deepimpact
09-21 11:50 AM
I am sure anybodywho has a concept of fairness understands Eb3 candidate waiting for 5 years deserves to be in Eb2 just by definition of Eb2 and he is not taking any new job which means he is not displacing any new american worker.
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
Per the current Labor laws, you cannot use experience gained from same employer in PERM certification unless job changes by 50%. And if the job changes by 50% then it is a new Job and you are replacing a potential American worker. And if you are still doing the same job, then even though you have gained 5 yrs experience, your job requirements did not change(ie B.S + no experience). The EB category is determined based on what is the requirement for your job rather than your qualifiction.
That is why the provision of porting is a case by case item rather than a blanket rule applying to anyone in EB3 for 5+ years. And the backlash won't be from a few EB2 folks (it will be about a 100K folks).;)
sathishav
02-21 02:11 PM
The timing also depends on which country you belong to. Fill out he profile as much as possible. That helps a bit.
vinabath
07-02 03:48 PM
You decided to marry a girl because your PD was current, married her and promised her you would get her an EAD in 3 months...and you did all this in 2 weeks ???
Man! You are fast!
Actually I was slow. The God(USCIS) made me fast.
Man! You are fast!
Actually I was slow. The God(USCIS) made me fast.
martinvisalaw
10-22 01:50 PM
I presume her change of status (COS) from H4 to H1 took place automatically when she received her I-797 Approval notice from CIS with an I-94 valid till Oct 2011. Is my presumption correct?
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
yes
Now, will her next COS i.e. from H1 to H4 take place when she leaves the US and appears for H4 interview based on my current H1's (company B's) 1-797 Approval notice in consulate in India? [
Your wife will be applying for a new H-4 visa, but it's not called a COS. That just applies when a person applies to change status while remaining in the US.
I dont have stamp of my current H1 (company B's) in my passport. I have only the old H1 stamp (company A's) in my passport, which is already expired. I also plan to leave for India for my H1 stamping. Which will be the better approach: she appearing for her H4 interview along with me when I appear for my H1 stamping or she going alone ahead of me for her H4 stamping? Many thanks in advance.
Either is OK. Once you have H-1B status it doesn't matter that you don't have a valid H-1B visa
more...
amulchandra
02-06 06:47 PM
Actually the reply I got was from the attorney(who is HR head I believe) of the non-profit organization itself. What I was told that some companies do accept volunteers but due to ignorance of law on their part.
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
Volunteering itself means one is not paid for. But H4s cannot volunteer in their own field of expertise. This is what I understood.
Anyway I am planning to file my H1 this year.
On the lighter side of everything may be he is a member of numbersusa...
for_gc
06-14 03:44 PM
Question is who will bell the cat.
more...
immi_2006
02-15 03:09 PM
Try orbitz.com. You can book tickets from India and pay in USD. If the airline you selected still issues paper tickets instead of e-tickets then orbitz mails the tickets to your US address.
boom
06-13 09:06 AM
Kumarr,
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
I had the same situation for my daughter who turned 14.They requested for biometric fee $80.00.It should be simple and OK.just pay the the amount and you should be fine.After that you may get a FP notice.
Once we sent the bimetric fee,proceesing resumed and everything was fine.
more...
gcisadawg
02-24 10:42 AM
He is the best player in cricket history. I admire his passion and dedication about cricket.
Congratulations to all cricket lovers...
We will remember this record all our life ...
He has a great array of batting records...
Some I can think of are..
Second highest number of ODIs ( 2 more to equal S.Jayasuria)
Second highest number of tests ( 2 more to equal S.Waugh)
Most runs in ODIs, Tests.
Highest individual score in ODI.
Most number of centuries in ODI, Tests
Most number of 50s in ODIs.
The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!
Congratulations, Sachin!
Congratulations to all cricket lovers...
We will remember this record all our life ...
He has a great array of batting records...
Some I can think of are..
Second highest number of ODIs ( 2 more to equal S.Jayasuria)
Second highest number of tests ( 2 more to equal S.Waugh)
Most runs in ODIs, Tests.
Highest individual score in ODI.
Most number of centuries in ODI, Tests
Most number of 50s in ODIs.
The amazing thing is he still has the drive and enthusiasm to play at the highest level. And play really well!
