go_guy123
03-12 03:57 PM
80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
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sonu9
07-29 11:24 PM
Please reply. Thank you.
austingc
09-01 10:21 AM
Thank you for your help in this regard. My attorney submitted
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
1. Expert Opinion Letter
2. University Letter
and the I-140 RFE was cleared in 2 days and got the approval today (per USCIS case status).
Mine was PP.
That’s great news. Congratulations.
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HRPRO
02-23 10:33 AM
Carry the following
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
- As many past W2 as you can
- Atleast last 6 paystubs
- All your previous H1B which shows you were always in status
- Current H1B if applicable
- Letter from HR of current company stating that you are a full time employee if applicable
- Copy of 485 receipt notice if available
- Copy of 140 receipt notice if available
- Copy of Labour if available
Plainspeak,
I dont think he/she is going for his/her stamping, so I dont see a need for all the other documents listed. Depending on the flight being taken, a transit vis may be necessary
more...
mjdup
01-11 02:35 PM
I feel your case will be OK, they are just doing the PIMS verification. I got my H1B validated in Munich last year. (read my experience on murthy site). So be patient and you'll get it successfully.
good luck,
good luck,
Ram_C
11-21 12:06 PM
Happy Thanksgiving to IV Family.
-Ram
-Ram
more...
masti_Gai
03-09 01:10 PM
If they are paying u for the 5 month gap, its not termination you are still on their pay rolls so u will have no problem coz u are gettin pay check for the 5 months. No need for LOA too if you have pay stubs
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arunkotte
07-18 05:51 PM
Called again to find the same response of Denied.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
Make sure you save a copy of status showing pending today.
The attorney's office is trying to get in touch with USCIS and find more info.
Meanwhile, planning to use InfoPass to meet with IO.
Why notice to deny was not sent to me is puzzling me. No RFE's.
I have lost 2 years as the status all the time is case received and pending (checked few minutes before too).
Make sure you save a copy of status showing pending today.
more...
ras
08-26 09:29 PM
I am not well aware of what is to be done. But isn't it a good idea to mail USCIS explaining the situation and possible extension you may need. This keeps USCIS informed about your situation in advance.
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suny_saini
07-24 07:20 AM
does they also give some grace of some days like 45 days or more if the age is more than 21 at that time?
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meridiani.planum
11-12 02:22 PM
My PD is Dec 2005 (EB2) and I'm on EAD. I dont know when I'll get the GC but hoping that I'll get it in the next year. I already got an RFE so I'm not expecting another one. The question is, if I get laid off now, can I buy a business (say a convenience store or a subway) and run it (while on EAD)? and would it cause any problems now or in the future when applying for citizenship? I know you have to work in same or similar industry, but my industry is hard hit with recession and I don't think I can find a similar job. So how will they enforce this? Or do they even care?
not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)
not a problem as long as you are also working full time on a job that meets the requirements spelled out in your Labor Certification. Technically having only a job offer is enough, but if USCIS sees you running a convenience store, while holding a "job offer" for fulltime employment, it will most certaintly result in an interview and you will have to convince hte IO you intend to take up the job.
If you are already working full time, then USCIS does not care what else you do in parallel (own a convenience store, run your own company)
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DSLStart
07-28 03:13 PM
AP is a very important document for re-entry incase if you don't have backup such as valid H1B visa. Have read quite a few cases here of people who wait till the last day for applying the renewal and then crying when an emergency occurs and they don't have valid a AP. It is in our best interest to apply it 120 days before its expiration date.
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
We are planning to go to India in the last week of September. My current AP expires by Oct 10. Hence applying for a new one. How long are AP approvals taking now a days at TSC.
Thanks in advance
-Krishna
more...
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dilbert_cal
03-31 11:00 PM
Any word on this issue? Is somebody from core going to create a forum where they can post delayed updates?
Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.
And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.
If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.
Without access to donor forum , you have no clue *if* there has been any updates posted. You are assuming that there has been *some* updates posted and there possibly could be or there possibly is none. Whatever be the case, if there something for which ground level volunteers will be required, it will definitely get posted on open forums. If it is a strategic thinking/planning, I doubt still if it will be posted on the donor forum as such things need to be kept to a close group of people until you are ready for implementation. Disclosing this earlier will not work in favor of such strategic planning.
