arihant
03-14 04:36 PM
You are right. I checked it with Germen consulate in DC few days back.
Please clarify what I am right about?
Please clarify what I am right about?
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sravani
05-24 09:22 AM
Please go ahead with the filing especially when your employer is bearing the expenses.
Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.
Everything is in flux right now and even the bill is approved, It takes some time for the new system to get in place and you can preserve the Priority Date of the LC applied under the old system, if you need to reapply as per the new merit based point system.
pappu
04-19 12:33 PM
This thread is being closed as posted earlier in the thread. There will be mini action items posted in future by leaders of this initiative. Please participate on those initiatives.
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mihird
07-20 05:43 PM
But my question is can you have BOTH of them. Some say you can have 2 H1s at the same time for different companies, so hence my question was, can you have an H1 and an L1 at the same time.
Biju, whom did you ask, an immigration attorney or just on forums?
A concurrent H1 and L1 should be doable too...much like two concurrent H1s...
As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...
My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...
In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...
Biju, whom did you ask, an immigration attorney or just on forums?
A concurrent H1 and L1 should be doable too...much like two concurrent H1s...
As long as you meet the requirements of the two visa categories, you should be able to hold both concurrently...
My knowledge on L1 is limited, but I thought, unlike H1, L1 was not as much a dual intent visa...it required evidence of some times to the foreign domicile..although, I could be wrong...I faintly remember the laws governing L1 were signficantly changed a couple of years back...
In short, if L1 is not much of a dual intent as H1, you might have trouble getting the two approved concurrently, but if they are equally dual intent, getting them concurrently shouldn't be a problem...
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meher
12-26 10:50 AM
Today based on the talks with my employer, he told that he will not be able to process my payments. I informed him that i am going to DOL. He has not committed but has said that legally he has to pay only the minimum wage requirement which is the 44000$ only. I am in the process to consult attorney at present.
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
Dear Internet,
I am not an anti immigrant, but i am a legal immigrant(hope you are also one like me) and trying to get your help. Please don't look at all people with suspicious eyes.
As it has gone this far let me give my Employer Details
Objects Worldwide Incorporation it is based in Virginia.
Address below.
Objects Worldwide Inc.
10316, Wood Road Suite �A�,
Fairfax, VA 22030
http://www.owiusa.com
imh1b
12-03 02:09 PM
Why do we need Recapture more than DREAM ACT or with DREAM ACT?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
What makes recapture an important issue as mush as DREAM ACT issue?
Is the question asked to me when I communicated with someone in favor of DREAM act. We need good answers when asked this question.
I was looking at posts to respond back and write to all reporters writing on DREAM ACT. Can someone post convincing answers?
more...
H1InTrouble
09-18 04:05 PM
Hi,
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
I am in a situation and hope someone here would be able to provide me with some advice. I was employed by Company A since 2006 and I was working at a Client location for the last 3 years. There is company B who is the primary vendor for the Client. Recently my H1 extension was denied and so I went out of status. I reached out to my end client for help. Since they are happy with my work, they said that they can talk to another vendor (company C) to sponsor a new H1 for me. Company C is now ready to file my H1 but the problem is that Company A somehow got to know about this and is enforcing a non compete agreement on me.
I wanted to know if they can do this even though the H1 was denied and they are unable to provide me with any job. Can they stop me from earning my livelihood. I did not go out and breached any contract, I am trying to move only because my H1 with company A has been denied. The only thing is that the end client is the same.
Regards
H1BInTrouble
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laksmi
01-07 04:02 PM
http://immigrationvoice.org/forum/showthread.php?t=14154
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Chicago Desi
04-13 01:02 PM
All visa stamping is now done outside US. As long as you dont travel outside of USA, you can stay legally till the date mentioned on your I-94 attached on I797. But, if your H1 extension is subjected to your visa interview in Islamabad, you have to go to interview.
I dont know what DWI is, but whatever it is, do not hide it on your visa application. AFAIK, traffic violations are not criminal offences, but I might be wrong.
You better have criminal record strighten out with DHS ASAP, one wrong info and it will become a huge problem.
Good luck.
I dont know what DWI is, but whatever it is, do not hide it on your visa application. AFAIK, traffic violations are not criminal offences, but I might be wrong.
You better have criminal record strighten out with DHS ASAP, one wrong info and it will become a huge problem.
Good luck.
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mhathi
08-25 09:23 AM
Hi kondur_007,
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
Now can i do the 140 premium processing,to know the result asap.
If my 140 is still in process,can i file another perm labour and can i use my old labour dates.
Thanks for ur response.
Priority dates cannot be ported unless I-140 is approved. Unfortunately, in this case it looks like you will lose your original PD if they deny/refuse to accept your I-140 application.
more...
