jy1021
02-12 10:35 PM
I am holding H-4 visa, last week, I made an appointment in Ottawa consulate so I want to get my H4 before I go.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
My wife's H-1 and my H-4 filed together, so I called the lawyer, we paid $1000 premium fee, it was paid on Friday, both H-1 and H-4 got certified on Monday (it only takes 1 day compared with 3 months).
Once you file premium for H-1, H-4 will get premium. but if you file them separately (in different time), then you can not do it this way.
Good luck.
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xela
06-03 09:37 PM
lawyer paper filed april 15th
receipt received april 27th
received date april 16th receipt date april 26th
last soft LUD April 30th
no fp notice or anything since
called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change
receipt received april 27th
received date april 16th receipt date april 26th
last soft LUD April 30th
no fp notice or anything since
called them 2 days ago to put in a request for fp cus i am tired of waiting hoped that this would prompt them to look at it.... so far no change
ilikekilo
09-07 07:56 AM
hey who cares, if thats the case..I will certainly not complain...
who knows something might be brewing up....4 good
who knows something might be brewing up....4 good
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chanduv23
04-27 10:15 AM
Ok, lets ignore or shut this down.
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anantc
06-19 02:08 PM
Hi
Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?
Appreciate anyone already in same boat!
Does any one know if it will also be applicable to someone with end of 9th year H1B? I have been getting annual H1Bs fro the past 3 years now, I was wondering if I will be eligible for I-140 premium.
Is Premium Processing of 140 for 9yrs Applicable H1B & 485 pending from June 16th 2008 ?
Appreciate anyone already in same boat!
srikondoji
04-26 03:34 PM
Microsoft/IBM/Infosys/Wipro are interested in H1-B visa number hike.
They only want more new H1-B's, coz they have to pay more for those who are already here.
Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.
Remaining skilled labor force with his H1 term ending are of no use to anyone.
I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
Thanks
sri
They only want more new H1-B's, coz they have to pay more for those who are already here.
Politicians are interested in illegal immigrants because their number runs into millions and they can get their votes.
Remaining skilled labor force with his H1 term ending are of no use to anyone.
I think this forum is doing a tremendous job in fighting for a cause and will no doubt make a mark fo itself.
Thanks
sri
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ImmigrationAnswerMan
06-29 10:35 PM
The answer is that there are restrictions on using experience gained in the position with the same company. The reason being that you cannot say that the minimum requirement for the position is a BA + 5 when you were hired for the position with less than a BA + 5 experience.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
If you use experience gained with the same company the PERM application will be audited. One way to respond to the audit is by showing that you are filing for a different position than the one you gained the experience in and that the position for which you are filing is not substantially comparable to the position where you gained the experience.
My suggestion to you is that you use an experienced immigration attorney that you trust. The laws and procedures involved in filing a PERM application are so complicated and subtle that there are many immigration law attorneys who do not handle PERM cases. I know there are lots of companies that fumble their way through the process without an attorney and are lucky enough not to get audited, but that is just trusting your future to the luck of the draw.
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intezar2005
04-21 09:59 AM
My appointment date was Apr 02 and they received my documents on March 30th. I kept calling the ph # given on their website after nth try , I was able to talk to one lady on 15 th april, she said it has been only 4 working days for embassy since they received my application, and it will take couple weeks more to get my passport renewed, if it does not require additional processing.
I used epassportphoto website to get 3.5X3.5 pics
I used epassportphoto website to get 3.5X3.5 pics
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sgorla
02-23 01:54 PM
Thats right. It all depends on the state that H4 visa holder lives and intends to go to school; for instance State of Nevada does not allow H4 Visa holder to get in-state tution fee, however State of Ohio does allow in-state tution fee for H visa holders (includes H1 and H4).
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
This issue was discussed in 2 other threds in the last 2 months. I don't remember the name of the threads. Please search.
The status of I-140 application may be important. Out of state tution may depend on the state.
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kanshul
02-24 08:30 AM
As a prcatical matter you should have copy of your labor or at least the job description so that you can look for 'similar' job.
You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.
If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.
You may be in trouble if you don't have it or are not sure what your employer has put int he labor application. Also, at the minimum you should have you 140 application number, only then can you be sure that it has been approved.
If you have these, you can easily use AC21 with no harm. Also, if I were you I will avoid any travel even if you have approived 131 as the IO at port of entry may ask you about your employment status.
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bluekayal
09-16 04:01 PM
you can apply for UI - Unemployment insurance, NOT Unemployment benefit. The first is an insurance, the second a benefit that will impact your GC application.
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smisachu
06-19 10:05 AM
Hi Guys,
My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
His PD is Feb06, EB-3, ROW.
Can he not travel on his H1 once the he files AOS?
My co worker is a sales man who travells to latin america frequently. My company is concerned that once he files I-485 he will not be able to travel out of US. He has a valid H1 stamped on his passport.
His PD is Feb06, EB-3, ROW.
Can he not travel on his H1 once the he files AOS?
