sparky_jones
02-24 10:07 AM
Filed 02/18 (law was passed 02/17) under premium, approved 02/24.
Congrats.
I wonder how DOL is interpreting the "new employment" clause in the new law that prevents TARP companies from sponsoring H1Bs. Technically, an LCA filed for an H1B extension is for a "period of new employment". If they were to strictly follow this technicality, H1B extensions by TARP companies would also be unlawful. However, from the employer's perspective, an H1B extension is not a new employment, but a continuation of an existing one.
Have any of the celebrity immigration lawyers published their interpretation yet?
Congrats.
I wonder how DOL is interpreting the "new employment" clause in the new law that prevents TARP companies from sponsoring H1Bs. Technically, an LCA filed for an H1B extension is for a "period of new employment". If they were to strictly follow this technicality, H1B extensions by TARP companies would also be unlawful. However, from the employer's perspective, an H1B extension is not a new employment, but a continuation of an existing one.
Have any of the celebrity immigration lawyers published their interpretation yet?
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Steve Mitchell
December 3rd, 2003, 08:46 AM
Nikon today announced the new D70 digital SLR camera. The D70 at $999.00 is Nikon's answer to Canon's 300D. Read the press release here (http://www.dphoto.us/modules.php?op=modload&name=News&file=article&sid=72&mode=thread&order=0&thold=0):
BharatPremi
09-29 09:17 PM
somewhere in the forum someone was mentioning that PD are no more considered after 485 is filed since u file 485 based on PDs...
It is a part truthful. For easy explanation, I would say PD does not matter
for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.
It is a part truthful. For easy explanation, I would say PD does not matter
for EAD/AP/FP /Namecheck all processes but it matters at teh final stage of 485 and that is approval. So say you pass through all processes and that time USCIS will see whether your PD is current or not. If it is current than you will get your approval soon and if not than your file will be out on a rack to wait for your PD becoming current.
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martinvisalaw
09-23 03:40 PM
Your wife is fine. There is a CIS memo that specifically says that her H-4 status is not employer-specific. The only thing is that she will have a different expiration date to you. She would no get admitted for any longer than her visa, even showing your H-1B approval.
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roseball
04-05 04:52 PM
You dont have to apply for a COS as long as she is leaving US before her current I-94 expires. However, note that when she goes for her H4 interview, she might be asked to prove her H1 status by showing her employment details (recent pay checks, tax documents..) in addition to your employment documents before they give her the H4 Visa...This happened with one of my friends at Chennai embassy...Just wanted to give you a heads up on that....
InTheMoment
08-04 09:28 PM
Please search the forum, this has been extensively discussed very recently.
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H1bfighter
07-09 04:14 AM
Inorder to take the priority date with you, the I140 petition (after the labour approval) needs to be approved.
I think there is no way you can take your priority date with you just with labour approval.
I think there is no way you can take your priority date with you just with labour approval.
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kirupa
09-08 01:04 PM
Visual Studio 2005 is the IDE - an application that allows you to create other applications. Silverlight is a target runtime much like WinForms, WPF, etc. You can use VS 2005 - albeit a bit hackishly - to create projects that allow you to create outputs for all three.
Based on your code, is this a ASP.net application?
Based on your code, is this a ASP.net application?
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tipsvizag
05-15 06:57 PM
:)
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
I first came to USA in April 2005 and have H1B valid till 2011 April.
I worked with company 'X' since 2005 on H1B status on permanent position, during this tenure with company 'X' i was filed for PERM during Feb 2009. Later in October 2009, I had moved out of company 'X' to Company 'Y' due to budget cuts at the clients place and not having any positions with in the Company 'X'`s other clients. Moved to Company 'Y and Company 'Y' had filed new HIB visa, Got approved in few weeks.started working for Company 'Y" since November 2009.
