Desertfox
06-01 08:39 PM
Your current salary has nothing to do with your Labor Certification. LC is for a future job offer and you are supposed to get that salary only after your I-485 approval. Hence there is nothing to worry about it.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
As your current salary is per H1 LCA, you are absolutely ok and there is nothing illegal in your nonimmigrant status as well. There might have been issues during your I-485 adjudicatiion if you were not being paid per your H1 LCA, since that is considered as abuse to your nonimmigrant status.
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tnite
08-05 10:02 PM
Please join us for a tri state lunch meet. We would like to start working on volunteers/ mobilizing members for the DC rally. Even if you cannot take the day off and come to DC please come by for the lunch. We could really use help with banners/posters/ and ideas to make this a success.
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
WHEN: Saturday AUGUST 11th
LOCATION- 148 E 48TH St, New York, NY 10017 (between Lexington and Third Avenues.)
TIME: 1:30 pm
IF YOU'RE FROM NY/NJ/CT TRISTATE AREA, PLEASE DO JOIN http://groups.yahoo.com/group/immigrationvoiceny/ (http://groups.yahoo.com/group/immigrationvoiceny/)
venky08
07-27 02:52 PM
Related to the questions on this thread.
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
What happens when:
AOS has been filed and it is more than 180 days AND
dependent has started working on EAD AND
primary applicant loses job
Case 1: primary applicant is also on EAD
Case 2: primary applicant continues on H1 without using EAD
Do the primary applicant and/or spouse become out of status in either of these situations? Can the primary applicant invoke AC21 and look for another job - how much time does he/she have? i.e. does the AOS filing provide primary applicant a cushion in case of job loss?
thanks!
the key is that in any case, if the applicant does not have a H1-B backup and is solely relying on EAD, then he/she needs to make sure that the I-485 should not be denied. because if it does, it automatically makes the applicants out of status forcing them to leave the country. so it is always safe to have H1-B status maintained eventhough you have EAD. my2c
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alapkd
09-01 01:49 AM
good but sad article, thanks for posting.
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realizeit
03-20 09:12 PM
jnraajan: Yes, you are right! That's what I was saying too.
"...If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton ....."
"...If you go through the records of the past presidencies, you can see one interesting thing: Whenever the presidency changes from one person to another, that period is the best to make any sweeping changes that can be done administratively. Bill clinton ....."
casper21
07-29 10:46 AM
Can someone give answer to my question??? Please..................
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psam
11-02 12:05 PM
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
--Parag
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
--Parag
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eb3India
03-09 09:03 PM
I simply don't get it, first everyone blamed 245i cases and April 2001 deadline, we now passed this stage, I really don't see that many people from India are waiting for GC with PD 2001, so who are consuming these visas, there are only few guys from this year, most of my friends how applied during this year got their greencards
it just does'nt make sense, yes ofcourse reforms is dire necessity
it just does'nt make sense, yes ofcourse reforms is dire necessity
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ebizash
08-25 02:17 PM
poorslumdog,
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
I do appologize. I have made some donations today, will be making in the future.
i will be more active in the posts and compaigns.
will you please encourage others to respond to my questions?
Thanks for giving me a wake -up call.
Greencardfever5, first of all I don't think you needed to apologize. Everyone has their own schedules and priorities, and just because you did not spend enough time on IV, does not mean you are not welcome here.
Now to your question - I was in similar situation last year , may be even more complicated than yours. First I got promoted (developer to Architect) in my GC sponsoring company in 2007 and then in 2008, I changed employer and took another promotion (Architect to Manager). In the first case, my GC employer filed an amended H1-B and in the second case, I used EAD to switch employer.
I got RFE last month for employment verification letter. My current employer responded with my current position, salary (more than 50% higher than LCA), and job responsibilities. The USCIS accepted that response and my case has resumed processing. So if I were you, I would have no problem taking the Engineering Manager title.
Hope this helps.
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glus
06-18 11:28 AM
First, you should not offer money for such a letter. Secondly, you can ask a colleague to write one for you. When you send a letter from a colleague, explain that the company had refused to write a letter for you. Include the phone number and the address of the company.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.
In general, a colleague letter is enough as long as the USCIS can verify the author of the letter.
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monkeyman
10-05 12:46 PM
My wife is still waiting for her AP - Could anyone tell me how to determine the progress on AP - she has her EAD Card though!!!
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gc28262
08-27 08:08 PM
Did not know that you can use FOIA for obtaining a document that does not belong to you (or you dont own it)
Here are threads relating to that.
http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
Here are threads relating to that.
http://immigrationvoice.org/forum/forum80-visa-bulletin-status-tracker-processing-times/219826-use-foia-for-i-140-and-other-immigration-records.html
http://immigrationvoice.org/forum/forum2-retrogression-priority-dates-and-visa-bulletins/1469-foia-to-get-copy-i-140-approval-notice.html
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test101
07-18 11:04 PM
Can I file I-131 after filing for I-485? or does it have to be done at the same time?
thanks
thanks
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mantagon
07-16 08:23 AM
You can still work on EAD and maintain your H4 as long as you do not go out of the country. If you go out and enter on AP, then you switch back to AOS, no reporting to USCIS is necessary. But if you can still file I-539 and switch back to H4 again.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
But on H4 you can still work on EAD, while maintaining your H4 status.
