dc2007
07-01 01:35 PM
Thanks for the response STAmisha..
My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.
Thats why I want to know if anybody else has done this before..
My lawyer is saying whatever exp. you will give, you should have originals of that. I don't have much hold of my lawyer and he is not suggesting whether I should use new experience than what I used in my first labor.
Thats why I want to know if anybody else has done this before..
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martinvisalaw
07-30 05:01 PM
Occupations on Job Zone 5 are listed here: Job Zone Five: Extensive Preparation Needed (http://online.onetcenter.org/find/zone?z=5&g=Go).
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
Even if the position is not in this list, the employer can still require EB-2 requirements. It just means that the company will have to answer "no" to the question on the PERM form as to whether the position requirements are normal for the occupation. This may trigger an audit where the company will have to justify the extra requirements based on business necessity. I've done this many times without a problem. I'm not saying it is easy, but if the employer has detailed business reasons for the requirements, it should succeed.
fromnaija
04-13 05:18 PM
IF he transfers to a function that is significantly different than his approved labor certification he may have to restart his GC application by filing a new LC application. However, since GC is for future job and if his employer will agree for him to go back to his previous practice then he may continue with current GC process and change when 485 is approved.
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
All,
My friend works as an internal auditor within a big 4 acccounting firm. His practice is doing quite badly. As there are tons of different practices within this firm, he is thinking about transferring. But his PERM was filed for the internal audit manager position and his I-140 has alreday been approved. If he transfers to a function unrelated to internal audit within his firm (e.g. external audit, tax, fraud, etc.), would there be a problem?
Can anyone here provide some guidance or point him to the right discussion thread?
Thanks!!!
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kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
more...
imconfused
09-19 04:25 PM
if i use EAD for a part time job, does the H1B visa status become invalid?
India76
03-01 09:21 PM
:confused: Hello All,
I am preparing documents to send to my parents for Visitors Visa.
My Question: If lets say my parents go to the US Embassy sometime in March and if their visa get stamped for lets say for 2 months. When that 2 months time start? is it going to start from the day their visa got stamped or when they get I-94 card at US airport?
Thanks for your advice in advance.
I am preparing documents to send to my parents for Visitors Visa.
My Question: If lets say my parents go to the US Embassy sometime in March and if their visa get stamped for lets say for 2 months. When that 2 months time start? is it going to start from the day their visa got stamped or when they get I-94 card at US airport?
Thanks for your advice in advance.
more...
purgan
04-04 08:52 PM
HI All,
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
Anyonw planning on going to school this year full time? I am planning to...I have an EAD/AP that I can use and I know several IV'ans may be debating the same isssue
Now for the gurus who have already researched this:
1. Can one avail of financial aid (FAFSA) if has Advanced parole. I'm not 100%sure because its says 'indefinate parole" and i'm not sure if ours can be classified as "indefinate"
2. How does one activate EAD/AP (does one have to travel outside the country). I am currently still on H1B with 3 year extension granted but visa not stamped
3. One can go to school F/T on EAD. But what are the options to preserve one's PR application (..after all its been over 5-6 years since we filed are applications)...assuming its been over 6 months since I485 was filed and AC21 benefits kick in. And, is a leave of absence a better option than quitting.
I wanted to start a debate of what we are doing because I know several of us will be in the same boat.
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vikramy
12-22 01:20 PM
I did same 4 years ago. You can travel while your H1B transfer is pending.
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
1. Can I visit india while my tranfer is pending...???
Yes you can.
2. if I plan to visit india after H1b aproval, do I need to get a new visa stamping for company B or can I travel back with company A visa ..??
I got a new stamping before i came back to US. But while my application was pending, i called US Consulate in India they said you don't need one as long as current stamping on passport is valid. They said you just need to show new company's appointment/employment letter at immigration if questioned. But better to check with attorney, my attorney asked me to get stamped and come back
3. For me to travel back with company A visa , do I need to make sure company A has not informed USCICS to cancel H1b visa.
I think yes. I would suggest to have a premium h1 transfer so that you have new papers in 15 days and you don't depend on your old company's visa
more...
gjain
11-03 08:30 PM
I am just wondering if notice date and receipt date combination means anything in terms of when the EAD will be processed?
I think so since lots of people with receipt date same as mine, who have their EADs approved had an earlier notice date .
Also other people with same notice date with EADs approved had an earlier receipt date.
Just trying to gather some evidence here.
Thanks.
I think so since lots of people with receipt date same as mine, who have their EADs approved had an earlier notice date .
Also other people with same notice date with EADs approved had an earlier receipt date.
Just trying to gather some evidence here.
Thanks.
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Blog Feeds
05-12 05:20 PM
The H-2B visa program is vital to America�s small businesses and thus to America�s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
Small and seasonal businesses hire American workers and they do hire every qualified
American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.
