amyleu
06-18 12:50 PM
I filed the Labor Certification since September, 07 and got audited in November, 07. The response was sent to DOL in November, 07. I have not heard anything since then. Also, my H1B visa expired in the early of May, 08. I left US on April 28, 08. I�m very frustrated and depressed, and the lawyer is very unhelpful. I got questions as follows:
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
1) Should I refile the Labor Certification with my current employer in the new position? How about the audit? Should I request to DOL to withdraw the application first and refile the new one? Will my PD be changed according to the new filing date?
2) What would be the best way about H1B visa? I was out of US for one and a half month during these 6 years of H1B period. I heard that the vacation can be recapped, and I will be able to go back to US in the mid of July, 08 due to the pending PERM application for 365 days. In this case, should I start filing the H1B recapture with the H1 Extension now since my application will be pending for a year by the mid of July, 08 (include one and a half month times out of US). Otherwise, should I wait and start the application in the mid of July, 08?
3) If my Labor Certification is pending again till the end of one year extension (in the case of getting the approval on one year extension), do I have to leave US again?
4) I wonder if I should wait outside US for a year until the early of May, 09. Then, reapply the new 6 year- H1B visa again. Can my current employer do that for me? Would it be the better option comparing to the H1B recapture and H1B extension? In the case of starting the new application, when should I start the application? I heard the new H1B cap usually starts around the early of April and will be filled up within a couple days. Also, I have to wait for one year prior to applying for a new H1B, counting the day that my visa expired. So, does it mean that I have to wait till the early of May, 09 to be eligible to send the H1B application since the application will be rejected from USCIS in the case of submitting it prior to the early of May, 09 (one year rule)? Will the cap be filled up by then and what will I do?
Anybody, please advise. Thank you very much.
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loudoggs
10-27 12:16 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.
pappu
04-06 09:53 PM
Did anyone send her an email yet. Please do if you have not. We need more media visibility for our issues.
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agiridhar
05-14 08:23 AM
When the tech companies/competeamerica.org are bragging that retrogression is anti competitive and severely constraining the growth of the techies/employees, why can�t an antitrust lawsuit stand good in US courts?
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
Can somebody shed more light on this and explain why any lawsuit wont work against retrogression and/or for issue of EAD after I-140 approval, when retrogression is anti-competitive.
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thesparky007
04-24 05:36 PM
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martinvisalaw
06-15 05:07 PM
I hope this helps
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chirag1211
09-24 03:41 PM
Hi,
I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.
Can anyone put some light to this sitaution.
Thanks,
Chirag
I am as well on the same boat. My H1 is getting expired on Sep 2010. My Company is ready to file a GC. But can't convince them to file in EB2 category. Also looking at the backlogs don't know if its the good time to start the GC process.
Can anyone put some light to this sitaution.
Thanks,
Chirag
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satishku_2000
06-13 10:58 PM
depends on your PD?
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ras
01-02 03:39 PM
Any suggestions plz....
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piyu7444
05-05 11:27 PM
Employer can revoke 140 but as 180 days have passed you will have to demonstrate to USCIS that your 140 would have been approved with the new company if it was filed. That is somewhat not very straightforward so my suggestion is that you should take your employer in confidence so that 140 is not revoked......
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
AC21 - Job title can be different but job duties have to be similar. Similar duties are a MUST to avoid any issues with AOS.......also you dont have to inform USCIS that you changed your employer........there are pros and cons of it but what I have seen is that most people do not infrom USCIS......when USCIS comes to a point that they will adjust your status they might check with you if you are working with same employer and issue a RFE which you can respond to easily with the help of an attorney (just hv to make sure that job duties are similar and the new employer will issue you a letter which will prove it)
Make sure that you talk to HR and your manager if you take up a new job to acertain that job duties match, run both job descriptions by your attorney......better to take precaution than to be sorry.
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gc_lover
06-22 12:30 PM
should this be in color or B/W ?
B/W would do it.
B/W would do it.
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nid
06-13 10:15 AM
Thanks!
What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?
What are the other ways to accept the payment other than 1099 for the 2nd job on EAD?
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newuser
10-07 03:52 PM
Thanks for the info.
Any info if the last name is not the same of that my uncle's.
Any info if the last name is not the same of that my uncle's.
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vin13
03-23 10:00 AM
If your new employer is processing a H1 then you do not need EAD to initiate AC 21.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
If the new employer is not processing a H1 then you would need to show your new employer the EAD inorder to start working for them. You say that you have the A# but do you also know the start and end date for the EAD? Your new employer needs to have all these to fill the I-9 form. YOU MAY BE ABLE TO BUY UPTO 90 DAYS TO SHOW THE EAD. READ THE INSTRUCTIONS FOR THE I-9 FORM. I HAVE ATTACHED A PORTION OF IT FOR YOUR REFERENCE.
READ THE I-9, EMPLOYMENT ELIGIBILITY VERIFICATION.