During January 2010 my PERM (LABOR) filed by Company 'X' got approved by uscis. I moved back to Company 'X' got started the next stage of the process of filing I-140 within the timeframe. Company 'X' filed my I-140 and also filed again for H1B and H4 for dependends in march and got approved in April with Priority date (PD) as april 2009 as my PERM was initiated during that period and H1B visa Validity date as May 2011.
Surprisingly and unfortunatly the assigment which was supposed to be a long term is getting completed by end of this May month 2010. Now that in Company 'X' the project got completed within two months and i am asked to move to their onsite project and can be brought back when there exists a position at any of the their clients locations.
Now the H1B status with Company 'X' is valid till May 2011 and with Company 'Y' the visa validity is till April 2011.
Can i move back to Company 'Y' as they had the same position that i worked with them and file for H1B visa extension which is due in 2011 April/May(as per new validity from Company 'X') based on the approved I-140 or PD. Company 'Y had also initiated the process of filling for PERM(Labour) got the clearence for LC.
Please suggest me the various options that are availabe to me to continue stay in here and get the H1B extension and as well continue my green card process.[/SIZE]
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paskal
11-28 05:18 PM
i'm presuming you are not talking about a physician NIW but and exceptional ability category?
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girishvar
08-10 05:44 PM
I dont know the answer. Please call NVC to get the correct answer.
Thanks girishvar
So ones I have new passport should I have to send copy to Consulate or NVC?
Thanks girishvar
So ones I have new passport should I have to send copy to Consulate or NVC?
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TomPlate
01-03 03:36 PM
Did you called them????
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_k_
05-11 02:02 AM
I came in US with my family when I was 15-16, back then we were on L2, then as time passed by we switched to H4. Then I turned 21 so I had to go on Student Visa (F1). Still living in US legally.
Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.
thanks :)
Now my question is I've been staying in US over 10 years now, legally. I dont know if its rumor or not, but someone told me, that you can apply for Green Card if you lived in US over 10 years legally, is that true?
Going through all that H1B process sounds really hectic. Also all my family members, friends and relatives are here, I don't know anyone back in my birthplace. any suggestions or tips, would help a bit.
thanks :)
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GC_ASP
09-25 02:11 PM
nlalchandini,
I already searched that forum. But it seems all of his posts were removed. I searched PAPPU's posts. i was able to access only last 500 posts by him.
thank you.
I already searched that forum. But it seems all of his posts were removed. I searched PAPPU's posts. i was able to access only last 500 posts by him.
thank you.
more...
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roseball
03-07 11:03 PM
My company filed my 7th year H1 extension and my wife's H4 petition at the same time in Dec 2006. USCIS online case status shows received and in process for both H1 and H4.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
Recently, we upgraded to premium processing. However, only the H1 case status now shows as being done under premium processing. Does that mean that only my H1 will be premium processed and not H4 even though they both were filed together. Is this normal. I am hoping both H1 and H4 will be premium processed. I know that USCIS adjudicates H4 also in premium processing for such cases as a courtesy. Just wanted to know if anyone has been under similar situation before and got only their H1 approved in premium and not H4....The whole purpose of me upgrading to PP was to get H4 approved before the H1 quota begins in April as our H1/H4 were expiring this summer and my wife's employer is filing a H1 COS petition for her in PP under the 2008 H1 quota....Didn't want to take any chance of her H1 COS getting approved without a I-94 because of her current H4 expiring in summer.
Thanks in advance.
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Soltan
11-23 03:21 AM
Hi, my I94 expires on Nov 28th and my current employer is having issues in applying for transfer (they applied but without proper documents and it is still pending). I know I can continue to work based on the extension receipt they have even after Nov 28th.
I have some questions in the scenario that this application of extension (old employer) is denied after Nov 28th say on Dec 10th:
1) If a new employer applies for H1b transfer before Nov 28th and I get a rejection on Dec10th (with old one), can I immediately switch to the new employer (based on their transfer receipt) and continue work with the new one?
2) If the new employer is unable to apply before Nov28th (with holidays coming up), but say applies on Dec5th. Now if I get a rejection with old employer on Dec10th, can I switch to new employer on Dec10th and continue working (even though they applied for transfer after my I94 expiration but while my stay was legal) ?
