lost
09-22 08:36 AM
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sra_scorpio
12-15 11:43 PM
Here is my situation and below are my question...
Entry to US - 08/14/2005
Petiton is valid till 06/17/2011 (and I have vacation time of 4 weeks).
Labor applied on EB2 category on 09/23/2010
EB2 labor Audit replied in June 2009.
H1B extension based on pending labor applied on 12/03/2010.
EB2 labor denied on -12/13/2010.
Question??
What will happen to my H1B extension? and what time it will get extended?or what action should we take?
Do I need to re-appeal the labor that has been denied ,apply for H1B extension and wait to get clear the 7th year extension (thruogh premium? from June 2011 to June 2012).
Can I apply for EB2 or EB3?(which would be best in my scenario, I think i still have time if 7th year H1B extension is approved).
Can we apply EB2 even after we appeal previous labor which is also on EB2 category ? or do we have to withdraw old EB2 labor and then re-apply again on EB2?
Please help me with the above questions and I really appreciate your help in this regard.
Entry to US - 08/14/2005
Petiton is valid till 06/17/2011 (and I have vacation time of 4 weeks).
Labor applied on EB2 category on 09/23/2010
EB2 labor Audit replied in June 2009.
H1B extension based on pending labor applied on 12/03/2010.
EB2 labor denied on -12/13/2010.
Question??
What will happen to my H1B extension? and what time it will get extended?or what action should we take?
Do I need to re-appeal the labor that has been denied ,apply for H1B extension and wait to get clear the 7th year extension (thruogh premium? from June 2011 to June 2012).
Can I apply for EB2 or EB3?(which would be best in my scenario, I think i still have time if 7th year H1B extension is approved).
Can we apply EB2 even after we appeal previous labor which is also on EB2 category ? or do we have to withdraw old EB2 labor and then re-apply again on EB2?
Please help me with the above questions and I really appreciate your help in this regard.
ektha123
12-12 03:41 PM
some where i read in the forum if we leave the country without the approval of ap our 485 status will be abonded.
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raysaikat
05-17 03:27 PM
Can someone employed on a H1B visa do small private/independent consulting on the side in the same field of work? Or can he/she get paid as a private consultant in his/her home country while on H1B visa in the US?
As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...
As long as you are fulfilling your obligation to work full-time with your H1-B employer, there should be no problem to do additional work in your home country in your spare time (I am assuming that you will do that remotely) from an immigration point of view. However, it is a complex situation tax-wise. In general you do have to report that overseas income in your tax return and pay tax on it. Things get even more complicated if you do not bring the income back to US but keep it in your home country ...
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newbie2020
01-27 03:55 PM
Thanks for sharing, It describes about Numerical limit not apply during Quarter which means spillover should occur quarterly. I don't think they follow that today.
nb_des
08-07 02:15 PM
http://www.cnn.com/2006/POLITICS/08/05/Bush.radio.ap/index.html
Thanks for posting this. This seems to be good development. Hopefully they can get a compromise.
Thanks for posting this. This seems to be good development. Hopefully they can get a compromise.
more...
485Mbe4001
03-12 05:15 PM
Search the forums, there was a similar thread about hourly rates and and salary. it had a lot of responses with information and some mentioning that it was improper to post such information.
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Liz
06-28 11:31 PM
Dear Attorney,
My company is willing to sponsor me and I have a few questions regarding the occupation.
I have no professional degree but I have 7 years experience as a general manager. My boss spoke to one attorney who said that I can be in EB-3 skilled worker but he (the attorney) is going to put that at least 5 years experience is required. The company that I have been working for is an export/import Asian food company (65 employees; $100 million revenue) so my boss is not going to hire someone who has only 2 years experience. The attorney also wants to put that a foreign language (Korean) is required as I will be responsible for making orders from Korea.
On the other hand I went to a different lawyer who said that if I want to be in EB-3 skilled worker the 2 years experience is enough and if there will be a foreign language requirement, most likely my ETA9089 will be denied. Also, he mentioned that a GENERAL MANAGER requires at least a bachelor's degree (as stated in SWA OES).
I would appreciate your input.
Thank you.
My company is willing to sponsor me and I have a few questions regarding the occupation.
I have no professional degree but I have 7 years experience as a general manager. My boss spoke to one attorney who said that I can be in EB-3 skilled worker but he (the attorney) is going to put that at least 5 years experience is required. The company that I have been working for is an export/import Asian food company (65 employees; $100 million revenue) so my boss is not going to hire someone who has only 2 years experience. The attorney also wants to put that a foreign language (Korean) is required as I will be responsible for making orders from Korea.
On the other hand I went to a different lawyer who said that if I want to be in EB-3 skilled worker the 2 years experience is enough and if there will be a foreign language requirement, most likely my ETA9089 will be denied. Also, he mentioned that a GENERAL MANAGER requires at least a bachelor's degree (as stated in SWA OES).
I would appreciate your input.
Thank you.
more...
StuckInTheMuck
02-02 12:23 PM
AFAIK, EB1-B requirement includes at least a tenure-track position with the sponsoring University, whereas from your current job title I would guess yours is a contractual (no-tenure-track) position. You may instead take a shot at EB1-A (exceptional ability), which, like EB2-NIW, does not require a tenure-track job. Also, from your stated qualifications, you have a reasonable chance of getting approved, more so if a competent attorney handles your case. (I should add, these days USCIS seems to have raised the bar of EB1-A approval relative to EB2-NIW, so hiring a good attorney is important.)
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smarth
05-04 02:49 PM
thanks for the reply.
