JunRN
12-18 08:07 AM
AC21 is quite tricky. There is no hard and fast rule that if the ONET number is similar, USCIS will automatically rule in favor of the change. IO's will still look at the details of each job requirements and will check if it matches the requirements in the Labor Certification.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
ONET number will somehow help specially if it falls under one category or number and the new job title is listed as sample. But remember, USCIS will still look at the details and will not rely on just the title.
Milind123
08-16 06:05 AM
I would like to share my experience with the immigration officer in India.
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".
to be continued.....
Way back in 2000 when I landed in India, the IE went thru my passport and asked me if I had overstayed my stay in US. (US Visa had expired for over a year my current H1 papers were in my travel bag which had to be checked in because the European Lufthansa staff thought the bag was too big to be used as a carry in). Anyways, I did not have the papers to show and I requested the office to let me go to the baggage claim area to retrieve my papers. I don't know why he was suspicious and he said and I paraphrase "I am going to impound your passport, If I don't see those papers as you have overstayed your visa".
to be continued.....
desi3933
05-19 03:30 PM
.... So effectively will be working 32 hrs instead of 40 hrs and getting paid for 32 hrs only
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
.....
.....
In My LCA, prevailing wage: 52K, and my salary in LCA and I-129: 64.5K
My questions:
1) Is working 32 hrs still considered full-time and do I still remain in legal H1 status? (I heard that in US more than 30 hrs is considered full-time?)
2) Since my effective annual salary will be less than 64K due to working for only 32 hrs,will i be out of status? Can the company cut my salary below the rate of pay mentioned on my LCA but higher than(or equal to) the Prevailing Wage mentioned on my LCA?
3) If i try for H1B transfer after few months using paychecks of 32hrs salary only,can that be denied?
4) Are there any other options(without filing any H1B/LCA amendment) to maintain my H1 status while still working for 32 hrs only?
5) IF company files LCA/H1B amendment, then do they have to again use the wage survey for 2009 or they can use the same one used for my initial 1st LCA filing? Do they evaluate the entire H1B application again for amendment? Can the H1B amendment be denied?
.....
1. As per Feb 20, 1992 USCIS memo, the full-time work is generally considered to be 35-40 hours per week or whatever is appropriate for the occupation. For example, air traffic controllers work 30 hours a week because of the stress. Then, in that case 30 hours would be "full time".
2. The employer MUST notify the DOL and/or USCIS in advance by filing amended petition if the terms of the employment changes during the validity period of H1B1 petition.
3. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
karthik204
06-20 04:09 PM
It is suggested not to travel. But if there is a emergency and you need to travel, talk to your attorney. Even if you get an answer here from someone, do you really want to agree that it would be accurate?
If I were you, I would not worry about it right now unless there is an emergency situation.
If I were you, I would not worry about it right now unless there is an emergency situation.
more...
tempgc
09-24 01:25 PM
Source OH law firm (immigration-law.com)
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
No one should be surprised by the Los Angeles Times report that the USCIS is "considering" but not yet decided fee increases. As we reported earlier, the State Department is already seeking OMB approval for its consular and embassy services fee increase. Report says that the USCIS recorded a short fall of $118 million this fiscal year. One of the key reasons for the fund problem is cited reduced number of new case filings. Since the USCIS relies on the fee-income for its finance, it presents a problem. Another reason which is not discussed in the report may include its need for money to support ongoing reengineering project named business transformation program. This program is primarily funded by the premium processing service fee fund. Obviously, the PPS fund is suffering as well, particularly considering a drastic decrease of new employment-based cases. Another reason the report cited is need to funds to deal with potential increase in workload which are likely generated by the Comprehensive Immigration Reform, should the CIR be successfully enacted next year. However, this reason for fee increase may be considered too premature, considering the fact that the CIR may not be accomplished even in 2010. The most probable year for a successful CIR legislation is currently considered year 2011. Let's see what happens.
CADude
07-27 12:57 PM
You can't write 01/01/1995. In that case your check will be invalidated. Check expires after 180 days. :D :D
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
But you are correct for RD :)
I did not think of this. Otherwise I would have written the date in all the forms as 01/01/1995 to make the visa number available to me...:D
You may write any day, month and year in the forms. USCIS will have the time stamp when a package was actually received.
more...