Employers must complete Section 2 by examining evidence of identity and employment eligibility within three (3) business days of the date employment begins. If employees are authorized to work, but are unable to present the required document(s) within three business days, they must present a receipt for the application of the document(s) within three business days and the actual document(s) within ninety (90) days.
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admin
02-26 07:15 PM
Thanks to all the enthusiastic members who attended the call today(Feb 26th). The number of people who attended the call were far more than what we had expected. We hope you are now more convinced about Immigration Voice and it's cause.
As explained in the call, we do need more people to come forward and help us in many of the teams that we have. If you would like to work in any of the following teams, please send an email to the email id listed next to it.
1) Membership - jay@immigrationvoice.org
2) Meet the lawmakers - pratik@immigrationvoice.org , anurag@immigrationvoice.org
3) Publicity & Media - sunil@immigrationvoice.org
4) Liaison - aman@immigrationvoice.org , shilpa@immigrationvoice.org
Given the response that we had today, we will try to make this as a regular feature of Immigration Voice. And definitely with a better conference calling system.
Please let us know of your feedback here about the call and Thanks once again.
As explained in the call, we do need more people to come forward and help us in many of the teams that we have. If you would like to work in any of the following teams, please send an email to the email id listed next to it.
1) Membership - jay@immigrationvoice.org
2) Meet the lawmakers - pratik@immigrationvoice.org , anurag@immigrationvoice.org
3) Publicity & Media - sunil@immigrationvoice.org
4) Liaison - aman@immigrationvoice.org , shilpa@immigrationvoice.org
Given the response that we had today, we will try to make this as a regular feature of Immigration Voice. And definitely with a better conference calling system.
Please let us know of your feedback here about the call and Thanks once again.
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sidbee
04-23 11:55 AM
I have my PD as Nov 2007 on EB3 , and i dont know how much patient i would be for my GC.
Can somebody guide me with the PR process for Canada,
I am Computer Engineer with H1, and i need the requirements for Canada PR,
eg , Do i need TOEFL or IELTS ? Do i need a Job Offer there? My Dads cousin brother is in Toronto, Do i get ant benefits (as it would be tough to prove the relationship)
Any help would be appreciated..
Can somebody guide me with the PR process for Canada,
I am Computer Engineer with H1, and i need the requirements for Canada PR,
eg , Do i need TOEFL or IELTS ? Do i need a Job Offer there? My Dads cousin brother is in Toronto, Do i get ant benefits (as it would be tough to prove the relationship)
Any help would be appreciated..
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snathan
02-28 11:35 PM
For tax purposes you are resident of state where you reside. For best opinion you can check with the international students center at your school. It is not illegal to attend classes online if your school allows you the option. Again for best advise contact international center they are supposed to guide you to keep your status legal.
What about TVU case?
What about TVU case?
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continuedProgress
12-27 11:17 AM
- what documentation is required to be submitted to the USCIS about the new job.
Employment letter along with AC21 letter.
- What kind of documentation is required from the employer vs myself
All you need from employer is employment letter.
- When/how soon has this documentation is to be submitted
I am not aware of any deadlines.
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
Check 765 application form instructions on uscis.gov for both above.
- Is it advisable to employ the services of an attorney if we run into issues.
Sure, based on your questions above - an attorney may be useful to you. They can tell you what docs you need, where to get those from and to apply for renewals.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Based on what you have told so far, doesn't seem like those endanger anything.
Employment letter along with AC21 letter.
- What kind of documentation is required from the employer vs myself
All you need from employer is employment letter.
- When/how soon has this documentation is to be submitted
I am not aware of any deadlines.
- When do i need to apply for my renewal of my EAD card
- What documentation is required to be submitted for the EAD renewal from employer vs myself
Check 765 application form instructions on uscis.gov for both above.
- Is it advisable to employ the services of an attorney if we run into issues.
Sure, based on your questions above - an attorney may be useful to you. They can tell you what docs you need, where to get those from and to apply for renewals.
- I worked on similar job for very short stints in between, but it was for a few weeks, does it endanger my case in anyway.
Based on what you have told so far, doesn't seem like those endanger anything.
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visa_reval
06-22 06:31 PM
You can definately get a 1 year extension based on the fact that your labor is approved and is more that 365 days before your h1, 6 year limit ended. You can also port your I-140 PD if you have a copy of the I-140. This you can do when you file for I-140 with the new company. With regards to a 3 year extension with the new company "Y", there is no clear ruling on this. But you can try for a 3 year extension, and you might get it if you are lucky ( I've read that people were able to get it).
Please check with a good attorney like Rajiv or Murthy.
Please check with a good attorney like Rajiv or Murthy.
Get_GC
10-08 02:18 PM
Still Waiting for AP. EAD Approved.Waiting for Cards.
Filed on July 2nd NSC.
Filed on July 2nd NSC.
srikondoji
04-11 09:37 PM
Why are they in trouble?
They should be happy instead. Let me know...
if that is true. then some ppl i know are in trouble. Where did you find this information....
They should be happy instead. Let me know...
if that is true. then some ppl i know are in trouble. Where did you find this information....
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