kumaabh
01-21 06:09 PM
I think you cant work internationally and invoke AC21. It doesnt make any sense. However, you can work internationally without invoking AC21 and still keep the GC process alive, because GC is for a future position.
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abc
06-07 05:53 PM
Can anyone tell when will EB3 India crossover to May 2001 from April 2001 without any new law.
kevnss
04-01 12:36 PM
Any help would be greately appreciated.
2011 Oh my god Zach, I love you :D
pranju
08-08 11:10 AM
bump
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rbalaji5
04-02 08:46 PM
Hi Gurus,
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
Here is my situation. Have H1B expiring on June 2008. Planning to Renew. I-140 approved last Month. I485 applied and pending for more than 180 days. Have EAD, AP.
Now - I am planning to switch to another job for Title , Hike. Not happy with the current company.
I have the following question :
1) If I switch,what will happen to my I-485 / I-140. do I need to reapply ? . do I lost my priority date.
2) If I go to India, what will happen to My 485/140. Can I change AOS to consular processing.
Please advise.
ckpas
09-23 03:19 PM
Need some help/advice on PERM LC issue:
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
My employer has filed PERM LC (PD Sep 2008) in EB2 (Job Description: Masters OR Bachelors with 5 Yrs experience),
On may'09 got a query saying "Discrepency in Alien education and experience".
Stating: Alien workerer possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice.
my employer appealed saying: " H.4 in ETA does indicate masters deg. is the minimum requirement for the position and there is however no mention made of 5 yrs of exp. this appears in 8.A and 8.C as an alternate education and experience and therefore not related to the minimum requiremnt for the position"
Another mistake (which I don't know if its from PERM ior my employer) is even though i have more than 10 yrs of experience the reason for denial as you can see above says "Alien worker possessed Masters Degree and 16 months of experience where as the minimum job requirements set ETA form (H8 and H10)specified Masters and 5 yrs of experice."
thanks in advance, appreciate comments
UPDATE : After the appeal sent by my employer, my PERM case shows status as "in-process". Does it mean it will fall under usual processing times ? Can I expect a response in the coming months ? Please let me know.
more...
rayoflight
02-06 09:39 PM
Wait there is one more thing he needs to check if it single entry or multiple entry.
Entries: S (Single) or M (Multiple)
Since its a 10 Yr Visa it would be a M entry but no harm in double checking it right.
Entries: S (Single) or M (Multiple)
Since its a 10 Yr Visa it would be a M entry but no harm in double checking it right.
2010 Autism Awareness I Love You
Biking
05-24 12:22 PM
I wish nobody answers your question even if they knew. How does your question relate to your thread heading?? It is really bad when people start posting catching headings and then post something that is not at all connected.
Thank you very much for catching this....
Thank you very much for catching this....
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Blog Feeds
03-31 12:40 PM
We are very busy these days trying to beat the H1B (http://www.h1b.biz/lawyer-attorney-1137085.html) rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver.
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
Here are some tips that may help our last minute filers. The issue today is a degree that has not yet been awarded. In the past, the USCIS has approved H-1B petitions (http://www.h1b.biz/lawyer-attorney-1137085.html)for aliens seeking one of the 20,000 H-1B visas available to aliens who have earned master�s or higher degrees from U.S. institutions of higher education, where the alien has completed all requirements for the degree, and hence, has �earned� the degree, but the degree has not been conferred.
There is no reason to believe that USCIS will not continue that practice, so long as there is evidence that the alien has completed all requirements from an official at the educational institution qualified to provide that information. In the past, satisfactory evidence often was in the form of a letter from an official such as a Dean, Registrar, or department head, stating that all requirements have been satisfied and that the alien is simply waiting for the ceremonial conferral of the degree.
Be wary of letters prepared by unauthorized employees at the school stating that the student has completed all requirements toward a master�s degree, when in fact there are still examinations or papers to complete. USCIS is likely to question a letter that comes from a lower-level employee of the university. Be mindful also that use of such documentation when the student has not completed the program may be considered fraud. Also, use of such a document may result in the loss of the client�s chance at a slot in the U.S. master�s graduate quota since the petition likely would be denied on the basis of ineligibility at the time of filing.