Unlike the hiring of American workers, small business owners must go through a tough application process to hire foreign workers through the H-2B program. Employers must prove to the U.S. Department of Labor that there are no available U.S. workers to fill vacant short-term positions. H-2B workers go home at the end of the season. They cannot, and do not, stay in the U.S. permanently through this program.
Without access to more temporary H-2B workers, many small businesses will be extremely short-staffed this year and could be forced to close. For small businesses, relief must come now so that America�s employers can get the seasonal temporary workers they need to help in America�s economic recovery.
RELIEF NEEDED:
� An H-2B visa returning worker extension will go a long way in helping small and
seasonal businesses survive in the short term. The extension would provide
emergency relief by exempting from the cap H-2B returning workers who already
have successfully participated in the program in one of the previous 3 years.
� Without Congressional relief soon, many U.S. businesses will be forced to limit their
services or close their doors permanently rather than be a part of the economic
recovery.
CURRENT LEGISLATION:
� H-2B relief has been introduced in the House by Rep. Stupak (D-MI), and in the
Senate by Sen. Mikulski (D-MD), as the Save Our Small and Seasonal Businesses
Act of 2009 (H.R. 1136/S. 388).
More... (http://www.visalawyerblog.com/2009/05/h2b_visas_why_reform_is_badly.html)
more...
sr1973
07-23 12:22 AM
I just created this thread but unable to see in the main page. If anyone seeing this thread, please post.
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Sakthisagar
12-01 03:57 PM
Thank You dealsnet. I updated myself too.
more...
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AllIzzWell
05-03 10:39 AM
Hi Gurus,
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
My wife has her H4 Visa stamp until 1st Oct 2010. She is in India. I am planning to visit India and travel back with her. If my visa gets stuck in "Admin Processing" will my wife be able to travel back on her valid H4 Visa.
She has to travel back due to some personal reasons.
Please advise.
Thanks
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up_guy
04-09 11:36 AM
Is it legal for an employee to pay PERM , USCIS and attorney fees for a green card processing ?
more...
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glus
01-05 08:32 AM
NO, you cannot interfile. A Family-based priority date, cannot be used in connection with employment-based. If you are married to a U.S. Citizen, and you already have an approved I-130, you can apply to adjustment of status immediately through the U.S. Citizen. You file AOS now and it may get approved much faster than the employment-based. Once you file the new I-485 through family, you generally should withdraw the employment-based. But wait until you receive a new EAD via the new I-485.
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Ann Ruben
03-29 07:42 AM
First, if at all possible, your employer should appeal the denial of the I-140. There have been a series of AAO cases on the issue of educational equivalency, and it may be possible to have the denial reversed on appeal. Even if the appeal is eventually denied, your eligibility for one year H-1 extensions after 6 years will be preserved as long as the appeal is pending.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
At the same time, you should begin a new PERM application immediately to insure that it is successfully filed before August. You and your employer should consult with and retain an immigration attorney
who has expertise in structuring PERM applications in situations such as yours. If you are unsure whether to rely on the advice of the company's new attorney, you should consider an extended consultation with an attorney in whom you have confidence. If that attorney does not agree with the course of action recommended by the company's attorney, you could request a detailed opinion letter to help guide your company and its lawyer in structuring your case successfully.
more...
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manish756
04-12 06:06 PM
Thank you sir for you response .My wife is coming on wednesday. I just wanted to have some advice. sorry if you think putting urgent or pls help is wrong on the post
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wandmaker
08-25 01:19 PM
Hi,
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
I have my I140 approved couple of years ago and now our company is being acquired by another firm. As a result I may lose my job. I am on 5th year of H1 and have I140 copy.
I got an offer with a project from a top consulting firm who is willing to transfer my H1 and also carry forward GC.
However I am concerned, as that consulting firm has the history of cancelling the H1 once they could not find any new projects after the current project. But in current market scenario, I could find any other opportunity and it may be necessary to join that firm.
So lets say after one/two years, if I lose my job with that firm and want to carry forward my H1/GC with other company, will it be possible?
What should I ask the firm now (terms and conditions, before start working with them) to make my self in safe position later on?
Thanks for your advice.
WA
PD on your profile does not sound realistic, whats your actual PD? I assume you have not filed your 485 according to your profile. This may help throw some opinions.
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bayarea07
07-18 04:02 PM
There is already a seperate forum for that,in which a long discussion is already goin on, please post your questions there.
bugsbunny
04-04 04:14 PM
yeah there is no grace period...and am not sure you can transfer after it has been revoked
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
However to transfer you need to contact an immigration attorney who will file the new H1B application and pick the correct options...where it asks if its a transfer...once the application is filed you can immediately start working for the new company
uma001
11-16 04:48 PM
I'm on my OPT, basically student F1 visa.
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
kerz,
Which specialization did you do in masters (assuming you have done masters on F1)
The thing is the company where I work is ready to sponsor me. They only don't know which occupation to write for me in order to be eligible for H1B.
I'm working over there on administrative position and doing various accounting things.
Thanks
kerz,
Which specialization did you do in masters (assuming you have done masters on F1)
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