SlipperyGC
05-09 03:00 PM
Thanks
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engineer
10-30 07:42 PM
(bump /\)
(bump /\)
(bump /\)
eilsoe
10-20 02:33 PM
YipYip! :P
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mheggade
07-25 01:47 PM
add August to this poll
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imhrb
01-06 07:24 PM
I have called them many times and did everything possible.
priderock
05-08 04:40 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I don't think there is any hard and fast rule. But you need at least a couple of pay stubs to show that you worked for this company. I am not a lawyer , seek professional help when in doubt.
more...
kumarc123
08-26 10:11 AM
Hi All,
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
I am here in US on a H1B and my wife is on a H4. She recently got admission to a graduate school and has to start next week. I am worried that if I get her COS for the next semester (this is a 1 year program), then woud she be eligible to get her OPT at the end of the program? She would have been on a F1 for less than a year, but would have completed the Master's program.
I tried to get more information, but what I saw was that the OPT eligiblility requirement is atleast 1 full academic year on F1. Is this correct?
Help is greatly appreciated.
I am in the similar boat, don't worry your wife can always take etc classes as electives, and complete her one year. You can always pick etc classes, and make sure you remain in legal F1 visa status.
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gc_chahiye
06-28 03:17 AM
even if he goes back to A, these intervening 3 months might be dicey. His status cant be on B's H1 since that was denied, and it cant be on A's H1 since A is not paying him in these three months.
more...
gc_chahiye
02-08 01:09 PM
This is wrong. If you go out of USA and come back after a gap of 1 year, then only u will get full 6 years. Other wise whatever your status is ( as L1, B1 etc ) that will count into H1 period
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
As far as I know B1 wont count against H1 time, though L1 will.
L2 and H4 used to count, but they were decoupled at the end of 2006, and time spent in those status dont count against your H1.
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hariswaminathan
10-04 01:02 PM
Hi,
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
I have been on h1 for 7 yrs in the US and i am leaving back to my home country (India) as it is expiring this month. I plan to come back and start working for my current company next yr.
Now can they Process my new H1 in April next yr(6 months from now) or they have to wait till OCT 2007 to process my new h1. I am afraid the next yr quota will be over if they have to wait till OCT.
Here is what you could do:
1. Get a good immigration attorney
2. Recoup all the lost time on H1-B for time spent abroad in the last 7 years. Most attorneys can recover at least 4-6 months of time - this will alllow you to stay in the US for another 4-6 months
3. Use the time to find a substitute labor (either with present or new company) and file for I-140. Use premium processing for I-140.
4. Your Labor sub and I-140 should clear within the timeframe that you remain in the US - and then you can renew your H1-B for 3 year increments.
The reason i give the above solution is that - your New H1-B will only be valid after Oct 2007 - you can apply for it in April 2007 but you cannot use it until Oct. If you are really keen to stay in India for that long then obviously its ok, but you need to be sure your company will still remember you in Oct 2007 - otherwise i would suggest the alternative approach above to remain in the US.
more...
whitecollarslave
01-17 11:14 PM
Not normal, but what about I140 approval?. It is part of that and must be there. Did you apply I140 and I485 togther? If yes, it may be missing because of processing backlogs.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
I did not apply together. 140 was approved in May 2006. 140 does have the Priority Date but in the 485 Receipt Notice the Priority Date field is blank. I applied for 485 in July 2007.
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gc_chahiye
10-27 01:54 AM
I believe you have to be in the US when your 140 is applied. Same goes for 485. Check with your lawyer. Once 140 or 485 is applied, you can travel outside.
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
For 485 you do indeed need to be in the US (for yoiu adjust status, you need to be in some status in the US). However for I-140 you need not be in the US. Can you point to any law or any link on any forum that says you need to be present for filing the I-140?
The complete GC process can be done without ever entering the US (do LC, file I-140, then do Consular processing for the final stage)
more...
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Swati Solanki
10-12 08:34 PM
No news yet!:(
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prasadn
12-17 03:20 PM
My current status is H1B with I-140 approved. I am planning for a fulltime MBA for which I have to transfer my visa to student visa. I heard from some sources that I cannot transfer to student visa when my 140 is approved. Does anyone here knows how far this is true?