Templarian
05-10 05:03 PM
^MSDN is the help files.
sbnvs@yahoo.com
04-08 12:51 PM
Looks like demand data for May is out. Please check the following
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf
more...
kunjirs
03-07 04:16 PM
MurthyDotCom : EAD Extension Delays - FAQs, Answers, Suggestions (http://www.murthy.com/news/n_eadmor.html)
vhd999
04-27 10:33 AM
2 bags or 1 - they are check in luggage - not to worry about it until she reaches India and gets a coolie to help her out.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.
Most of the cases they cannot do without any help.
Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.
It�s a good idea to not to carry more than one piece when travelling with babies alone.
I have seen many Indian ladies with toddlers, having 3-4 carry on luggage along with strollers - please make sure this does not happen. This is something that they have to hold on to for all the in between stops, and go through so many security checks...........It is painful to watch them struggle, and other passengers end up helping them.
I agree. I frequently travel to India. Many times, I saw moms with small babies carrying multiple pieces of carry-ons.
Most of the cases they cannot do without any help.
Like others, I am happy to give a hand but I feel bad for those small babies crying while moms struggling with the other things at the airport.
It�s a good idea to not to carry more than one piece when travelling with babies alone.
more...
cox
June 19th, 2005, 04:27 AM
In the words of William F. Buckley Jr..... some of my first instincts are reprehensible! Glad you finally got CS2....How are you liking it so far? (It IS out of the box isn't it?)
It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)
It is out and installed. I loaded up the rainbow picture, did an adjustment layer, but don't seem to be making changes that really improve the shot. I'll try some more later, but I have to go, the sun is about to rise :)
jagran
07-31 03:11 PM
From where you got this fact? If this is the fact then PD won't be hovering in 2001 since last 5 years. In those days, PD for EB3 was always current so every body applied in EB3.
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
The Sept bulletin will be
EB2I - Dec 03
EB3I - U
more...
baleraosreedhar
01-08 12:53 PM
My wife had recently changed her status from H4 to H1 and had applied her SSN and got it.
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
So i dont think there's any new rule.
if you have a valid I94 then it should not cause any issue
supers789
07-11 04:12 PM
As most of you know USCIS is auditing all PERM applications filed by Fragomen. My application filed on April 20th 2008 also received audit (as filed by fragomen). I was wondering how long is it taking to get the response back for these audits? Anyone receilved response for their audits filed by Fragomen?
This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.
Thanks!
This is mainly important for me since with PD moved to June 2006, my PD is current (carrying over from old employer), but since PERM is in Audit I cannot file for 485.
Thanks!
more...
Texascitypaul
02-23 05:02 PM
Even though you entered under the VWP, and even though you remained here after your I-94 expired, you can file for AOS based on your marriage to a US Citizen.
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
Your wife is required to provide an affidavit of support. However, if her income and/or resources combined with your income/resources are insufficient, you can rely on a second affidavit from someone willing to be a "co-sponsor". The co-sponsor must be: a US Citizen or Permanent Resident, over 18 years old, and domiciled in the US.
Again thank you very much for the speedy reply.
So i need to file all at the same time the following..
Application to Register Permanent Residence or Adjust Status I-485 $1,010 ($930 plus a biometrics fee of $80).
Affidavit of Support I-134 $0
Petition for Alien Relative I-130 $355
Application for Employment Authorization I-765 $340
Is this everything? so assuming all goes well i would be protected from deportation from the time of filing until decisions are made? and would also be able to get EAD and SS number from that point on?
Paul
jr8rdt
11-21 03:04 PM
I have included the experience letter to my I-140 but the USCIS doesn't like the content of it hence the RFE. How can I overcome this? I got the letter when I left the company 10 years ago . I came to the US after that. the letter was very broad not specific duties. it was signed using letter head by my manager. I thought it was OK. but apparently not.
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
Problem is the company is no longer in business. I am planning to have a letter from a coworker who now live in Canada instead and should it be notarized ? is one letter enough for RFE? Does it mean my ex co-worker should bring the letter to a lawyer in Canada and have it notarized? or can my lawyer send a notarized letter and ask him to sign?
do I have to mentioned that the company is no longer in business in the letter?should I write the letter my self or have my lawyer do it for me?
anybody has a sample letter for RFE experience letter?