And of course, if there is a new bill passed or others, it will be everywhere in media - you may just know it when it gets passed rather than a couple of hours/days/weeks early.
If you believe in the cause of IV and I'm assuming that you do since you are here - I'd say go ahead and support it in all possible ways and dont worry too much about donor forums. Give or take 3 months plus a month , it will lose its charm.
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EBX-Man
05-11 03:51 PM
smuggymba / getgreensoon1 / vdlrao
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
While I am touched by your concern for EB1 fraud and how it impacts EB3, i would hazard a guess that the OP was a troll OP and does not merit any answers
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thomachan72
10-19 12:27 PM
Very informative replies. Thanks!!
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funny
10-01 04:27 PM
Personally I dont think there would be much difference between Eb2 and Eb3 going forward (with Obama\Dick durbin presidency). With Obama CIR we might be forced to reapply in points based system in which case both eb2 and eb3 are screwed. I am not sure what sort of toxic potion is being brewed by Durbin for Eb community. Atleast with Mccain we might have 4 more years of same in which case there might be some hope for both eb2 and eb3.
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
I doubt that all the pending applicants in EB categories will be forced to re-apply in the new point based systems. That system might be for the new applicants, There might very well be a recapture for all the lost visa so far...to get thru the pending applications quickly so that the new point based system would be in place...I highly doubt that all the pending applicants will be forced to apply in the point based system...I would like to get input from others as well
more...
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uma001
07-21 06:47 PM
OP (greenmonster)
Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html
Read this thread, If you apply H1-H4 transfer it will be easy or go to india and get H4 there,
http://immigrationvoice.org/forum/forum106-non-immigrant-visa/23801-urgent-help-on-h1-b-to-h4.html
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speddi
09-12 04:35 PM
Hi,
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
I am applying for AP Renewal for myself and my wife. Can someone please send me the information on the following.
1. AP is expiring on September 20th. Can I file even after the expiry of the AP?
2. I am in AL.So, I need to be sending the application to Texas Service Center. But I am confused on where to send the documents? I will be sending by FedEx or UPS?
3. When I prepare the documents, do I enter Part 9, Signature of person preparing the form, if other than the application?
4. Last year our attorney filed the application and I have a copy of that application. I see "Notice of Entry of Appearance as Attorney or Representative" form. I am sure I dont have to file that now but do I need to do anything so that I get the receipt/approval notices instead of going to the Attorney Office?
Thank you.
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gcdeal
07-11 05:55 PM
That ugly women need some veneers for the gaping hole on her front teeth, not flowers. :D
immiusa
06-17 12:04 PM
Do not worry. Your mail will be delivered eventually. You probably need to wait for couple of days before the system gets updated with good message "delivered".
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
In my case, I had to wait for 4 days. I was expecting a return packet at my door. Four days later, I realized the packet was actually delivered to USCIS.
wandmaker
11-06 11:39 AM
Hi All,
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
Please help me by answering the following questions and also bear with me if those are basic questions. Thanks a lot for the help in advance.
1. My employer asked me to wait few months for at least partial job market recovery and advised its better to start the labor filing preparation sometime in Nov 2009/Dec 2009. There is a positive news on the job market recovery. Is it a good time to apply for PERM Labor now? FYI, my second H1B expires 09/30/2011.
2. Is it possible to file multiple PERM Labor Certifications through two different employers at the same time? If yes, could I choose the employer I would like to stay, if both gets approved approximately at the same time?
3. How long I can continue with future employment in the GC process?
4. If the Labor get audited, is it possible to apply for H1B extension after 6th year?
5. Is it possible to port I-140 & procedure involved to port with / without the consent of current employer.
All the best!!!
-
Regards
Ajaykumar
#1 - If a suitable USC, LPR responds your PERM advert then you can not move forward with PERM labor processing. When the job market is good, number of people responding to the advert will low, so it increases the chances for you.
#2 & 3 - You can have N number of employers file the PERM labor for you, it is a future job - you do not have to join them unti the green card is approved.
#4 - As long is your labor is pending, you can extend your H1B by 1 year until it is approved or declined.
#5 - First, only your employer can file a 140 petition on behalf of you. Second, You can not use employer X's labor to file 140 with employer Y. Third, Once your 140 is approved, the PD is yours keep and port as long as it not revoked or withdrawn before you opt for porting.
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