I see in the below site, that on EAD i need to work for the employer who filed GC. Is this correct?
http://www.reddyesq.com/GC.html#37
"Q. If I loose my job (H1-B status) can I use EAD as full time job?
Yes, but you need to work for the employer who filed your GC. "
I see in the below site, that on EAD i need to work for the employer who filed GC. Is this correct?
http://www.reddyesq.com/GC.html#37
"Q. If I loose my job (H1-B status) can I use EAD as full time job?
Yes, but you need to work for the employer who filed your GC. "
more...
LondonTown
08-11 08:58 PM
I have applied for H1B transfer and here is my situation.
H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.
We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.
What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?
Do you have I-94 attached to the approval notice?
H1B expiration date with ex employer was 06/10/2010 and I transferred the H1B to a new employer on 06/01/2010 and the approval came on 08/09/2010. However the approval notice says the validity date is from 08/02/2010 to 08/01/2011. It should have been 06/11/2010 because we filed this transfer before the expiration date.
We sent an inquiry but the officer was saying the application was submitted based on new employment and not continuation of previously approved employment without change with the same employer, so we will not change our decision.
What should I do? I think I was out of status from 06/11 to 08/01. Does anyone have any information?
Do you have I-94 attached to the approval notice?
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tnite
09-25 10:50 AM
I am not sure if this discussion may be opened by someone already. I could'nt find it and hence I am opening a new one.
I know its not required to have SSN for starting the job from 10/01/2007. I am eager to know if we can apply for SSN before this date or do we need to wait until Oct 1st. Thanks
You have to wait until Oct 1st.When SSA checks against USCIS database to check your status, they will know that the Change of status occurs on Oct 1st .
In my wife's case we had to go almost everyday during the first week of October as they couldnt validate the H1 status and then finally they did on the 6th day.
FYI she changed from F2-H1
I know its not required to have SSN for starting the job from 10/01/2007. I am eager to know if we can apply for SSN before this date or do we need to wait until Oct 1st. Thanks
You have to wait until Oct 1st.When SSA checks against USCIS database to check your status, they will know that the Change of status occurs on Oct 1st .
In my wife's case we had to go almost everyday during the first week of October as they couldnt validate the H1 status and then finally they did on the 6th day.
FYI she changed from F2-H1
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GCBy3000
01-10 10:06 AM
Can we make use of this town hall meeting? Any Idea?
http://www.aila.org/content/default.aspx?docid=20340
Town Hall meetings are an excellent chance for you to show your Members of Congress that positive immigration legislation is a priority for their constituents. Check this calendar so you don't miss these opportunities to ask your legislators for their positions on immigration, and tell them yours!
http://www.aila.org/content/default.aspx?docid=20340
Town Hall meetings are an excellent chance for you to show your Members of Congress that positive immigration legislation is a priority for their constituents. Check this calendar so you don't miss these opportunities to ask your legislators for their positions on immigration, and tell them yours!
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jcrajput
07-18 08:09 AM
Thank you.
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lkapildev
11-16 11:48 AM
my LUD is 07/17/2007 on I-140
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09-17 10:14 AM
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rouge
09-18 11:43 PM
can a medical assistant be eligible for H1 visa. I have a sponsor but we dont know whether medical assistant job is eligible for a H1 visa. Please let me know if this is possible. I am a medical school graduate. the hospital is a private practice. I am currently on student visa(I-20).
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nshantha
07-20 09:10 AM
Hi,
I got an RFE on EAD Renewal and notice says the following.
The application you submitted must bear the original signature of the applicant. You must sign the attached copy of Form I-765 in the signature block marked in Red.
I got only RFE notice with this information and there is no attachment with this RFE.
I am 200% sure that I signed the application.
Now I have no idea what to do and there is no attachment to sign.
I filed myself without attorney help.
Any one please help me how to handle this RFE.
Can I send new I-765 application or request again for attachment
My EAD expiring on 8/26/2008
Paper based application
Applied on May 5th 2008 at NSC
Thanks,
I got an RFE on EAD Renewal and notice says the following.
The application you submitted must bear the original signature of the applicant. You must sign the attached copy of Form I-765 in the signature block marked in Red.
I got only RFE notice with this information and there is no attachment with this RFE.
I am 200% sure that I signed the application.
Now I have no idea what to do and there is no attachment to sign.
I filed myself without attorney help.
Any one please help me how to handle this RFE.
Can I send new I-765 application or request again for attachment
My EAD expiring on 8/26/2008
Paper based application
Applied on May 5th 2008 at NSC
Thanks,
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Blog Feeds
11-09 03:40 PM
Immigration Visa Attorney Blog Has Just Posted the Following:
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year's cap should submit their applications as soon as possible.
A lot has been said about how much longer the H-1B quota has lasted this year. There's a been a lot of speculation about the reasons why the quota is still open. It's pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.
While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Fong & Chun, LLP will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.
Anyone wishing to file an H-1B case should call the attorneys at Fong & Chun, LLP for a free consultation and realistic assessment of their case. ---ecf
More... (http://www.immigrationvisaattorneyblog.com/2009/11/h1b-quota-advanced-degree-cap.html)
java4yogi
10-10 01:19 PM
good catch there !
MYGCBY2010
10-24 01:27 PM
Hi ,
I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..
Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..
Any inputs are highly appreciated.
Thanks..
I filed for i-485 ON July 23rd along with the EAD and AP. My EAD got approved and got a RFE on AP. I haven't received my Finger Print notice yet. Will RFE on AP affect the FP?..
Is it normal that I haven't FP notice after almost closed to a month after the checks have been encashed?..
Any inputs are highly appreciated.
Thanks..