THanks....
I need help.....
more...
Ψ
06-11 06:12 PM
lol wait till u see what i come up wit.
hope it would be better than urs VD.
hope it would be better than urs VD.
sayonara
09-11 06:20 PM
i am not sure if my lawyer has the receipts. my case was sent on 6.29.2007 and received on july 2nd.
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.
Did your 485 get transferred to another center?
I am asking because my 485 was filed in NSC, went to CSC (along with my EAD and AP) and I got a transfer notice from CSC that my 485 has gone to NSC and the RD is 28th (I am a July 2nd NSC filer). Trying to gauge if my 485 receipt notice will have Aug 30th or July 2nd date.
TIA
i got my FP notice (for my wife also) yesterday in mail for 9/25 appt.
from the receipt number on FP notice i checked it on USCIS website. it says that they received the 485 app on 30 aug. and the LUD on 485 is 9/3.
Did your 485 get transferred to another center?
I am asking because my 485 was filed in NSC, went to CSC (along with my EAD and AP) and I got a transfer notice from CSC that my 485 has gone to NSC and the RD is 28th (I am a July 2nd NSC filer). Trying to gauge if my 485 receipt notice will have Aug 30th or July 2nd date.
TIA
gc2
09-22 05:24 PM
Do the following job descriptions qualify for AC21 provided all other factors such as salary and 485 pending for 180+ days have been met
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
Job A: Techincal Consultant
- Configures and implements risk management solutions using ASP.NET, VB.NET, XML, XSLT/XPATH.
- Basic working understanding of SQL Server, Oracle and related query language and tools
- Consulting development experience in IT or Systems Integration
- Excellent communication skills; written and verbal.
Job B: Project Manager
- Accomplishes project objectives by planning and evaluating project activities.
- Creates and executes project work plans and revises as appropriate to meet changing needs and requirements
- Identifies resources needed and assigns individual responsibilities.
- Manages day-to-day operational aspects of a project and scope.
- Reviews deliverables prepared by team before passing to client.
etc etc.
On promotion with the same employer, i will have responsibilities for job B but i am looking to change employers. can i join new employer with job B and use AC21 ?
ramaonline
12-28 02:21 PM
Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc
saibaba
12-04 12:01 PM
One of my best friends has good FTE offer from one company in WestCoast.Right now he is working as subcontractor at client place in Boston but by looking at the market recession/depression, he is inlined towards this offer from the previous client manager in CA.
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks
He is on H1 for 5 yrs and is into 3 yrs extension based on approved LC/140.He got EAD/AP approved and his EAD recently extended for 2 yrs.He is married, H4 wife with school aged kids.
He is with this Desi employer for 5+ years so his employer is generous about not cancelling his approved 140 for the bucks he made on this guy for the last 5 yrs. But my buddy is planning to ask his employer about keeping his H1 active, means he doesn�t want his employer to cancel his H1.He want to take up the FTE opportunity using EAD. He was asking me about his H1 status when not getting paid/no pay stubs and leaving it just like that until it comes out for renewal which is after 3 yrs�when I asked why he wants to do it he said he just want to keep it as backup incase his 485 get denied so that he can use the remaining period of H1.But I have my own doubts about his H1 and EAD usage.
Now my Question is can he stay on H1 with the Original employer without working for him (that means no salary/pay stubs) and work for this new company that is offering FTE for him?
I told him that he might have to do AC-21 stuff but he said he don�t need to do it as he is not changing his employer, Is that true? He is saying that AC-21 wld come into the picture only when if u switch employer / 140 got revoked.
Looks like he can get paid by the new employer by 1099, is that correct?.
Also I�m skeptical about using EAD while keeping your H1 with original employer.
I read in IV that you will be called for personal interviews (National Benefit Center stuff) right before you getting GC and you have to show your current years pay stubs, previous w-2�s returns etc... What about if you have to face this scenario(although it happens randomly)? Like how can we show pay stubs from new employer as proof of employment when your LC/140/484 are coupled to previous employer and you are not in his payroll though your H1/140 is not cancelled?
Has anybody done this? If so can I know what are the pros and cons?
If it is doable and if you have friendly employer who recognizes your loyalty for those years you worked for him, it�s look like a very good option for everyone.
Can someone pls share your knowledge?
Thanks