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virtual55
03-27 03:16 PM
Good Job! Next time we find out something like this, I would recommend sending an email about the information we found and request them to publish officially on their websites like immigration.com,immigration-law.com,http://bibdaily.com/index.cgi etc.
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saketkapur
08-18 06:22 PM
please pardon my ignorance but I was under the assumption that labor subsitution policy was discontinued by the USCIS on july 16 2007...........

please correct me if I am wrong or not reading the particulars of this case correctly.......
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Dhundhun
03-31 02:10 PM
I think getting salary regulary but salary slip after three or more months is common scenario in industry (deleberate attempt by employers, so that H1B transfer can't be filed). I have faced this music, my kid facing it and I am sure many people facing this.

I was lucky to go about it, USCIS did not ask at the time of transfer. Need to get idea, how others have handled it. Does bank statement work in this case?
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GCBy3000
07-09 10:05 AM
This is removed from dice now. :D
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ksam75
01-08 03:19 PM
Hi Gurus,

I have 2 pending I485's at Nebraska. I got EAD and AP from the first set, but nothing from the second set except the receipt notice. I'm traveling to India on my first set AP. Will I run into any problems at the port of entry since I have 2 sets of I485's pending? Any thoughts will be appreciated. Thank you.
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JuneBut2ndJuly
09-05 06:53 PM
Today employer sent mail checks cashed.waiting for receipts.

Jul 2nd Received by J Barrett at 10:25 AM at NSC

My I-140 was approved from TSC in Feb 2007
My PD is Jun 2003; EB2-India
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sands_14
10-21 02:39 PM
my wife's ssn is tuck because of no online update of her h1 approval.It still shows Pending & received 4months after approval letter received.
What can i do to expedite the process??
Please advise
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gonecrazyonh4
03-20 01:06 PM
Does Talent Bill provision for work authorisation for H1B Spouses mean H4's will be allowed to work?

http://immigrationpage.com/recentnews.php

Read below

The TALENT Bill For Employment - Based - Immigration

The American Immigration Lawyers Association is currently working as part of a coalition of corporations, universities, research institutions and trade associations to help fix problems in the employment-based immigration system. To this end, the coalition has written a stand-alone bill that would assist U.S. businesses in alleviating the specialty occupation worker shortage. Dubbed the "TALENT" bill, the proposal calls for Congress to "address numerous concerns in the employment-based immigration system that hinder the ability to attract, hire and retain the best talent the world has to offer, while facilitating retention of such individuals to create additional innovation and downstream jobs in the United States." Among a variety of other excellent provisions, the TALENT bill would:

* exempt U.S.-educated workers with advanced degrees from the H-1B cap and permit work authorization for spouses of H-1B workers
* create a market-based H-1B cap beginning with a base level of 115,000
* revise the current employment-based preference categories and exempt an expanded EB-1 group from the EB cap, exempt EB-2 from the labor certification requirement, eliminate per-country quotas

Recently, the text of the bill, was distributed to key Senators in the hope of finding a sponsor for the bill in full, or, short of this, incorporating significant portions of the bill into a new Comprehensive Immigration Reform package
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uma001
03-26 02:13 PM
90 K
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sertasheep
07-11 11:42 AM
NDTV wants to talk to members from New York from diverse nationalities. She already has one person lined up for a TV shoot today. This must happen today.

Prerequisites:
- Must have participated in flower campaign
- Must be in New York
- Must be from "diverse" nationalities

Details:

Sarah Jacob
Special Correspondent, NDTV.
172 Ludlow St, 3A
New York, NY 10002
646-280-6993
sarah AT ndtv.com
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iam_amit
04-22 06:31 PM
Members,

I have to file my H1b ext by sept 2009.

my i140 is awaiting approval.
what are chances of getting extension for next 3 years.

I am working with American Consulating firm and working with same client from day 1 of my US presence. Will continue with same client after ext.

does, I-140 Approval confirms H1b extension, then I can wait till Aug to file under premium process.

looks like by June, I should have mu I140 case decision.


kindly suggest.

-
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eb3_nepa
01-26 12:49 AM
Pappu,

DO you use IE6 or IE 7? I use IE 6.0 & I see this issue. Please send me ur email in a PM and I will email you the screen shots. On here you cannot upload attachments whose image sizes are greater than 800x600.
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JunRN
07-17 01:49 AM
So it means that if I-140 petition is filed on my behalf, if I renew my non-immigrant visa, it would be denied?
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fromnaija
05-19 10:44 AM
You might want to have your transcripts and/or mark sheet evaluated by an approved degree evaluation agency. They will be able to offer a professional opinion as to what your diploma is equivalent to.
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iv4gc
07-29 02:15 PM
permfiling,

A lot folks want to use AC21 but lawyers suggest not actually filing AC21.

So if I take the AC21 approach, but not file AC21 itself (I know this sounds a bit off kilter) wouldn't I be just fine (assuming of course job profiles from Company A & B are a comparable)?

I believe this is the tack Company B lawyer is suggesting.

