keiryu
08-20 04:07 PM
When did you apply the switch from EB3 to EB2? Did you have to go through the entire process of PERM all over again? How long did it take? I'm considering this also.
yabadaba
06-29 02:30 AM
i just saw the immigration portal threads...interesting...dont think its too bad tho.
yestogc
06-30 01:37 PM
You can have 2 H1B active at one time, but one should be fulltime and other which we call as concurrent H1B (part time).
As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.
The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.
As per my understanding Concurrent one does not fall under quota since it is a part time one and needs to be approved before you can start working unlike h1B transfer where you can work as soon as transfer is filed w/o waiting for approval.
The underlying H1B or the concurrent H1B does not protect you on status, so if you loose status on your fulltime h1B job then you cannot jump on this to save your status.
zofa30
09-13 02:16 PM
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
more...
n_2006
02-23 01:45 PM
No problem. I am an idiot to replay this post.
shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.
shut up idiot. Do you know how many 485s have been rejected for using AC21? Some people have advised me to stay where I am as long as it takes, but my gut tells me to find another job. So I am just asking for risk and opinions.
sbmallik
09-13 02:44 PM
The Priority Date portability fails only if the approved I-140 was determined to be fraudulent. Otherwise, even if it is revoked, you are good.
Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...
Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.
Yes, the new employer has to re-start your GC process, so that you can port the older PD to the new application. So, not much time can be gained ...
Other option is to change job after I-485 application is pending for 6 months, but this involves sticking to the current employer for longer time. The advantage is the new employer needn't re-start the process - just invoke AC21 clause and proceed. Exact time requirement depends on your priority date and country of changeability.
more...
chanduv23
11-21 03:45 PM
maybe u should write to the ombudsman and let them know that its not fair for people who dont have aila attorneys.
You can do it too :)
You can do it too :)
.jpg "Japanese Anime Hairstyle")
surabhi
10-17 12:28 PM
I am new to cnsulting jobs and was wondering if anyone can elaborate on what these terms mean ..
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Contract - Corp-to-Corp ?
Contract - W2 ?
Contract to Hire - Independent ?
Contract to Hire - W2 ?
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
more...
svam77
07-18 11:54 PM
Thanks a lot for all the replies. I wil wait till August 10th, if I dont get it, I will just ask my attorney to file it with a cover letter. If he hesistates, I will file I 485 myself.
vin13
01-21 08:41 AM
You can go for any reason. I recently got back using AP. They just verify if your AP is valid and let you in.
more...
rajmalhotra
02-08 04:46 PM
This refers to only duplicate filling through same employer, there are no rules for applying multiple fillings through multiple employers:
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
"Mr. Aytes expressed concern that people might file duplicate petitions in order to increase their chances under the randomized selection, and USCIS plans to issue a regulation to prevent such duplicative filings. If an employer filed another petition with a minor change in the salary or the worksite, it would be considered a duplicative petition. Mr. Aytes warned that both petitions would get rejected"
From www.immigration-law.com
---------------------------------
01/28/2008: Risk of Multiple Filing of FY 2009 H-1B Cap Cases
� Question: We run an IT consulting business for the employers and are scheduled to file a number of FY 2009 H-1B cap cases in coming April 2008. I understand that in FY 2008 H-1B cap filing, employers filed multiple H-1B petitions for the same foreign worker for the same position and some were successful in obtaining H-1B in the lottery. What are the chances that the same opportunity may be available in FY 2009 H-1B cap filing?
� Discussion: The USCIS is predicting that the FY 2009 H-1B cap numbers are likely to run on the first day, April 1, 2008, Tuesday. It is also obvious that the agency may have to go through a random selection lottery process again this year. The USCIS recognizes the problem of multiple petition filing for the same employees by the same employers and has released an information that this year the agency intends to sort out such multiple filings and reject or deny all of them. It must be a challenging task for the Service Centers to undertake such work, but it is obvious that unlike the previous year, the risk of filing multiple petitions by the same employer for the same employee for the same positions will be substantially high since the USCIS has been developing so-called "account system" of immigration benefits processing and adjudication. No one knows how far the agency has gone to develop the account system. One of the accounts the agency was expected to develop was to develop the employer account databases.
� However, there is a legal issue as to whether the USCIS can either reject or deny the multiple H-1B petitions for a given alien by the multiple different employers for different positions. Such multiple filings will not give any benefit to a given employer, but from the perspectives of the alien employees, the chance of random selection may increase substantially. It is uncertain whether the agency will expand their policy against the multiple filings by the multiple employers, but in the event they adopt such policy, the agency may face legal challenge in courts by the U.S. employers. From each employer's perspectives, it may be construed an illegal deprivation of their rights to petition for a required foreign worker, particularly when each employer had no knowledge of other employers' filing of the H-1B petitions for the same employee. Interesting question to watch ahead.
This yr for H1B's whoever applies from more than one employer then his application will not be considered in the random pick.
http://immigrationvoice.org/forum/showthread.php?t=16188
invincibleasian
02-06 05:09 PM
I dont have EAD so I cannot comment!
more...
yabadaba
01-26 10:59 AM
If you want to track how fast are they processing - you have to go by "Notice Date" because that's the day they first saw your Application. If you want to charge AC21 or calculate iVisa Bulletion's Retrogression do by "Receipt Date" for calculating "180 days Portability" etc....
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
In the "Pre-July 2nd world" those 2 dates used to vary by 1 or 2 days so no one used to care.