More tips in later posts, good luck filing the H1's tomorrow.
More... (http://www.visalawyerblog.com/2010/03/h1b_visa_lawyer_last_minute_fi.html)
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visa_reval
03-14 03:01 PM
You are right, I am in my 7th year. Thanks for the quick reply.
more...
raj3078
05-09 01:18 PM
And we might be in the final edited version (very good chance) for a few minutes
Great news
Great news
hot THE LOVE YOU TAKE IS EQUAL
donsimahajan
06-22 09:27 AM
totally agreed.
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abhishek101
02-08 11:44 AM
Yes you can using your I140, should not be any issue. Ask your attorney to do the paperwork, it should be straightforward.
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pibeeneri
12-20 05:44 PM
And yes I Have The Lin Number... The Officer Told Us By Phone...
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pictures I Love You), and Zach
TheCanadian
04-16 10:49 AM
Means you two have and 86% chance of makin' bacon.
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sac-r-ten
03-16 05:03 PM
h1bjava, why are you so much worried about denial. why are you thinking so -ve to start with.
I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.
I am not sure whether its true/law/rule, but my employer's general counsel informed me that i can do it 3 months ahead of the expiration.
To answer your red flag, i don't know. You must talk to your employer/lawyer about the possible "6month ahead plan" of applying the h1b ext.
more...
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kirupa
01-17 03:21 AM
Charleh - do you have a small example that shows that? The animation should play regardless of what size its parent control is.
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insbaby
03-31 05:36 PM
I have received an RFE on my I-485 application to provide a copy of birth certificate. However, I have submitted the birth certificate and affidavits from my parents when I filed for I-485.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
I am from India. Since the name is put after few months of birth, my name is not present in the birth certificate. I am not sure if the RFE is due to this. But all the (or most) people from India would be in the same zone, right (not having name in birth certificate) ?
Is anyone in the same situation as me ? What kind of documents have you submitted for the birth certificate requirement ?
Here is my RFE
==========
The documentation submitted is not sufficient to warrant favorable consideration of your petetion/application.
....
Submit a copy of your birth certificate showing your parentage, which has been registered with the proper civil authorities of the country of your birth.
You said, you have a birth certificate without name. I guess, you can apply to local birth certificate issuing agency and get a new one with name. If the birth is registered properly (in your case, it is as you have the certificate), it seems possible.
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dummgelauft
10-30 12:00 PM
Let that Champagne sit in the chiller for while. These numbers are a blip on the RADAR. Don;t expect some real job creation 'tll 2011 (or later). The private sector has to start spending and creating wealth. Government spending never causes any growth. We have all seen what Indian economy was like, in early 1990's and before that, with Government runnig it.
Key to robust growth is a healthy private sector.
Key to robust growth is a healthy private sector.
mbartosik
04-08 04:40 PM
If we were able to get the 3 year visa rather than 1 year extensions, then the main problem that the BEC give us in a practical sense is that if we change jobs we loss our priority dates.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
So while the slow processing is an administration issue, the law could allow for priority dates to be kept something like this:
"If a labor application has been pending for longer than [some time] then as of [some date], the applicant immigrant is able to keep the priority date of the original labor application whether or not the application is later withdrawn or disapproved."
This in combination with 3 year extensions would give people freedom to either refile for PERM with same employer or move jobs and file for PERM with a new employer.
----
Another solution would be to allow DoL to accept a large fee for premium processing. Making the fee large would have the effect of not too many using it and thus not overwhelming DoL, but it also might generate sufficient income to apply more resources to the remaining outstanding applications, and benefiting all while being practical.
----
Please comment.
Becks
03-29 05:30 PM
They would have verified PIMS while giving your wife the H4. But they will again verify with PIMS as one of the steps to issue the H1 visa. I dont think they will bypass it.
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