it.
more...
saravanaraj.sathya
08-20 12:49 PM
If you are not satisfied with ur current job/salary then you can think of moving..I would say get H1 transferred to big concerns as direct employee...then you dont needs to be worried abt being paid. Job market is good for .NEt rite now so you should get a good offer..but try to stick wtih ur current employer for atlz 180 days before you move and also make sure that ur I-140 is approved.
cooldude
08-03 10:10 PM
lin0722554234
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
lin0722554234
My question is from where do you get this number?? If they just processed 4,000 odd applications, it's going to take for ever to get the receipts.
LIN -> Nebraska
07 -> Year in 2 digits
225 -> Number of working days since October 1 2006
5 -> Default for all electronic data
4234 -> Serial number for the receipts issued on that day starting with 0001.
lin0722554234
My question is from where do you get this number?? If they just processed 4,000 odd applications, it's going to take for ever to get the receipts.
more...
axp817
06-15 01:10 PM
I see no risk in this, unless he is also on an H-1B visa. The H-1B requires him to always be employed, and being on the bench (not getting paid) would be a violation of those terms.
But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.
Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
But if he is using his EAD to work and is in a period of authorized stay (pending AOS), travelling with the AP is not an issue at all, as long as he always has a future job offer (in good faith) in hand.
Confirm this with your attorney (I assume you use one to file/extend your EAD/APs)
vijju123
04-28 04:51 PM
Sometimes employers have an agreement with the law firms that all primary correspondance should happen between the employee and employer representative usually HR / Immigration Compliance administrator. Employer representative will direct the employee to the law firm if they are not able to answer their questions. This is the scenario with my employer. Hope this helps.
Vijay
Vijay
more...
piyu7444
04-14 01:35 AM
As soon as you use EAD you will lose h1b for sure.......Moonlighting is something you would want to explore but the way USCIS explains it and define it.......it might be a big risk to take by using EAD but this is just me........
gk_2000
05-20 05:26 PM
One who must not be Paid attention to
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agiyer
02-06 07:49 PM
Thanks for the replies....Working voluntarily, does it mean that you need to work only in Non-Profit Orgs? in my case, I was wondering whether it is legal to work voluntarily when in an H4 visa for a Private Audit Firm and you audit their customers but do not take any pay of any kind from anybody till you get your H1-B in Oct?
ak_2006
04-30 05:16 PM
http://www.americasvoiceonline.org/blog/entry/liveblogging_today_starting_at_2pm_est_senate_hear ing_on_immigration_reform/
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NikNikon
March 14th, 2006, 11:22 PM
Hi John, I don't consider myself a pro but I'll be more than happy to offer an opinion. I have the exact same set up as you - D70, SB600 speedlight, ect... The best way to get useable rodeo shots with our set up is to shoot rodeos held during daylight. I didn't mean that to sound like a smart ass remark, it's just you have three things working against you during night rodeo photography, the lack of light, the distance and freezing the action. I shot a rodeo that started out with daylight and went into the night. During the daylight hours I was using a 70-300mm zoom with a 2X extender, as it got darker I took the extender off and found a spot closer to the action. I also put my ISO at 1600 and put my SB600 on. If I remember right I was probably around 1/60 or 1/80 and was using the flash to stop the action and to my knowledge there isn't anyway of getting around the animal-flash-eye's syndrome. I just used photoshop to fix it during the post processing. But needless to say the ratio of useable photos during the night portion of the rodeo went way down. Even though I moved as close as possible (right up against the fence 90% from where the bulls were coming out) I had new problems to contend with, for one the dust kicked into the air would work against the flash and wash out the shot. So in that instance you have to rely on luck and timing. So I'd say move around and find your best vantage point and if you have photoshop learn how to use the "curves" function (clicking the white eyedropper on whats supposed to be white in your photo and black on whats supposed to be black). Probably not the solution you were looking for but a few ideas. The bigger fix would to get a camera that has 3200 ISO capabilities. I know there are a few Canon rodeo shooters here that can inform you about that here. Below are a couple links to a couple of my night shots. Good luck.
http://www.dphoto.us/forumphotos/showphoto.php/photo/28685/cat/746
http://www.dphoto.us/forumphotos/showphoto.php/photo/28686/cat/746
http://www.dphoto.us/forumphotos/showphoto.php/photo/28685/cat/746
http://www.dphoto.us/forumphotos/showphoto.php/photo/28686/cat/746
windycloud
07-10 10:05 AM
It's great that someone started this topic. I've been facing the same discrimination for the past month. A government agency would not recognize my I-797 for H-1B as valid document to prove my legal status. At the same time someone else got approved because he has a H-1B visa stamp in the passport.
Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?
Thanks!!!
Is there something saying that I-797 is a valid and sufficient proof for I-9 and failure to recognize it is discrimination?
Thanks!!!
more...
sathishav
03-01 02:07 PM
If i understood your post correctly, you have ported of an unapproved I140. I do understand this is for a "future job", but still you have used AC21.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
I agree with your attorney to file, because, if you had worked for Company A and moved AFTER I140 approved and I485 pending for 180 days, you don't have to worry about their status. Since you have not yet worked for them, it safe severe your ties by filing AC21.
http://www.myvisajobs.com/Document/YatesMay05.pdf
Question 1. How should service centers or district offices process unapproved I-140 petitions that were concurrently filed with I-485 applications that have been pending 180 days in relation to the I-140 portability provisions under �106(c) of AC21?
Answer: If it is discovered that a beneficiary has ported off of an unapproved I-140 and I-
485 that has been pending for 180 days or more, the following procedures should
be applied:
A. Review the pending I-140 petition to determine if the preponderance of the evidence establishes that the case is approvable or would have been approvable had it been adjudicated within 180 days. If the petition is approvable but for an ability to pay issue or any other issue relating to a time after the filing of the petition, approve the petition on
it�s merits. Then adjudicate the adjustment of status application to determine if the new position is the same or similar occupational classification for I-140 portability purposes.
B. If additional evidence is necessary to resolve a material post-filing
issue such as ability to pay, an RFE can be sent to try to resolve the
issue. When a response is received, and if the petition is approvable,
follow the procedures in part A above.
dpp
02-12 12:35 PM
It is only either Nebraska or Texas now. No other centers process I-140. For Texas center, it is appx 1 to 3 months. But for Nebraska, it is anytime from 6 - 9 months.
royus77
05-02 11:41 AM
I am in the same boat .I found a new job after my employer fired me ( Still in 1 month notice period) . Later he found another position and asking me to continue. He may not give me the 1 140 if i leave him
supers789
09-01 08:40 AM
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
Please reply its kind of urgent for me.
Thanks.
rajeshalex
08-14 02:58 PM
Send the photo to USCIS and also sent the RFE copy to ombudsman
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