Appreciate your responses at this crucial time.
I have some questions in the scenario that this application of extension (old employer) is denied after Nov 28th say on Dec 10th:
1) If a new employer applies for H1b transfer before Nov 28th and I get a rejection on Dec10th (with old one), can I immediately switch to the new employer (based on their transfer receipt) and continue work with the new one?
2) If the new employer is unable to apply before Nov28th (with holidays coming up), but say applies on Dec5th. Now if I get a rejection with old employer on Dec10th, can I switch to new employer on Dec10th and continue working (even though they applied for transfer after my I94 expiration but while my stay was legal) ?
Appreciate your responses at this crucial time.
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little_willy
08-05 08:28 PM
My wife recently returned from India and at port of entry, the officer incorrectly wrote the paroled until date as Jul 12, 2010 instead of Jul 12, 2011. The date is incorrect on both I-94 and AP.
Will this create any issues and how can this be corrected? Her status is AOS pending, she doesn't have a EAD or H-visa
My wife's AP is valid till Oct 12, 2010. I would appreciate any help
Thanks a lot!
Will this create any issues and how can this be corrected? Her status is AOS pending, she doesn't have a EAD or H-visa
My wife's AP is valid till Oct 12, 2010. I would appreciate any help
Thanks a lot!
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Rb_newsletter
10-05 09:35 PM
I saw in one of the thread one attorney said this kind of RFEs are not problem. I will post the link if I find that thread.
See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.
See if you can get a copy of the original birth certificate from the school. if you can get it, just notarize it and submit the notarized copy.
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frostrated
09-14 04:30 PM
I came across a posting today for a local contract position, which was a good match for my profile. But when I sent my resume in, the vendor said we cannot proceed because the end client asked for either citizens or GCs. I thought it was strange, because it is a contract requirement, not fulltime. This is the first time that I have encountered someone requiring a GC for a contract posiiton. Further, this is not a defence or state department kind of deal where you'd need citizens. I would understand if they said 'citizens only', but GC or citizen does strike me as unconventional.
Can someone please advise if this is allowed by law?
Yes it is legal. They are merely giving preference to citizens and permanent residents, and it is line with the department of labor regulations. They cant however discriminate between H1-B from different nationalities.
Also, they might have a project stipulation where they do not want any uncertainity as to how long they can keep the contractor.
Can someone please advise if this is allowed by law?
Yes it is legal. They are merely giving preference to citizens and permanent residents, and it is line with the department of labor regulations. They cant however discriminate between H1-B from different nationalities.
Also, they might have a project stipulation where they do not want any uncertainity as to how long they can keep the contractor.
reddog
02-20 12:47 PM
Hi,
My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?
Appreciate your help!
No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.
My mom is scheduled for an interview for a visitor visa at US Consulate, Chennai. My mom is 70 years old and she will be the only person attending for the interview. She has not travelled a lot and she will not be able to figure out everything that is needed inside the consulate before and after the interview by herself. Now - my question is - Can my mom take anyone (say a relative) with her inside the consulate for help?
Appreciate your help!
No, she cannot carry anyone else except herself inside the consulate. A relative can accompany her till she enters the consulate and your mother can ask for a translator and I am sure there would be people to help her, otherwise too.
But as far as someone accomanying her inside the consulate, NO,
And just in case, even if the relative is able to get in with her, it is not advisable to do so.
singhv_1980
01-29 05:47 PM
I should have elaborated this more. I read that ppl applying for H1B stamping were asked about this. They were actually issued 221 G and were asked to furnish extra documents and this was one of them.
I have no clue what is this and if this applies to everyone. I even found that ppl were asked to furnish notarized list of employees along with tax returns of the company. I hope this is not valid for every case.
I have no clue what is this and if this applies to everyone. I even found that ppl were asked to furnish notarized list of employees along with tax returns of the company. I hope this is not valid for every case.
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