Congratulations, Sachin!
a.j.2048
02-07 01:51 PM
PTs are licensed by the state government. If you are engaged already, you may want to start the licensing process right away because it takes many months and she can get things like transcripts done quicker if she is available locally.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
1. Get her credentials evaluated from FCCPT
2. Apply for licensing to the state government
3. Take remedial courses if any are required. This can take few months or many years depending on the course she attended outside the US and the requirements of the state you are looking to live in.
4. Re-apply for licensing.
5. Apply for work visa or work on EAD derived from your application.
----------------------------------------------
Other issues-
1. You will have to repeat the credential verification and licensing for each state you move to.
2. States change their licensing requirements all the time, so you may find yourself in a situation where some state in the future refuses to license her because their requirements have changed. Only way to guard against this is to join a DPT or MPT program and get an American credential.
more...
GCBy3000
07-24 05:05 PM
I agree with portability logic. In that case, a 485 is tied with individual. Why cant a individual have a 485 certified anytime. That is not going to change even if he moves from place to place. In fact, a 485 should be like a degree certificate validating all the credentials. We should be able to carry it wherever we go and show it to our prospective employer and get the GC process moving.
Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.
Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
Having said that, there is no need to wait to file 485 due to visa retrogression. Visa numbers are for adjucating the individual 485 and granting the perm residency status. I dont understand why the 485 stage comes as the final one and why the hell it is tied up with VISA numbers.
Example: The applicant gets all medical check up and he is hale and healthy. He filed for 485 and it is pending for 5 years due to retrogression. Every year or once in two year he needs to repeat the medical checkup and declare he is still healthy until he gets the GC. This funny test is not required after he gets GC. Assume in 4th year he gets the deadly VIRUS decease from a US citizen, then he will be denied of GC. The reason is he will spread this contagious disease which he got from US citizen. But he is free to walk and spread if he has GC. Is't funny. I may be wrong........
LC - Verification is related to the sponsored job
140 - Verification is related to the sponsoring company
485 - Verification is related to the sponsored individual
Portability, by definition, applies to individual and not company. Why would your company want you to have portability?
EndlessWait
08-01 12:39 PM
http://lofgren.house.gov/PRArticle.aspx?NewsID=1819
Good going.
Good going.
more...
k94
11-22 02:46 PM
I presume that you have a lawyer. They should work with you HR group to get the ads set and sent to the BPC.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
Based on the Federal Register, the only labour certifications that cannot be converted are those that already have a job order initiated through the BPC, as part of the supervised recruitment process.
CareerHit
10-14 11:02 PM
Hi
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
I'm on h1 and also have an EAD
My current job is on my h1. And I have an EAD, but never used it.
Question: Can I work pat time on my EAD and still retain my h1.
Any pros and cons?
Thanks
Tejal
more...
gjoe
03-29 06:23 PM
I would suggest having a potluck in front of capitol and also see the cherry blossom in the evening. If possible a boating ride can be squeezed in.
This would make a statement that we are well off and out only problem is the delay in GC
This would make a statement that we are well off and out only problem is the delay in GC
Norristown
10-09 01:32 PM
I don't know many people are eagerly looking for Nov bulletine. I am almost done with looking for any hope in near future. Most of EB-2 guys might be following these bulletines. If there are some indications that dates are changing then we see lot of traffic on this forum , otherwise just like sleeping dog!
more...
ujjvalkoul
01-30 06:02 PM
How does this effect anyone applying for DL..
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer
------------------------------------------------------------------------
Comment: Numerous States expressed concern that the current
processing time involved in USCIS review of applications for various
immigration statuses impacted by REAL ID will result in a large number
of applicants who wish to renew their licenses but their applications
to extend their status has not been acted on by USCIS within the year.
Two States suggested that States issue interim documents that would be
valid for very short periods until an applicant receives his or her
permanent document demonstrating lawful status. Another commenter
suggested that such an interim card be based on the applicant's visa
until authorization is received and verified through SAVE, which should
be programmed to contact the querying State when there is an updated
applicant status. One commenter recommended that the rule allow States
to use a license expiration date 90 days beyond the expiration date of
the immigration document to allow for USCIS processing of applications
to extend lawful status. Commenters said that individuals in certain
statuses will not be able to comply with the requirement to present
documentation showing extended lawful status upon renewal because in
most cases, their statuses will not have been extended but merely
continued.
