glus
02-24 12:20 PM
I filed my labor three years ago with a requirement of BS + a minimum of a one year experience (I had 4 years of US experience and 6 ys experience abroad at that time -feb 2005-).
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
Now that I filed I-485 more than 180 days ago and I have a job offer that pays double of what is mentioned in the Labor (which the lawyer said is not a problem) , I still have an issue and is the following: in the description mentions as requirement "BS + minimum of 5 ys experience".
My lawyer said that although I have been in U.S. working with same position and same job title for 7 ys, that to be same or similar they should require similar experience than what was required at the moment my labor was filed: ie, BS + not more than 2 years experience,... Is this true? Did anyone experience this? The employer is a big corporation and cannot change that the job description to match the minimum years of experience. The duties are 90% similar and the job title is exactly the same.
The lawyer said that after labor was filed three years ago, that we could not count from that moment on an increased experience, with that I mean the minimum years of experience of the job in 2005 was 1 (although my resume on my labor showed 10 ys of experience) and he said that we cannot say that in 2005 was a minimun one year so you could gain experience on the job and convert it into a job with a minimumn of 4 years being same or similar). HE said that the experience clock was stopped on the labor filing date ie I cannot increase the minimun experience to make a job same or similar.
Did anyone hear anything similar?
Thanks and have a great weekend!
OK, this could be a problem at the time of I485 approval. You can change a job to same or similar. If you salary is double, an IO can think that this can't possibly be "same or similar" job. Also, if the experience required for the new position is so much different, that could also raise doubts. I would suggest getting a 2nd lawyer's opinion. I remember reading memo stating that if there is a "marginal change" in salary or requirements, a job cannot be classified as similar or same, which is required to invoke Ac21.
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kaisersose
05-08 02:53 PM
05/08/2008: Fashion Model Nonimmigrant Visa Reclassification and Relief Legislation Inching Ahead - 05/08/2008 Mark-Up
* Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.
My opinion:
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
* Currently, foreign fashion models come to work in the U.S. under the nonimmigrant visa classification of H-1B. A legislative bill , H.R. 4080, was introduced last December in the House to reclassify the visa classification from H-1B to P visas for artists and athlets. This morning, the House Judiciary Immigration Subcommittee is scheduled to debate 9:30 a.m. on this bill and it is expected that this bill will move ahead to the House floor. For the full text of the bill, please click the bill number.
My opinion:
Well, can the Java Programmer walk the ramp and pull it off like a professional model? Their work is a lot harder than it appears on the outside taking into account the success rate among models. Considering that even school kids can write excellent java programs, if we still want to consider the Java programmer as "highly skilled", then so are models.
Giselle Bundchen is worth half a billion dollars or somewhere in that range.
Btw, I am in the programming line myself in case someone thinks I have a problem with programmers. But I wouldn't mind swapping places with a successful model ;)
wandmaker
10-29 12:43 PM
If a person on H4 applies for EAD, does it mean his/her H4 is no longer active. And now, he needs to carry AP while traveling?
Please help...
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
Please help...
Applying for EAD does not invalidate your H4 status. If you travel outside USA without AP and you don't have a valid H4 stamp on your passport, It is considered abandoning your AOS. Hope this helps.
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ultrasparc
09-01 08:13 PM
My PD is in Apr 2002, EB3. I filed for EAD renewal on Jun 23 2008. Got approval on Aug 13 2008. got EAD for 1 year in mail instead of 2 year.
I called USCIS they told me use EAD and file new I9 form with employer based on this 1 year EAD. Then re-file new I765 form with USCIS with cover letter explaining why I should get two year EAD; plus send orginal EAD back. if USCIS find any error on their side they will correct it and send new EAD cards.
I am scared to send orignal EAD back.. just in case employer ask for EAD card again!!
Is this procedure sounds right? Any one have any experience with this process?
I called USCIS they told me use EAD and file new I9 form with employer based on this 1 year EAD. Then re-file new I765 form with USCIS with cover letter explaining why I should get two year EAD; plus send orginal EAD back. if USCIS find any error on their side they will correct it and send new EAD cards.
I am scared to send orignal EAD back.. just in case employer ask for EAD card again!!
Is this procedure sounds right? Any one have any experience with this process?
more...
snathan
09-01 12:55 AM
Hi,
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.
Hoping to get your opinion on my situation.
I am an Indian citizen, working in the US on an H1B, moving to Spain on a resident visa. My current US employer wants me to continue working from Spain. However, my Spanish visa doesn't permit me to work for a Spanish company, and my US employer doesn't have an office in Spain so they can't apply for a work permit for me. They do have Indian offices, though.
What are my options here? Some of the avenues I am exploring:
a. The company's Indian offices hire me as an external consultant and pay my Indian bank account. I declare my income in India and pay taxes in India, even though I reside in Spain.
b. The company (US or India) hires me as a Spanish consultant and pay me in Spain.
c. Any other opinion
I would greatly appreciate your opinion on my situation, or any references you can give me that I can discuss this with.
