lostinbeta
10-04 01:37 AM
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GCKarma
07-20 02:40 PM
well my responsibility would change from technical to more managerial stuff, in that case I can not move EAD?
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
Can we change job using AC21(I-140 approved , I-485 pending for more than 180 days ) on H1 without using EAD.(so that future wife can come on H4 )
roseball
03-31 11:11 PM
Hi please can anyone kindly help? My husband would like to transfer to another company, but his current company is paying him lower than the prevailing wage. They said that the base salary plus overtime were meeting the prevailing wage requirement, but according to DOL regulations, the prevailing wage shouldn't include overtime pay. If the H-1B transfer petition is filed by the new company and we submit the current pay stubs which show a lower pay, will that be a problem? What are the possible solutions without making the current company pay more to make up the #s (they are not willing to do so)? Just don't want to get into trouble and get investigation involved.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!
I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
We're so worried. Thank you so much in advance! Any suggestions/information would be helpful!
I don't think the beneficiary will be punished for employer not being able to pay the prevailing wage. Your H1 COE should go through fine even though current pay stubs show lower salary. Key for getting COE approved is to be employed and maintain legal status. Ex-employer could face some issues in future with H1 extensions/new applications.
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morchu
05-15 10:09 AM
You are not the primary, right? Your job has nothing to do with the GC case. So you can do whatever regarding your job.
whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
whether one can take a employer sanctioned long leave of absence for a genuine reason in this case( child care).
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prioritydate
08-18 04:58 PM
What is your Receive Date? Priority Date?
webm
05-22 10:14 AM
my lawyers have indicated that i would need a 551 stamp in the passport if the card doesn't arrive on time, using AP etc is not an option.
anyone been through this situation and has more details?
thanks
Oh ok,i think if you are outside US when your GC approved then AP is the only option..May be getting 551 stamp on PP is the option in this case..
anyone been through this situation and has more details?
thanks
Oh ok,i think if you are outside US when your GC approved then AP is the only option..May be getting 551 stamp on PP is the option in this case..
more...
wandmaker
11-12 06:42 PM
if you want to get h4 extension , you will have to file I539 not 524.
BTW, your h4 extension will be denied, if you are not extending your H1
Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......
BTW, your h4 extension will be denied, if you are not extending your H1
Thank you very much for the advise.Is the I524 the only form that I have to fill.Please advise on this......
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go_guy123
08-19 12:58 PM
the question is about the type of visa needed to enter canada. I have pending I-485 in US but need visa to go to Canada. I have tourist visa for Canada but was wandering if I need to apply for a diferent visa to visit a client of my company for a few days. The reason of my visit is obviously not tourism...
Does the question make sense?
I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
find knowledgable people about Canada immigration as this forum is mainly about US immigration.
However below is the official link.
Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)
In the purpose you say: business
Does the question make sense?
I think Canada has one single visa for both tourism and business. Post in the Canada Immigration/Visa forum in britishexpats which you will
find knowledgable people about Canada immigration as this forum is mainly about US immigration.
However below is the official link.
Application For a Temporary Resident Visa to Visit Canada (http://www.cic.gc.ca/english/information/applications/visa.asp)
In the purpose you say: business
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goel_ar
08-08 08:38 AM
I have exactly similar statistics as below case except I-140 filing date = May 10, 2008.
Can I expect something soon, if there is no RFE? Mine is at TSC too.
http://www..com/discuss/140/76287871/
Can I expect something soon, if there is no RFE? Mine is at TSC too.
http://www..com/discuss/140/76287871/
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skd
11-13 02:04 PM
I have same question
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sweet_jungle
11-13 12:54 AM
Yes, I just did that last month. I went to take my FP a week before my actual appointment date. I just walked in on Saturday morning. They were nice and helpful. But I did take my 485 Notice and FP Notice, you do need that. Mine was done in St. Paul, Minnesota service center.
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
Hi Saroj,
Thanks for the info. I have not got FP notice and it has been over 4 months from I-485 receipt date. Do you think ASC will entertain FP request if I just walk in with I-485 receipt?
SJ
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purgan
02-04 12:58 PM
I have heard if one leaves the country while AP is being processed, the application is considered abandoned.
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
My lawyer specifically stated this.
This is an interesting twist..anyone else care to comment?
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lfadgyas
04-16 01:55 PM
I'm in the process about to use "AC21"
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
Original employer filed I40 under "electrical engineer" :: SOC Code 17-2071 (approved)
have EAD but never used.