Here's something I read on another lawyers website w.r.t. AC21:
1. Since GC is for future job you can use AC21 with a new employer if job profile is same. You do not ever, in past/present or future, have to work for the sponsor company.
2. AC21 notification to USCIS is not a MUST requirement. There is an 'expectation' that USCIS will be informed.


Thanks,
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brij523
02-18 11:42 AM
Anyone else!! Lets join to help ourself.
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fromnaija
11-17 03:07 PM
Hey Guys

I need your help on these issues. My labor certification was filed on October 25th 2006 and had it approved on 5th of November 2006.

Now my employer is ready to file the 1-140 together with 1-1485. My question is, I do not now whether my priority date is current for the filling of these forms.

Looking at the above filling date, can some one brief me on my likely priority date?

The other question is, even though my employer is taking the responsibilty of my filing process, I am paying all the expenses ( be it the Attorney fee as well as other additional fees are being borne by me).

When do you think will be appropriate for me to quit this job after my 1-140 and 1-1485 have been filed? Please advice me on this because my initially promised to pay for all the expenses but denied this after I have taken up the job.

Your priority date is the date your labor certification application was filed or the date you filed I-140 if your category does not require a labor certification.
So, in your case your PD is October 25, 2006. If you are EB1 or EB2 and not from India or China then I would say your priority date is current and you may file both I-140 and I-485 concurrently. Otherwise, you may file I-140 now and then file I-485 when your PD is current.

To find if your PD is current check the Visa Bulletin at http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

Using AC21 you may quit after your I-485 has been outstanding for more than 180 days. If you quit before then, you may have to restart your GC process.

***DISCLAIMER****
(I am not an attorney, please consult an immigration attorney or use advice at your own risk).
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nb_des
09-27 02:31 PM
According to Rajiv Khanna's web site PD can be ported without any other condition (except for fraud). I have seen several postings from other members saying the PD can be ported only when previous employer does not revoke petition which does not seem to be the case as per text below from FAQ in immigration.com

1. Can you please explain if priority dates can be transferred?
2. What If I-140 Is Denied?


A29 1. Sure. Here is the law:
CHANGING EMPLOYER BEFORE I-140 APPROVAL
If a person changes employers before obtaining I-140 approval, they can carry NOTHING forward to the next employer. They have to start their labor certification all over again with the new employer. There are some very limited exceptions to this rule (for example, in general, a change in employers requires a new application for certification by the new employer unless the same job opportunity and the same area of intended employment are preserved. International Contractors, Inc., and Technical Programming Services, Inc., 89-INA-278 (June 13, 1990). A change in employers does not necessitate a reapplication for certification where the alien is working in the exact same position, performing the same duties, and in the same area of intended employment for the same salary or wage). Neverthless, you can discuss your case specifically with your own lawyers. If you wish to get a second opinion from us, we expect a paid consultation.
2. That situation is legally the same as changing employers before I-140 employer.

CHANGING EMPLOYER AFTER I-140 APPROVAL
If a person has received an I-140 approval through an employer, the priority date then permanently belongs to him or her. Under very limited circumstances (such as fraud) INS may revoke the I-140 thus causing a loss of priority date.

If such a person changes employers, their priority date will remain the old one, even though they have to process their labor certification and I-140 again with the new employer. It does not matter where in USA the new job is located, what the new job title is or whether the new job falls under EB-2 or EB-3. The priority date is still transferable.

We recommend that an applicant keep at least a copy of the I-140 approval notice.
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vdlrao
11-11 11:38 AM
But No Assurance is there on this So far.
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theconfused
12-14 11:59 PM
Dear All

I will be thankful to you if i can get the responses from some folks who have gone through the situation like mine.

Here is the summary of my case -

1) Came to US in 2004 on F1 visa.
2) Got the job in 2006. Company A applied for H1B in 2007. Got H1B visa stamped on passport valid from September 2007 to September 2010.

3) Was laid off on 16th Novmeber 2007.

4) Company B applied for H1B petition on 21st December 2007 using regular processing. No pay check from company B.

5) Company C applied for H1B petition in March 2008 using premium processing. Comapny C applied based on A and not based on B.

6) Company C's petition got approved but with I 797 B. No I - 94 attached. Attorney asked me to leave the country and come back with a new I 94 as i have an almost brand new visa. I did so. And started working with Company C. Meanwhile, company B's petition was approved in May 2008 without Adjustment of Status (means no I 94 attached only I 797 B)

7) Worked with company C from April 2008 to September 2008. Although, no pay check from 16th November 2007 to 1 April 2008 because company B did not provide any.

8) Got the job with company D. Company D applied for H1B petition and it was approved with I 94 attached ( means I 797A).

Now 2010 is coming and my visa will expire in September 2010.

I want to go to India to get the H1B stamp on my passport with the current employer's I 797 (which is employer D).

I do not have any documentation from Company B except receipt number for H1B petition. I do not have any pay check from company B.

I have paycheck from 1st April 2008 to 31 September 2008 from Company C and 1st October 2008 to till date from Company D.

Will i face problem during visa interview?

I am thankful to your comments and suggestions.

Thanks
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authrd
07-26 02:13 PM
assuming you don't have all your I-94s and I797s,

having W-2s/paystubs for all the years is enough to prove that you have always been in status?
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