Thanks very much for your help.
- Sharada
I couldnt understand this...Your company is Indian and have office in US. They want you to work for Indian/US company but they want you to move to spain when they dont have any office.
chem2
08-17 07:07 AM
The employer cannot ask you to pay H1 filing fees. You may be responsible for attorney fees, but legally the employer is not allowed to charge you for any filing fees they pay the USCIS (the ~1400 $ you mentioned earlier). I have been in the same situation for many years, my employer requires me to pay attorney fees, but they take care of the H1 filing fees.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
I'm no legal expert, but the extra 1000$ tagged on for attorney consultation sounds bogus to me. Attorney fees should include any and all required consultations.
Since you have no plans to join this employer, you may want to investigate what legal options you have, for example, complaining to DOL, USCIS, etc.
good luck. i hope everything works out for you.
more...
eb3retro
10-29 10:04 AM
lazycis,
i sent you a pm..could u pls respond. thanks.
i sent you a pm..could u pls respond. thanks.
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lee.cook
May 20th, 2007, 12:09 PM
Hello,
OK so today I went out with my father to take some images in the countyside, got home, looked on the PC, and there is dust spots in the image!
So I took a few more images of the sky (this seems to show up easily) and its still there.
I took my lens off, and had a look in and there is loads off dust, I tried using little brush to get some off the dirt off, but its still there.
I feel stupid about this, but, where is the sensor ? I can only see 2 mirrors, one I believe is the focus mirror.
I found another mirror behind another mirror and believe its the sensor but unsure.
I read that cleaning the mirrors has nothing to do with the output off the final image.
This is what my image dust looks like.. http://img444.imageshack.us/img444/886/dsc1723hl7.jpg
http://img444.imageshack.us/img444/6991/dsc1208am4.jpg
As you can see, there is a dust spot in the upper top half off the picture.
Could anybody recommend any cleaning solutions for this, I really need my sensor clean by Saturday as the start of the Isle of Man TT practice is here :)
I can provide pictures if needed, thanks for reading.
OK so today I went out with my father to take some images in the countyside, got home, looked on the PC, and there is dust spots in the image!
So I took a few more images of the sky (this seems to show up easily) and its still there.
I took my lens off, and had a look in and there is loads off dust, I tried using little brush to get some off the dirt off, but its still there.
I feel stupid about this, but, where is the sensor ? I can only see 2 mirrors, one I believe is the focus mirror.
I found another mirror behind another mirror and believe its the sensor but unsure.
I read that cleaning the mirrors has nothing to do with the output off the final image.
This is what my image dust looks like.. http://img444.imageshack.us/img444/886/dsc1723hl7.jpg
http://img444.imageshack.us/img444/6991/dsc1208am4.jpg
As you can see, there is a dust spot in the upper top half off the picture.
Could anybody recommend any cleaning solutions for this, I really need my sensor clean by Saturday as the start of the Isle of Man TT practice is here :)
I can provide pictures if needed, thanks for reading.
more...
work4pd
07-20 01:38 PM
Decoupling H1B and H-4 Time ?
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
RIP 'Labor Substitution' is the best thing happened ever happened so far!!!
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ram_ram
02-11 09:00 PM
My situation would answer your questions.
My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.
Thanks.
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
My passport expiry date is Apr 14, 2007. I came back from India after a vacation on Jan 21 2007. My H1-B extension is valid until sep 1 2007.
The immigration officer at the POE stopped me and said he would not allow me in since my passport is not even valid for 6 months. I argued with him saying I can renew it at the embassy in 1 day, if i go in person and am planning to do that. He disagreed and called his supervisor. Somehow his supervisor referred some rule book and said India is in some Club and so I should be allowed inside with a I-94 marked as VOPP. So the officer issued me a I-94 until Apr 4+10 days which is my passport expiry date. Now I applied for my passport renewal and then I should apply for a H1-B extension.
Thanks.
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
more...
tinamatthew
07-20 09:37 PM
Hi,
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
I am planning to change my residence after 2 months. By that time my AOS would be applied. Will it be a problem if I change my residence (different city but same state) after AOS is applied?
:confused:
Signed up for 50$ recurring
Of course you can move, just make sure you send in AR-11within 10 days of moving. The lawyer has a good point though. I changed my address using AR-11 (because lawyer put wrong town and zip!!!) informed USCIS, they wrote back to say it had been done and kept sending receipts to the wrong address, which was none existent!! Check out the link below
"all non-U.S. citizens who move within the United States and its territories must submit a Form AR-11 within 10 days after completing the change of address"
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=9d686c854523d010VgnVCM10000048f3d6a1RCR D&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1 RCRD
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abhijitp
07-18 07:39 PM
Thanks for the replies !! I have everything ready as I was planning for concurrent filing. But since the decision was changed on July 2nd, my attorney just filed I 140.
sure, I would sign up for the contribution.
I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!
sure, I would sign up for the contribution.
