eastindia
12-30 02:23 PM
It does not look good. Has been oral arguments for some time now.
Any updates? Did they move forward from the oral
Any updates? Did they move forward from the oral
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jonty_11
12-05 02:32 PM
Yes, you have to have expereince as of PD. As for the Risk - its all yours to take.
snathan
02-21 07:32 PM
You can still get a 1 year extension claiming that your PERM application is still pending. It all depends on the officer that the decision has not been made on PERM application.
The PERM is already denied and you can not get the extension based on the denied PERM.
The PERM is already denied and you can not get the extension based on the denied PERM.
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unchew
06-06 11:52 PM
Ok, i'll do that tomorrow... and will leave just one square so that it is ALONE.
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prioritydate
08-21 09:37 PM
First time a post made absolutely no sense to me!:eek:
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loku
08-16 08:03 PM
I was on H-1 and got laid off on July 23. I filed for COS to H4 online on the same day and got the electronic receipt the same day. As I had filed I-539 after work hours, the receipt shows that USCIS received my application on July 26 instead of 23. I got the paper receipt in next 3 days. I hope this will not create any problems as my employer sent notification to USCIS on July 31 and I received my last paystub on July 31 though it was only till July 23. I have been working in US with good status for last 5 years.
Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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Now I have some questions. Any help is greatly appreciated:
1) I recently got two Job offers from different consulting firms. When I told them that my H4 status is still pending, their attorneys told me conflicting things.
- One employer's attorney said that I have to wait till my H4 is approved and only then they could apply for my H1. At this time I have not status and they cannot file my H1.
- The other employer's attorney said that I could apply for H1 while my H4 is still pending by giving pending petition reference in the new H1 application. This will let USCIS adjudicate both the pending status together and there will be no problem for my H1.
Which one of them is correct ? What are the risks involved if I go with the advice of second attorney? Is there a possibility that filing H1 increases the chances the both my H4 and H1 applications are rejected and I could be OOS ?
2) Second question is that the second employer wants me to start immediately after I get H1 receipt. Am I eligible to work on a receipt with my situation or do I need to wait for the complete approval ? What if I get an RFE ? As this is a consulting firm, they have work order from end client for only 3 months and it will be renewed after every 3 months. Will this 3 month work order will create any problems ?
3) What is my current status ? Will the current time while H4 is pending will be counted against H1 or H4 ? As I have only a little over year left in my H1, it is important for me to know how much valid time I have left for H1. This processing time could go in months if I get an RFE.
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snarla
06-29 08:46 AM
First renew your passport as soon as possible.
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
After that go to your local CBP office and request for I-94 update by showing your approved H1B petetion. If you are lucky, the CBP official might correct your I-94.
If not, apply for your H1B extension bfr your I-94 expires( a month bfr will do) as you can file for H1B extension six months bfr the current one expires ...
Good Luck ...
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rajeevkaza
04-09 12:40 PM
If your 140 is approved and you are applying for extension you will get 3yrs extension for your H1B if not you get only 1yr extension. So wait for one more month from now to see if you get ur 140 cleared. Pls provide more details when n where did u apply ur 140 for us to give u better suggestion, but yes you can apply H1B extension based on ur pending 140 petetion.
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amitga
02-27 01:36 PM
No wonder you joined IV today.
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
Guys,
how far do u think the PD will advance id the DOL hopefully eliminates all backlog by 2007?
DO u think the PD will move forward by months,years?any Ideas?
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Alien
03-17 04:57 PM
but but you will still need to wait for 9+ months to get your new 140 approved right?
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pmb76
08-26 12:55 AM
They call EB appointments E2, E3 etc
There are some E2 appointments in the Aug .pdf but not the September.
There are some E2 appointments in the Aug .pdf but not the September.
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jthomas
05-15 01:20 AM
If you are in Eb1 you should get your GC soon.
If your profile is incorrect please correct it.
If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation
J Thomas
If your profile is incorrect please correct it.
If you have a EAD and AP, AP is allowed for emergency. With a GC you an file a form for extended vacation
J Thomas
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jackhardy
02-09 09:32 AM
The next set of people who decide to write to the President should send him flowers as well. Also there is a DC based org called SAALT who wants to hear our stories + struggles and working to effect policy change on a national level.
Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)
Lets participate in this too.
Tell Us Your Immigration Story (http://www.saalt.org/pages/Tell-Us-Your-Immigration-Story.html)
Lets participate in this too.
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maneris
04-07 03:20 PM
What abt Medical RFEs ? Are they sent only when your dates are current ?
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Blog Feeds
07-20 04:00 PM
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. As of 07/16/10, USCIS receipted 30,154 petitions, toward the 47,000 beneficiaries target for the second half of the fiscal year. This count includes 28,539 approved and 1,615 pending petitions.
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
There is a statutory numerical limit, or �cap,� on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no �carry over� of unused H-2B numbers from one fiscal year to the next.
The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:
* Recurring seasonal need;
* Intermittent need;
* Peak-load need; and
* One time occurrence.
The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers. The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.
More... (http://www.visalawyerblog.com/2010/07/san_diego_immigration_attorney_28.html)
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martinvisalaw
03-23 09:12 AM
Hi Elaine, I have a similar issue. I work for a consulting company, the company headquarter is town A (the same with LCA location) and I have been working for client in town B since several years ago. I have asked my employer whether I need to get an H1B amendment, my employer said since town A and B belong to the same metropolitan statistics area and are within commutable distance (9 miles), there's no need to do amendment. Should I be worried with the new memo coming out?
You should be OK if the two locations are within the same MSA.
You should be OK if the two locations are within the same MSA.
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kirupa
04-08 02:19 AM
it's ok - I already changed the stamp template for all of the entries that have been submitted: http://www.kirupa.com/lab/kirupaStamps.htm It wouldn't be fair for me to give you guys more work because of a slight oversight on my part ;)
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panky72
07-20 10:33 PM
Hi
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
PCP should be ok. Make sure you get a letter from your PCP after the completion of treatment.
Can someone let me know if we can go a PCP and take medication for INH for 9 months for a positive skin test and negative x-ray.
Or it is a rule that we need to go only to local county health dept.
-Rao.
PCP should be ok. Make sure you get a letter from your PCP after the completion of treatment.
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cooler
08-30 09:23 AM
After a long journey on several non immigrant visa's my GC finally got approved. The questions that I would like to throw out for the group to think on is regarding the period for which one has to keep all the H1/H4 approval notices and supporting documents?
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
In my case, I have been here for 10 years and have a 15 pound folder that has all the approval notices (I-797) and supporting documents (copies of I-129, transcripts, everything under the sun)
I would hate to have to carry this for the rest of my life.
Lawyers - Your legal opinion would provide relief to my aching shoulders :)
kirupa
05-27 03:14 PM
Added the second one up!
a_paradkar
08-05 12:43 PM
My lawyer sent my wife EAD renewal papers to VSC.
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????
Our cases at at TSC presently. I asked him to sent it to TSC but he said since the original EAD / AP were approved by VSC the renewal has to also go to VSC.
I am not sure what is going to happen. I have not seen my cheques cashed nor have received the package back?
FedEx trackinh number says it was received at VSC on July 10.
Can anybody shed some light whats going to happen next ?????