Inside the job description there are entitled strong software background - job duties included programming and software development also. As a requirement a 3year of Software Engineering experience was entitled also.
Situation: Laid off, but received a job offer letter. BUT the position is "software engineer" job code is some 15-XXXX.
Detailed job description/duties will be the same;
Old employer/layer is not revoking anything, willing to help.
Will this stand if they request an EVL or later on the road?
According to my research they not strict about the job codes they more go by the job description and duties.
I'm sure lots of folks are in the same situation, please advice.
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chanduv23
03-16 02:03 PM
I work for an India based company that has operations in US. I have been travelling back and forth between India and US for about 8 years now. I am currently in US. My labor got approved this January (PD 7/2004) and my company has filed I140 soon after that. I still have 2+ years on my H1B. I am having to transfer back to India soon and shall be based in India for more than a year. What are the considerations if one has to return back to his/her country after I140 is filed? What is the impact on whole GC process? You response is appreciated.
Thanks.
As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC
Thanks.
As long as ur company proceeds with your GC process, you are still in the process. You can always get a h1b extension as you have a approved 140. Unless your company decided that they don't proceed with your GC, you are still in line for GC
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rockstart
09-19 12:35 PM
I know some people whose employers are lazy not to file new LCA when they switch jobs and move states. Some employers do it because they want to run payroll from certain states like Texas Florida where there is no state tax. I guess these people claim in consulate that they stay at the location where the employer is based and fly in -out to client places so do not need LCA of those places as they are not residents of that state. This is risky but consulates do not ask for LCA in most often cases never heard of any till now. Just pray you are lucky this time & from next time make sure your employer does it on time.
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like_watching_paint_dry
03-11 10:36 PM
http://travel.state.gov/visa/frvi/bulletin/bulletin_4438.html
Run-out? Or LBW?
Run-out? Or LBW?
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VivekAhuja
05-18 06:15 PM
What US address did you give USCIS? And what are you planning to give them later?
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nlssubbu
11-29 11:38 AM
Hello experts,
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
Here is a situation of my friend .
1.He lost his and his wife's passport alongwith the receipt notices and FP notice.The current visa which has expired and I-94 is also lost.
2.The lost passport includes the old passport with old visa in it.
Can you please throw some light as to what are his options.
Thanks & Regards
Did he filed a police complaint? If not, ask him to file a police complaint and then apply for a duplicate passport with a copy of old passport along with the copy of police complaint.
After getting the duplicate passport, (if he goes to his respective embassy, I think he may be able to get the duplicate in a day) ask him to call USCIS and talk to immigration officer. He also may need to contact his attorney who will provide a plan to obtain duplicate copies.
Thanks
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desi3933
04-02 08:44 AM
Gurus,
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
I have completed 4 years on H1B and I converted to L2 status and applied for EAD(feb'10) thru my Spouse's L1 Visa.
My GC is in process and not filed my I-485 yet.
Now my question is, as if i stay L2 for 1 year and if i convert it back to H1B, will my H1 term Start all over and will i get additional 6 year term? Please provide your feedback
Thanks
No, you can get only remainder of 6 years (on H-1B) and you are not subject to cap either. One must be physically present outside the US for 365 days to reset clock for H-1B. However, in that case, beneficiary is subject to H-1B cap as well.
Time spent on H4 or L2 does not count towards 6 years for H-1B.
As per 8 CFR 214.2(h) (13) (i) (B)
When an alien in an H classification has spent the maximum allowable period of stay in the United States, a new petition under sections 101(a)(15)(H) or (L) of the Act may not be approved unless that alien has resided and been physically present outside the United States, except for brief trips for business or pleasure, for the time limit imposed on the particular H classification. Brief trips to the United States for business or pleasure during the required time abroad are not interruptive, but do not count towards fulfillment of the required time abroad
________________
Not a legal advice.
gowri2009
07-23 12:47 PM
I was told its taking 4-5 business days for the new LCA,in my case it was 10 days still not received.
Gowri
Gowri
GotGC??
04-18 08:08 PM
I'm sure the members from the anti-immigrant groups lurking around here must be full of gratitude for you. Who knows, they may have been searching for details such as these, and all you had to do was dish it out to them.
Who needs enemies when they've got friends like you? :o
http://www.myvisajobs.com/
Who needs enemies when they've got friends like you? :o
http://www.myvisajobs.com/
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