Response: Again, State DMVs will use the SAVE system, and not
particular documentation, to determine that the license applicant is in
lawful status. An application that is properly filed with USCIS
entitles the person to remain in lawful status beyond the period listed
on the person's Form I-94 or other immigration document, that
information is reflected in the SAVE system. Thus, aliens in these
situations would be able to obtain REAL ID-compliant licenses and
States would not have to add any additional processes with USCIS.
http://a257.g.akamaitech.net/7/257/2422/01jan20081800/edocket.access.gpo.gov/2008/08-140.htm
Are we going to get temporary DLs from now on?
Can someone confirm? I know IV is following up with MI state Attorney Generals office, but from reading the ruling the validity of the license is not clear.
Here is a response to a comments by DHS..Looks like for most of us whose i94 will be expired but have filed an application like 485 whic is pending..hence the lawful end date of stay is indeterminate - the license will be 1 year only...bummer
------------------------------------------------------------------------
Comment: Numerous States expressed concern that the current
processing time involved in USCIS review of applications for various
immigration statuses impacted by REAL ID will result in a large number
of applicants who wish to renew their licenses but their applications
to extend their status has not been acted on by USCIS within the year.
Two States suggested that States issue interim documents that would be
valid for very short periods until an applicant receives his or her
permanent document demonstrating lawful status. Another commenter
suggested that such an interim card be based on the applicant's visa
until authorization is received and verified through SAVE, which should
be programmed to contact the querying State when there is an updated
applicant status. One commenter recommended that the rule allow States
to use a license expiration date 90 days beyond the expiration date of
the immigration document to allow for USCIS processing of applications
to extend lawful status. Commenters said that individuals in certain
statuses will not be able to comply with the requirement to present
documentation showing extended lawful status upon renewal because in
most cases, their statuses will not have been extended but merely
continued.
Response: Again, State DMVs will use the SAVE system, and not
particular documentation, to determine that the license applicant is in
lawful status. An application that is properly filed with USCIS
entitles the person to remain in lawful status beyond the period listed
on the person's Form I-94 or other immigration document, that
information is reflected in the SAVE system. Thus, aliens in these
situations would be able to obtain REAL ID-compliant licenses and
States would not have to add any additional processes with USCIS.
md2003
04-02 09:35 AM
I see each Attroney has different opinion on PD retaing when previous employer cancel the i140.
Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.
Not sure which one is correct.
Rajiv Khanna -- He always thinks we can carry PD.
Murthy -- Every week she gives different answers
Mathew oh --- He gave different answers
Susan --- She thinks We can carry PD. But i heard only one conference call.
Not sure which one is correct.
simple1
10-26 05:59 PM
I have personally seen few indian-nationals with US-GCs telecommuting on short-term (arround 30 days) while on vacation in india paid only in usa payroll and paying only USA taxes. The same may be applicable for AOS/AP/EAD.
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
I think.
short term (arround 30 days) - may be ok.
vacation or telecommuting for longer duration (not sure about max # of days) is considered as abandoning AOS.
I fully agree with mcq except for duration part.
Here's how I see it.
If you are employed by a US company and are on the US payroll of that company, and they are paying your salary into your US bank account, then I would say, that even though you may be working remotely in an Indian office of that US company - then yes, you need the EAD.
Why - you might ask. Very simply, if you are on the US payroll you need to have an I-9 on file with the company. You can only file an I-9 if you have the legal right to work in the US for that company (EAD / GC / Citizen / H1B etc).
so what it all boils down to is, no matter where you are working in the world for the company, if you are on the US payroll, you need an I-9, to file the I-9 you need a legal right to work, and that for you means the EAD.
one other thing. I believe that you also need to be in the US to file for and receive the AP & EAD.
Hope that helps
McQ
cdeneo
03-04 07:59 PM
Is there a way to find out if one's FP has cleared or not? I guess infopass appt may be one way - just wondering if there was an easier way to know where one stands ...
Thanks!
Thanks!
wandmaker
11-27 07:17 PM
how do you all intend to do that? A lot of larger clients I've seen have the preferred vendor policy and if the desi company is the preferred vendor, how do you eliminate them?
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
If you want to stay with the current client and eliminate the layer - It is completely depends on what kind of contract you signed with a preferred vendor or employer. There is no general how-to. If i were you, I will look for a new client with high billing rate.
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