jc2002
09-25 10:13 AM
We both have received EAD.
But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?
Thanks.
But I want to stay in H1B. Can my spouse use EAD to work and I stay in H1B?
Thanks.
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jonty_11
04-29 03:21 PM
From the title of the thread seems like u already got an RFE...please use good judgement in naming threads....
akhilmahajan
04-11 03:31 PM
it seems like the IV tracker doesn't update immidiately... i've made a change to my PD as i had put a slightly wrong date... but the update hasn't kicked in as yet.
thanks for pointing out.
Will make a note of this too.
thanks for pointing out.
Will make a note of this too.
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atul555
09-01 03:27 AM
..when making the decision to settle down in US along-with the endless wait. Somethings you lose (or gain) by immigrating are intangible and unquantifiable.
BTW, Mr Singh and Mr Purewals kids are harami no. 1..
BTW, Mr Singh and Mr Purewals kids are harami no. 1..
more...
Better_Days
11-02 05:26 PM
bump. Any insight from those who are smarter than me ?
lacrossegc
09-06 05:00 PM
" FOR the period you are outside the US" it doesnt have to be and doesnt need to be the same company ...heck you can probably go to timbuktu and work there for timbuktu Inc for all US cares ... your H1B visa will still be valid (provided you still have employment with ABC USA) and you can still enter on the visa along with a supporting job letter from ABC USA. you can still go to the offices of ABC USA and work there (provided they pay the prevailing wage for the time that you work in US, else they might open themselves to litigation (from your side for backwages) ).... ABC USA doesnt have to keep paying you in US dollars if you are not working for them in US, it will be like taking an un-paid leave of absense on an extended vacation to Canada.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
The thing is that after you get the green card, you will need to come back to US and work in the same job and location as stated in the Labor Certification, atleast for about 6 months ( to avoid problems with citizenship application in the future) and then you can go to any other US employer of your choice
Well thats the quiestion does USCIS consider Company ABC USA and ABC Canada as the same company ??? Remember I will be paid in Canada on Canadian payroll.
more...
sanz
03-31 12:07 PM
Sen. Grassley calls for new L-1 visa probe
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
Raises concern that a 2006 report on L-1 visa was ignored
WASHINGTON -- U.S. Sen. Chuck Grassley (R.-Iowa) has asked the U.S. Department of Homeland Security (DHS) inspector general to investigate the L-1 visa program, saying he is increasingly concerned about loopholes in it.
Grassley on Tuesday released a letter to Charles Edwards, the DHS inspector general, asking him to dust off a 2006 inspector general report about the visa program and find out why the report's recommendations "were never implemented."
Grassley, who has been pressing for reforms of the H-1B visa, said he wants to find out the number of L-1 visa holders now living in the U.S.
The L-1 is used for multinational companies to bring employees into the U.S. and doesn't have has many restrictions as the H-1B visa, such as a prevailing wage requirement.
In his letter, Grassley wrote that "there's growing concern by many experts that companies are turning to L visas when the supply of H-1B visas are low. There is also a general consensus that L visas are being used to bring in 'rank and file' employees rather than top-level professionals with truly 'specialized knowledge.'" Specialized knowledge usually means advanced knowledge or expertise in a field.
In the 2006 study, the DHS's inspector general report referred to the L-1 visa as "the computer visa." It reported that from 1999 to 2004, nine of the 10 firms that petitioned for the most L-1 workers were computer and IT-related outsourcing service firms that specialized in labor from India. The number of L-1 petitions approved from 1995 to 2005, in most years, was just over 40,000. In 2001, nearly 60,000 were approved.
The report also found that the visa program was vulnerable to abuse and made several recommendations, including requiring immigration enforcement officers to assist in "checking the bona fides" of L visa petitions; putting in place a process for overseas verification of a petition; and clarifying what was meant by specialized knowledge, a requirement for the visa similar to what is asked for in H-1B visas.
Grassley said he wanted another look at the program because, "I have grown increasingly concerned that loopholes within the L-1 visa program have led to manipulation and broad overreach by those who use the program and have resulted in a great deal of fraud and abuse within the program
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gcwanted101
09-01 04:26 PM
Thanks gcwanted101.