I thought you applied under the "Labor Certification" system not PERM. If you did PERM (only then can you file concurrently), nothing stops you from filing for AOS rightaway, so go for it!
more...
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chillfakter
02-19 03:22 PM
As many of you assured me, the date on the I-94 reflected the date on my I-797 (I received a B, not an A). It did not have anything to do with my passport expiration date as I was fearing. Thanks everyone!
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Dhundhun
07-16 04:03 AM
USCIS decided a date Jun 1, 2006 to be current for EB2, so that Visa Numbers are not lost this year. This they decided on the basis of numbers of applications they were able to process by Jul 8, 2008. We all know that I485 Processing Date for NSC was Jul 28, 2007 and TSC was July 17, 2007. These dates were posted on Jun 15 and by July 8, might have moved by a day or two.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
Last year USCIS announced (I remember it was last quarter) that for processing all the files received will take around 18 months. We have just 6-9 months gone.
Jul - Sep, the Priority date should not change, because USCIS has to approve all the processed application, they think approvable.
In Oct, also it may remain same, but after that, it will not be able to sustain demand and face retrogression. Nov 2008 to Jun 2009 there may be seesaw of Priority Date +/-1 years of 2005.
Jul-Aug 2009 USCIS may come across similar situation as this year - but in this case all applications of July 2007 processed - I think that time PD will be some date in 2005.
Right now Processing date might be frozen of 2-3 months, because USCIS may put entire energy in approving EB2 processed cases.
more...
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coopheal
02-11 06:46 AM
I'm in my sixth year and didn't even apply for labor. Let the company apply my labor thn I will be active in ur initiatives.
Please consider this an initiative for yourself. Your contribution to IV is not for helping me but its for helping yourself.
Best luck in getting labor filed.
Please consider this an initiative for yourself. Your contribution to IV is not for helping me but its for helping yourself.
Best luck in getting labor filed.
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aj_jadeja
02-07 08:56 PM
Here is some more info
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
my opinion what ever route u go u will have minimum 2 stops . IF u take direct flights like ny/chicago to delhi then u will have to fly from delhi to ahd.
what ever route u fly cost will be from $1300 to $1500
so my take would be this.
Atlanta - LA - singapore - ahmedabad (via singapore airlines).
no transist visa needed
service and food/drinks of singapore airline just superb.
singapore airport is also superb. nice entertainment area / food court. btw it has desi fast food place so you can enjoy good food there too.
last thing singapore to ahd direct flight :)
aj
I am traveling from
From GSP ( Greenville Spartanburg) to Ahmedabad
or from ATLANTA to Ahmedabad
thanks
my opinion what ever route u go u will have minimum 2 stops . IF u take direct flights like ny/chicago to delhi then u will have to fly from delhi to ahd.
what ever route u fly cost will be from $1300 to $1500
so my take would be this.
Atlanta - LA - singapore - ahmedabad (via singapore airlines).
no transist visa needed
service and food/drinks of singapore airline just superb.
singapore airport is also superb. nice entertainment area / food court. btw it has desi fast food place so you can enjoy good food there too.
last thing singapore to ahd direct flight :)
aj
more...
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kumar.yerr
12-15 10:05 PM
Hi Rb_newsletter,
I thought more paystubs is good. That is why I showed all the paystubs I have.
Regards..
I thought more paystubs is good. That is why I showed all the paystubs I have.
Regards..
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skothuru
06-28 03:29 PM
Our Employment Verification Letter States:
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
We are looking forward to his continued employment with us. --> Is this OK?
Or should it be something like:
We will hold this position open for him until he is ready to fill it upon completion of his permanent resident case.
Plz Advice!!!!
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locomotive36
11-04 12:17 PM
Dear Readers,
This topic may be totally off immigration and I am sorry for that.
Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!
Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)
Please vote for him and make win the CNN Hero prize money which can be used towards his trust.
You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)
Please share the word around with your friends and family!
Thanks a lot... Appreciate your kind gesture!
This topic may be totally off immigration and I am sorry for that.
Kindly request you to take a minute and read about this noble person - Narayanan Krishnan - a selfless real life hero!
Once a rising star, chef now feeds hungry - CNN.com (http://www.cnn.com/2010/LIVING/04/01/cnnheroes.krishnan.hunger/)
Please vote for him and make win the CNN Hero prize money which can be used towards his trust.
You can vote at - CNN Heroes - Special Reports from CNN.com (http://heroes.cnn.com/vote.aspx)
Please share the word around with your friends and family!
Thanks a lot... Appreciate your kind gesture!
aamchimumbai
07-23 09:43 AM
my understanding was that in this case you would not do a concurrent filing. You would file the I-140 requesting PD recapture. Once the I-140 was approved, and your PD-recapture also approved, at that point your new PD is confirmed and thats what allows you to file the I-485.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
My earlier post had misleading information. I filed my I-140 in Feb'08 and I-485 in June'08. I didn't file my I-140/485 concurrently. I-140 is still pending and in my application PD transfer was requested.
Thanks again to all your responses.
pcs
08-01 09:31 AM
bump
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