drak70
03-08 10:42 AM
Here is my experience
My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least
As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial
In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months
In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online
My 140 got denied. 485 showed was pending online. I maintained my visa status separately at all times and I filed and MTR within 30 days .t never got denied online at least
As per my discussion with 2 big shot lawyers office. While I-485 denial usually follows I-140 denial, they are NOT automatically done by the computer. ie someone opens your 485 file and signs off on the denial, based on 140 denial
In the MTR filing the lawyers specially requested that the 485 filed concurrently be also reopened consistent with the decision of the MTR.in my case MTR was successfull 140 got approved and 485 also got approved after 6 months
In your case keeping working on EAD is dangerous because 485 denial will and can occur anytime and it will leave you scrambling for status cover.Dont depend on online status check. My temp GC was stamped by USCIS even though it shows pending online
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Bobby80
06-03 04:22 AM
Ann
Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks
Thank you for your post. I have recently received a green card through my spouse. I used to work in New York and lost my job in 2009 but never claimed benefits as I was not a permanent resident at that time. I got my green card in Jan2011. Can I apply now for unemployment benefits in NY state? I live in NYC and we pay taxes jointly since 2007. I have been unemployed for over 2 years now and am looking for jobs at the moment since I now have an EAD. Please advise. Thanks
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navyug
10-13 10:22 PM
Hi,
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
My first NIW/I140 was concurrent filed with I485 for both my wife and me. When they denied I140, the USCIS also denied I485s for both of us. I have a pending MTR for that I140.
While the MTR was pending, I filed another NIW/I140, which was approved. I noticed that the approval notice has the A# that was on the I485 of the first petition.
So, should I assume that my the USCIS has interfiled my I485 automatically and my old PD is active?
Thanks.
Yes. It happened in my case as well. My I-140 was denied from NSC after having filed I-485. It was refiled (yes refiled in TSC, not MTR and got a different case number). After the I-140 denial my I-485 was also denied. Upon approval on my new I-140 the I-485 was reopened automatically. The online status had not changed from 'Denied". I was surprised when I got my second round of FP notices in August 09. Now the status says "Case has resumed processing". I would however suggest that you ask your attorney to send a letter to USCIS.
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chanukya
05-17 10:55 PM
Sorry about my statement, I stand corrected, if you are US Masters and above plus member of profession, you still are not exempt from LC Process, however, special handling of LC in your case will take place, like the measure by DOL will be looking for US Citizens equally qualified ratehr than able, willing and qualified.
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
USCIS Section 212(a)
(5) Labor certification and qualifications for certain immigrants.-
(A) Labor certification.-
(i) In general.-Any alien who seeks to enter the United States for the purpose of performing skilled or unskilled labor is inadmissible, unless the Secretary of Labor has determined and certified to the Secretary of State and the Attorney General that-
(I) there are not sufficient workers who are able, willing, qualified (or equally qualified in the case of an alien described in clause (ii)) and available at the time of application for a visa and admission to the United States and at the place where the alien is to perform such skilled or unskilled labor, and
(II) the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.
(ii) Certain aliens subject to special rule.-For purposes of clause (i)(I), an alien described in this clause is an alien who-
(I) is a member of the teaching profession, or
(II) has exceptional ability in the sciences or the arts
(III) is a member of the professions and has a master's degree or higher from an accredited United States university or has been awarded medical specialty certification based on post-doctoral training and experience in the United States.''.
Bottom line US Masters and above still need LC, Only thing is they are not counted against Quota....which is the biggest releif ever...
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amitjoey
07-09 04:23 PM
Gave it 5 star, and posted a comment.
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GKBest
10-23 08:52 PM
I got the mail today....
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
PD - 2004 August
485/EAD/AP RD - July 3rd
ND - October 11
EAD Card Production ordered - October 22nd.
FP Notice - Waiting
AP - Waiting
SAME HERE. WE ARE INDEED IN THE SAME BOX. HOPE WE GET THE GCs AHEAD OF SCHEDULE:D
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mheggade
07-30 11:24 AM
Don't put "difficult" and "spouse" next to each other. WHY? Its because two different words means the same????
Very funny.
Very funny.
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naushit
05-22 04:02 PM
My attorney just said...she has too many application to file...she just cant do it on 1st June, she will try to do 1st week of June....but I am sure she is gonna miss 10th June too :).... happy?
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ash0210
05-15 12:27 PM
Since yesterday after reading June bulletin, it seems that we are loosing "focus" now..no one is asking what discussions are going on CIR shdeuled on May 14?
Correct me if I am wrong!!
Correct me if I am wrong!!
naturopathicpt
06-25 10:15 PM
Hi. I came from the Philippines and signed a contract for a 3-year obligation as a PT here in the US. My employer paid my recruiter (agency) fees to get me here. In the whole process, I did not shell out anything except for my airfare and other minor fees. However, my recruiter made this written contract saying that if I breach it, I have to pay all the expenses, as in literally all of it regardless of how long I already worked within the three-year period. I just feel that I am being held by my employer since I am planning to move to another company that would better give me the chance to have a green card to a place where I really like to live. Is it really legal that a recruiter make a copy of a contract/bond for the employer and the recruit to sign on it and for me to be responsible to pay all of the fees should I breach the contract? Is there any law/article that prohibits this practice?
I highly appreciate your warm assistance.
NaturopathicPT
I highly appreciate your warm assistance.
NaturopathicPT
gg_ny
07-31 04:24 PM
H status is lost if one uses any of the 2 benefits under immigration process - AP and EAD. It is not possible to work on EAD and still be H4 or H1. but if you have H4 valid papers(approval), then you can live here as H4 but when you travel you have a choice between stamping or AP. Once you start using your EAD, you lose your H1/ H4 status immediately (have to file new I9 and specify how you could work) even if you have years left on that visa. I have been so advised by our lawyer and my wife has not even made an appointment in India later this year (she wants to use EAD at somepoint and travel with AP thus gaining parolee / pending AOS tag ) while I am gonna do it (try maintain my H1 if let to do so by the consular).
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