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
Sandy
I hope you do understand that once you change status to F-1, you essentially are losing your priority date and your GC application. Also, you will not be able to get a F-1 visa stamp on your passport as you cannot prove that you don't have an intention to immigrate (because you already had applied for and got an I-140 approved).
Thanks,
Prasad
more...
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roseball
02-09 08:44 PM
My passport is expiring in March. I live in NY metro . Does anyone knows the procedure to renew the passport while in the USA. Please share your experience.
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
You can go to this website and get all the needed info....
http://www.indiacgny.org/
Also, there were atleast 2 threads discussing PP renewals..You can do a search for those threads for renewal timelines...I think it takes them 2-3 weeks in NY Consulate to mail the new passport....You can go for tatkal service and get it issued the same day if you pay $90 extra....
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snathan
05-16 12:32 PM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
more...
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Maverick_2008
04-15 08:12 AM
That's outrageous. I'm guessing it has been pending at the TSC. Did you call them? Could you please let us know what their response was?
Thanks and all the best.
Maverick_2008
I sent in my application on 6/29 and I am yet to hear from USCIS.
Thanks and all the best.
Maverick_2008
I sent in my application on 6/29 and I am yet to hear from USCIS.
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Blog Feeds
08-12 09:50 AM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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anishNewbie
09-02 02:41 PM
Hey guys,
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
I am new to all this completely. So please do help me out. I am sorry if it is a repost..
My Qualification:
Bachelor's Degree in Computer Eng
Masters Degree in Computer Science
Nationality: India
Experience: 6 months (don't have docs to prove it though now..)
I would like to file my GC under EB2.
As per my little internet knowledge, is it true that for base requirements under EB2 are - MS + 0 years exp (Please correct me if i am wrong here)
I know one has to also prove that the job requires a MS degree ?? How can a lawyer suffice that requirement ?? Does 1 have to specify all latest hi-fi technologies for that ??
Are the other requirements of applying under EB2 ??
So to apply under EB2 one should belong to O*Net� JobZone 5, since i am comp eng/software developer i belong to category of O*Net� JobZone 4.
So for applying EB2 under O*Net� JobZone 4, do i have to show some experience related to that field/job ?? (Really confused about this one)
So say for example, I would be applying under :
OES/SOC Title: Computer Software Engineers, Applications
Level 1 Wage: $30.42 hour - $63,274 year
Level 2 Wage: $37.60 hour - $78,208 year
Level 3 Wage: $44.79 hour - $93,163 year
Level 4 Wage: $51.97 hour - $108,098 year
GeoLevel: 1
15-1031.00 Computer Software Engineers, Applications
Develop, create, and modify general computer applications software or specialized utility programs. Analyze user needs and develop software solutions. Design software or customize software for client use with the aim of optimizing operational efficiency. May analyze and design databases within an application area, working individually or coordinating database development as part of a team.
O*Net� JobZone: 4
Education & Training Code: 5-Bachelor's degree
So when i apply under JobZone 4(looks like it is a Bachelors degree level zone) for EB2, what should be my minimum level of wage as per PWD?
I heard it should be a minimum of level 2, is it true ????????
cygent
06-15 02:55 PM
Hi Folks,
It is crunch time! Since PD are current, many folks have only until June 30th to extend H1 visa for 3 yr. extension. So only 15 days left!
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere. Please also state when was the timeframe you applied/for it approved (day/month/year)
Thanks & Regards!
It is crunch time! Since PD are current, many folks have only until June 30th to extend H1 visa for 3 yr. extension. So only 15 days left!
How much time has it taken for members to get 140 approved though PP? I value your feedback, or pls. point me to a poll/data elsewhere. Please also state when was the timeframe you applied/for it approved (day/month/year)
Thanks & Regards!
optimist578
04-20 03:11 PM
Hi,
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
I have my I-140 application (regular) still pending with USCIS when I got laid off. I don't stand a chance of asking my ex-employer to file a premium processing I-140, who has already agreed not to revoke anything.
Now I am looking for a new employer who will be willing to sponsor my H1B and GC. Has anybody experienced such a situation?
I am on my 9th year of H1B with PD Mar 2003 (EB3).
Thanks.
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