I would ask everyone , pls be careful while responding to someone's querry. And the person asking should also consult a lawyer. In this case, since I am in the same boat, and the advice came from the lawyer. I just got my spouse H4 extended for another 3 years, the after 6 years extension, while she is working on her EAD.
That does not make sense! Peaople on H4 are not allowed to work, period! Thats how the Visa category is defined. Now, how will one on H4 to work? Enter EAD! So, while EAD allows him/her to work, it changes the Visa status (be it H1 or H4) to AOS. It does not matter if you travel outside or not.
I do not know how you extended your spouse's H4 with the help of the attorney. It is an error on USCIS part, may be because you (or your spouse's employer) have not notified the USCIS about your spouse using the EAD for employment.
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pbuckeye
06-25 08:02 AM
Hi Gurus / Attorneys,
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).
Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.
I have come to this country in 1999 and have worked for company A and after 7 years , I transferred my H1B to company B based company A's approved I-140 in 2007 before July fiasco. Hence missed the July 2007.
Now I have been working for company B for the last 3 years and got my I-140 approved again and applied for H1B extension. Received RFE asking for client letter.
Client was reluctant to give the letter and my H1B got denied.
Asking client for the letter : Client says that they can't give a letter, it's against their company policy :confused:
My Options :
1. MTR : I am not sure if I can get the client letter to open MTR and also file a new H1 in parallel.
2. Go back to my home country : My employer said that they will apply for a new H1B for consular processing (does this come under quota ?)
I own a home here and now leaving everything in a week is making me worried.
Also my priority date is Nov 2002 under EB3 and I am not sure how I can pursue this from my home country, if needed.
Thanks in advance for all your help and suggestions !!
Can you try to get the MSA/SOW/PO between the client and vendor for the MTR (or client and your employer)? Sometimes the SOW reads almost like a client letter (with name, job duties, client supervisor name, signed by IT and legal department at client site).
Another option could be to get an email from the client stating that they cannot provide a letter because of company policy AND/OR get a letter from the vendor stating the same and provide the contact information of the supervisor at client location.
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Ann Ruben
02-23 01:51 PM
Paul,
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
You and your wife can simultaneously file an I-130 immigrant petition and I-485 application to adjust your status to permanent resident along with an application for employment authorization. To properly assemble and document these filings--including the affidavit of support---can be tricky. My best advice is for you to retain the services of an experienced local immigration lawyer to represent you through the process.
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pani_6
03-20 09:57 AM
Ok move over Prez elections..what happens in 09 after the Prez election..the current senate is the same..which refuses to pass any immi bill..just because the Prez elections will get over this year..why are we expecting that next year any bill will pass??..
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
So Lobby , more lobbying and extreme lobbying..is the way to go..!!I dont see any other way out;)
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anilsal
03-17 01:19 PM
it is very important that you seriously consider the options you have at the earliest.
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
You should try to talk to an immigration attorney at the earliest.
Reading your case, I think best would be for you to find another job and file a new PERM application. You will retain the earlier priority date.
Additionally, have you considered getting a 3 year H1B extension based on the approved 140? I am not sure whether you can do it because you no longer work for this company. So, when you got a H1B transfer (for the new company B), did they give you 3 years or 1year extension for H1B?
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waitin_toolong
08-08 10:36 PM
they said the decision will be based on the bulletin applicable at the time of approval. what is the date of approval if after Aug 1st then you have a case otherwise you do not.
veni001
11-08 01:32 PM
hello
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
work for decent size company (1500 employees).i am the only non citizen/non gc holder
applied eb3 and stuck since 2003.gained masters in 2006
planning to apply to EB2 with different title .
my employer is requesting to apply eb2 for masters with 7 years of experience as requirement
in general if i look at DOL websites ,most positions requirements says masters plus 2 years like that
does that mean its guaranteed audit like that meaning do they question or is it possible
any experiences who ported are appreciated
thanks
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
soni7007
09-15 11:08 AM
I have been reading posts where suggestions of writing letters to various political figures have been raised and hopefully implemented. I have a suggestion too, please ignore if this has already been brought up and discussed.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
As a popular saying goes, a picture is worth a thousand words. So, my suggestion is :
Send our pictures to these people (whoever they are - senator, congressmen etc.). We can include 2 pictures each- eg.- one picture when we initially came (5-10 years back, unmarried, younger looking, graduation picture, college campus etc.). Another picture can be a more recent one (with family, kids, in our office, professional attire, house, car etc.).
We can include a tagline behind each picture.
Now since digital photography has taken over hard copies, many of us would be lazy enough to go take prints and then send them to the senators. So, we can email our pictures to one person (or IV core) and they can hand over the package to the concerned authorities.
I know this is a very rough sketch of what is actually involved in making this happen, so please come up with suggestions/ ideas.
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