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
So it looks like G639 is only for requests to USCIS and not for DOL.
Can anyone who has submitted an FOIA request to DOL for Labor docs clarify the process?
I browsed the DOL web site, but they don't seem to have a form similar to USCIS G-639 form.
lj_rr,
you dont need any special form to make FOIA request to DOL.
"The Department of Labor does not require a special form in order to make a FOIA request. Requests must be in writing, either handwritten or typed. Requests may be submitted by fax, courier services, mail, or to foiarequest@dol.gov. Although, as discussed immediately below, certain information may be required from a requester. "
U.S. Department of Labor -- Freedom of Information Act Guide (http://www.dol.gov/dol/foia/guide6.htm#how)
more...
spicy_guy
04-07 11:49 AM
Tech firms warn of impacts of tight visa quota - MarketWatch (http://www.marketwatch.com/story/tech-firms-warn-of-impacts-of-tight-visa-quota-2011-04-07?siteid=rss&rss=1)
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kaisersose
05-29 07:39 PM
I have a early 2004 Priority date (EB3 India) and asked my attorney if it is wise to reapply in Eb2 as it is current in that date, and she says she believes my Eb3 PD to get current by july. Folks, what do you think ?
No one really knows. That means there is a 50% chance she may be right.
However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.
Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.
Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.
No one really knows. That means there is a 50% chance she may be right.
However, it is generally accepted that it is wise to apply for 485 without delay as soon as the PD is current without waiting for I-140 approvals as these dates can retrogress again.
Many people with PD current are hesitating to apply for 485 as they want to wait for I140 approval to save 485 fees. This is very wrong and in case the dates retrogress again (there is a good chance), you will actually end up losing several thousands of dollars because you tried to save one thousand dollars.
Look at the big picture and do not get into the money saving mode now. If you lawyer asks you to wait, get a second opinion from a reputed lawyer.
more...
chinna2003
07-03 09:26 AM
Its better than not going to work and sitting at home playing with your kids or watching movies or shopping at walmart or doing laundry etc etc mulling about your future if you have time to spare for a thought
Who said the demonstrations have to be on weekday. You can very well do it on weekends and you can do it during your lunch breaks . What we lack is resolve not resources
I hope everybody agrees with that
Who said the demonstrations have to be on weekday. You can very well do it on weekends and you can do it during your lunch breaks . What we lack is resolve not resources
I hope everybody agrees with that
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andy garcia
07-30 02:54 PM
but we do get the original FP notice , right?
That is correct. I meant Lawyers get copies. we get the originals.
That is correct. I meant Lawyers get copies. we get the originals.
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gbof
11-20 09:01 PM
Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
Congrats on your family addition. Any advise on your AOS is really dicey-- more so, when uscis follows their own rules at their whims. Even if they decided favorably for someone, no body can be sure what the IO handling your case decides. I will say play safe and go by the advise of an experienced attorney.
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sac-r-ten
11-10 02:43 PM
i renewed mine in Apr 2006 in Washington DC and they gave it for 10 yrs. My stamped H1B was expiring in Oct 2007.
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meher
12-25 12:35 PM
At present till now based on the talks i had with my employer i donot have any hopes that he will be running the pay stubs.
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
The pay specified in my LCA is $44000. I have been paid on hourly basis of 43$/hr till now and the pay stubs reflect that. If i go to DOL or go through attorney will i be paid at $44000 or will the previous pay stubs help in getting me the rightful salary.
Sure i will let know the employer name. I am just waiting to have my H1B transfer.
MRD
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tinamatthew
07-21 12:05 AM
OK agreed , when it's a law we should abide by them.But what are the other options available for B? He can't be covered under 245(K) so this option is ruled out.He needs to forget about GC? Will it be helpful if he contacts good lawyer any hope? Or just rely on luck?