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ramaonline
12-28 02:21 PM
Some in this situation are planning to do the full time MBA from the IIMs / ISB under NRI quota which requires gmat score. check topmba.com for info on international schools etc
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EkAurAaya
03-20 10:12 AM
if you are foreign national selling a house, 10 % of your sale price may be held in escrow account till you pay the taxes. This is the case in atleast some states. This is what your real estate lawyer might be referring to. The rest 10 % is released after you have shown proof that you have paid your taxes.
Thanks for your response... do you know what states by any chance?
Thanks for your response... do you know what states by any chance?
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kittu1991
11-16 01:37 PM
If you enter US using your AP even for the same employer you will no longer have your H1B status valid, you an return back to H1B status only after a renewal. After entering US on AP you need to inform you employer. Your status after entering on AP makes you a Parolee.
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
Please don't give out wrong information. Noone asking you to reply if you are not 100% sure of what you are saying.:mad:
Using AP will not invalidate your H1. You can enter in AP and work with the same employer as long as your H1 is valid and you transfer it to new employer if needed.
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kkmajid
10-16 01:43 PM
Hi
I am currently a masters student in an american university. My
graduation is in May 2007. I am planning to apply for H1B visa soon
after.
1. Assuming that my H1B status is approved and I recieve my H1B papers
by October, how long should I wait until my employer can file for my
greencard application?
2. It is been announced that the premium processing for the labor
certification is available. This means that there is 2 week decesion
instead of months like before. Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
I am currently a masters student in an american university. My
graduation is in May 2007. I am planning to apply for H1B visa soon
after.
1. Assuming that my H1B status is approved and I recieve my H1B papers
by October, how long should I wait until my employer can file for my
greencard application?
2. It is been announced that the premium processing for the labor
certification is available. This means that there is 2 week decesion
instead of months like before. Therefore how much would be the time
from after the application will I be able to change my status from H1B
to permanent resident and recieve my greencard? Does the premium
processing shorten the time?
Kambi
more...
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Hassan11
03-26 11:34 AM
Thanks Kingkon. I heard the appeal takes no more than a year. but DOL in Atlanta keeps telling my HR manager that they are backlogged. I am not sure what to do.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
I had my EB2 LC rejected and the reason that DOL gave was they were not able to contact the employer and/or employer did not respond to their correspondence. Lawyer gave me two option to refile (I will lose PD) or appeal. This was in 2005 when PERM had just started and the lawyers said they did not know how long the appeal process takes in PERM since it was new system. To cut the story short I received the approved LC within 45days of appeal, but my case was a simple one I think. Your case it a bit different but in no case an appeal should take 1.5 years at least in PERM.
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forgerator
11-08 04:38 PM
You are right on target, YES when the requirements are higher than similar positions in the industry DOL send RFP to prove business necessity for higher requirements.
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
If they suspect any fraud then your employer will be asked for supervised recruitment effort
Second, Your salary should reflect the (higher) qualifications, higher than prevailing!
Third, if the requirement is MS+7yrs of experience, do you have 7yrs of experience after receiving your MS?;)
I am in a similar situation where I am going to start my EB2 , however the internal job requirements for my position demand more than what the EB2 requirements are. They are as following:
Bachelors plus 6-8 yrs experience
or alternatively
Masters plus 4-6 yrs experience.
I do have Masters and my overall experience is 5.5 yrs but out of that 4.5 yrs were with the current employer so those won't be counted. How will I become eligible for EB2? Will the lawyer downgrade the requirement to Masters + 1 yr experience or will he keep requirement to say Masters + 4yr ? I guess I'm confused how this will work. :o
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GCMan007
03-13 01:02 PM
Congratulations !!
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated
Looks like TSC abandoned online status updates and emails. My case has been assigned to an officer (again) and enroute to I-485 manager as of Feb 3rd 2008 ( senator feedback ). So far no LUD's or emails.. Looks like instead of checking for emails every other minute , I have to wait for regular mail now.. unfortunately I can do that only once per day !! :( ..
That exactly happened in my case. I was looking at my online status almost everyday. Not even a soft LUD..the regular mail finally arrived last week with approval status..Online staus still not updated
bijualex29
07-20 04:45 PM
I asked this question several times, this is what the answer I got.
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
To get L-1 visa, you need to work for sister or parent company for a year outside USA. Here is the problem come.
I am on the Same boat, How care about GC. But I care about my wife's work authorisation, she has done her Ph.D and completed her 6 year H-4 too. Even if some one offers her H-1B she cannot take up, until there is a decoupling of H-1 and H-4
misha
07-21 02:18 PM
Misha,
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.
Even I did not receive my AP ,which I applied last year july 2007.
Coudn't wait anymore...its kids vacation time.I took infopass ,the IO asked me why I had not contact ed all this time.I explained to her that the constant response whenever I called the 1-800 # was 30days -60 days.
she made us wait for almost 2 1/2 hours.
Finally she asked to submit new application ,2 photoes,2 copies of our BCertificates.
She gave our AP for me and my wife right away.
So I advice you to take Info pass and check.Ap what I received was in paper.
Thanks for the advice. I have my infopass appointment on July 23 2008. We will see.
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