Well - so NSC is doing I-140 for Apr 23rd and Texas is July 21st... I would have got my freedom by now if i had filed I-140 at Texas :) Another good thing in this Bulletin Vermont H1b extension processing have moved a lot - from Apr 23rd to Oct 1st 2007 - wow !!!
Good Luck folks!!
TSC is june 21st for I-140
monkeyman
01-04 12:15 PM
Let me start off by saying this is simply not the right forum for such discussions. You are better off using monster.com or some other job related sights.
As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.
SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.
As far as changing the fields go, assuming you have the authorization to work - you can change. But QA jobs these days are hard to come by and mostly happens in different countries and most of the existing jobs have been bangalored. And an effective QA job requires some kind of experience in the software development or related field. A non effective QA job is simply testing and chances of you retaining the job for more than 2 years is very slim. The thinking behind that is a more person gets involved with testing, the more he/she understands the testing and less rigorous the testing becomes.
SAP courses are good once you understand the nuts and bolts. But its challenging and requires you to have lots of people skills and ability to convince people that their business must run per SAP and not viceversa. Hope that helps. Good luck.
more...
gultie2k
07-02 08:41 PM
Got an online notification today that H1B extension is denied. 3 yr extension filed with 140 approval. Been with same compny for 6 yrs. Never on bench. USCIS didnt provide any details when we called them. Am I out of status from today. Can I still try for a new H1? Ideas please.
Thanks
Thanks
syzygy
07-11 05:58 PM
I will distribute flyers in Indian stores in Hayward/Foster city area. Will definately be there on Saturday with at least one friend (I am new in area)
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
Lets rock the bay !
Please help people, this is our next action item after the flower campaign.
Spend less time discussing who to send flowers to next, and more helping on the immediate task at hand!
I challenge you!
:D
more...
singhsa3
09-05 12:21 PM
No, it is not too late but JUST IN TIME.
After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.
Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.
Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.
After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
After this hearing, first set of votes will be taken to decide if this bill should be made debatable or not. It just requires simple majority.
Then, the real thing begins. Debate , amendments and the final voting followed by reconcillation between the two houses.
Even if the bill pass "as it is" we will be in MUCH BETTER POSITION " then what we are in today.
After all, the effective green cards are increased to 725K per year , along with recapture provisions and exemption for people with certain master degree.
From http://www.immigration-law.com/Canada.html
List of Witnesses To Testify at House Judiciary Immigration Subcommittee Hearing Tomorrow
The list:
Congressman Jeff Flake, R-AZ, co-sponsor of STRIVE Act of 2007
Congressman Joe Beca, D-CA
Congressman Ray Lahood, R-CA
Congessman Brian Bilbray, R-CA
Tony Wasilewsi, Small Business Owner, Schiller Park, IL
Eduardo Gonzalez, U.S. Navy Petty Officer Second Class, Jacsonville, FL
Rev. Luis Cortes, Jr., President Esperanza USA
Joshua Hoyt, Executive Director Illinois Coalition for Immigrant & Refugee Rights
Cassandra Q. Butts, Sr. Vice President for Domestic Policy Center for American Progress
David Lizarraga, Chirman of U.S. Hispanic Chamber of Commerce
Julie Kirchner, Director of Government Relations Federation of American Immigration Reform
Corey Stewart, Chairman At-Large, William County Board of Supervisors, FL
The list indicates that the skilled worker immigrant worker community is not well represented in this hearing. We will post the text of the testimony as soon as it becomes available.
ashwaghoshk
11-02 08:18 AM
Gori hai kalaiya.. tu lade muze hari hari chudiya...
like_watching_paint_dry
01-13 08:33 PM
Hi: I need some help in resolving my situation. I im in the seventh year of my H1B. My I-140 got approved on April 2006 with a priority date of November 2001 date Under India EB3 Category. Since the priority dates are not current, I coulnd't file for I-485. Now, my client where I am working is offering me permanent employment on H1b and I want to know what are the options available for me without losing my previous GC status and priority dates.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
1. Can I take the new employment without losing the priority dates.
2. If I lose the priority dates, can I take the employment and start the GC process again??
Your help is really appreicated to come out of the situation
You have waited very long and I think you deserve to get the green card. But under EB3 India, that wont happen for another 4-6 years to be conservative. If you were qualified for EB2 as of Nov 2001 (you held a MS or had BS + 5 yrs as of Nov 2001, you should not have any problem with retaining the old priority date while filing under EB2). Ask your client to file Perm LC under EB2 & do the I140 using the Nov 2001 PD. Then join them.If you don't qualify, do in EB3. Dont join the client if they are not stable.. better to wait with your current employer under EB3 than go EB3 with an unstable employer and risk losing it all in the worst case scenario. If they really want you that badly, they will do this under premium processing and you could be in your current state with them in a matter of a couple of months.
vinay@ocean
06-08 11:52 PM
Hi all,
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
I have come to texas on a B1 to the client location. I stayed with my colleague who has a apartment here. When we left to office ( my first day ) .I made a mistake leaving my passport and others in apartment. .
I have applied and got a new passport .
I have applied for I-94 by filing I-102 . The processing dates are very slow for this . I only have a reciept of this and nothing.
I am leaving 3july next month...what need to be done....i dont even have a VISA.
And what needs to be done for B1 VISA.
I emailed the chennai US embassy but couldnt get any reply............
PLEAASE...HELP:(:confused:
yabadaba
06-25 02:16 PM
^^^
sorry for the bump...just trying to get a decent sample size
sorry for the bump...just trying to get a decent sample size
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