If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed
If this is a real scenario, then if I was him/her I would only give the last 3 paystubs, W2s, tax returns. If the USCIS can't guess that I have no paystubs for 185 days then I will not hand it to them on a platter. I would however answer EVERY question TRUTHFULLY on all forms completed
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redds777
04-21 07:27 PM
I am July 2007 filer, submitted I485, EAD/AP for me and my wife but as of now no LUDs on both I485s. Submitted at NSC but transferred to TSC this is happend at that time only now the case is pending at TSC.
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
Hi
I am in same situation as you. my priority date is June 06.
i took info pass and went to baltimore office. he said name check is cleared and the case is pending in TSC. I asked him to let me know if my case is coded under EB2 or not. he said he does not have that info.
Hope LUDs will be there soon.
Thanks
EAD renewed last year got one year only now we have to renew this year again.
Many of my friends and their familes updated LUDs on 485 and even I read many threads in this forum regarding soft LUDs once or twice but mine is nothing... don't know:confused:
I took infopass appointment to know the status of my I 485. They said the case is pending it may take time and also said mail the letter to TSC and ask them what is the status? but she didn't say name check pending etc.., I don't where is stuck my application these I had wait once the processing time comes then they will update but nothing done....
Any one is facing same kind of situation?
Please let me Know.
PD Aug 2006 EB2
I485 pending at TSC, ND Sep 2007
no LUDs on 485 :(
FP done Nov 2007
Hi
I am in same situation as you. my priority date is June 06.
i took info pass and went to baltimore office. he said name check is cleared and the case is pending in TSC. I asked him to let me know if my case is coded under EB2 or not. he said he does not have that info.
Hope LUDs will be there soon.
Thanks
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vxg
04-19 08:16 PM
I am getting promoted to a manager's position. This postion requires the same technical knowledge and has the same job resposibilities. Apart from this, it has people management responsibilities. My lawyer said that since it is in the same devision and just added responsibilities it is fine. We just have to put the new position while applying for the next H1B.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
It is not clear from the previous posts if this is a problem.
Being project lead and going to managing projects can be considerred as gradual change by someone or complete different job by another.
My question is since GC is for the future job why should it matter what the current job is so long it is in the similar technology area or part of the company.
I have done the same i got promoted to manager within same divison and same responsibilities with added resposnibilities. The lawyer said it is OK because the job responsbilities are same. Adding new responsibilities does not hurt. About salary your salary at the time of i-140 filing should greater than or equal to the salary decsribed in LC application.
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logiclife
06-25 06:36 PM
Hi all,
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
My attorney (a great guy by the way) filed my I485 without my employment verification letter. When I raised the question, he argued that the employment verification letter cannot be a ground for denial and that worst case scenario will be USCIS sending a RFE.
Is it true that it is not a ground for denial?
Is is possible to send it it separately to complete the file?
What would be your advice?
Thanks is advance.
The most recent USCIS memo says that if initial evidence is missing, then they can deny the petition without bothering to send the RFE. This is memo as of June 17th.
Employment verification letter is listed in the intial evidence on 485 form. So it is very risk to send 485 without that coz it could get denied without you ever seeing an RFE.
Ask your lawyer if he has read the USCIS memo on June 17th. If he hasnt, then send him/her this link:
http://www.uscis.gov/files/pressrelease/RFEFinalRule060107.pdf
Thanks.
cygent
06-10 07:44 PM
Hi diptam,
Don't forget, if you filed in PERM, your labor might be <365 days.
I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
http://immigrationvoice.org/forum/showthread.php?t=19534
Don't forget, if you filed in PERM, your labor might be <365 days.
I'm confused - Everyone who has a 140 is supposed to have a Labor and very likely that will be more than 365 days old. So why do anyone need 140 approval in that sense ?
http://immigrationvoice.org/forum/showthread.php?t=19534
123456mg
08-03 05:19 PM
I bet you your attorney had either not replied that RFE and plainly let go the matter or the RFE response must have not gotten to USCIS in time. It had happened to one of my company collegue as well. Please ask your attorney to give you copies of details about the RFE and also provide (with FEdEx tracking number) the response that he wrote to USCIS. It is very easy to track if it is your company attorney screw-up or a genuine issue.
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