svam77
07-24 02:22 PM
I mean should it be only Software engr in the exp letter rather than Sr Software engr, since the labor says Software engr ?
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Aura M.
01-23 08:44 AM
Good morning all of you:
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
If you had the experience of renewing your H1B visa could you please advise how is the process?
Thank you for any feedback .
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desi3933
02-18 11:36 AM
......
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
......
..... I don't know much about the legal process.
Thank you!
First, you should know about rights of H-1B employee. You must get paid for all times including unproductive times (knows as "bench") as well.
Read this pdf
http://www.dol.gov/whd/regs/compliance/FactSheet62/whdfs62I.pdf
You should consider getting your salary for "bench" time, otherwise you are out of status. Being out of status can cause issues for H-1B "transfer" as well.
________________
Not a legal advice.
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jain4444
11-09 08:52 PM
Thanks for your reply.
The only problem is that she started working from Jan 2008. From Oct 2007 to Dec 2007 she was not working. So I donot have her W2 and neither the paystubs. I do have the joint tax return that I filed in 2007, but that does not have her income. Is it possible to say that she was on leave during this period for personnel reason?
The only problem is that she started working from Jan 2008. From Oct 2007 to Dec 2007 she was not working. So I donot have her W2 and neither the paystubs. I do have the joint tax return that I filed in 2007, but that does not have her income. Is it possible to say that she was on leave during this period for personnel reason?
more...
godblessamerica_2009
02-16 02:08 PM
I am filing my 485, EAD and AP in EB2 ROW this week, and my labor priority date is Jan 26, 2008.
How the 485 approval process works. ??
How long it takes to get it approved ?
How the 485 approval process works. ??
How long it takes to get it approved ?
eadguru
10-04 08:30 PM
:)
Hi Tnite,
Thank you for your feed back.
Thanks,
EADGuru
Hi Tnite,
Thank you for your feed back.
Thanks,
EADGuru
more...
Blog Feeds
12-05 09:20 PM
Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner�s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.
The Service Center previously stated:
Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.The following is a sample statement that the petitioner employer could use:
By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.
Please email me with any questions regarding the above referenced info.
More... (http://www.visalawyerblog.com/2010/11/h1b_visas_public_law_111230_fi.html)
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snathan
05-19 07:10 PM
Thanks for quick reply.
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
As of now, my friend is getting trained by local institutes in other IT realted field and searching for job. If things go well he might get a project in a month or so.
Q.Till he gets a project what risk does he have to his status?
Q.If he gets a project will everything be ok?
Pls advise
Thank you.
1. If he is in H1B and not getting salary its out of status.
2. As long as there is no investigation or in the GC process or next time stamping - if there is no RFE or the IO is not asking for the pay stub, W2 he is fine.
3. If they ask pay stub or tax statement while stamping or gc process he will be in trouble
more...
Blog Feeds
11-30 03:21 AM
People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.
A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.
As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.
Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.
Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.
More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)
A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.
As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.
Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.
Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.
More... (http://www.visalawyerblog.com/2010/11/qatar_has_least_rejection_rate.html)
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gcgc2005
12-17 10:31 PM
Hello Everyone! Please advise me on the following agreement.
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
I am currently working with green card sponsored employer on H1B (I have my EAD). I have my I485 pending with I140 approved and its been more than 180 days since my I485 has been pending. I am looking to use AC21, but concerned with the following agreement. Is this enforceable? Its been couple of years since I signed this and I know it's still a long wait before my I485 is approved. Please advise.
"
This Addendum (part of the signed Employment Agreement by both parties) made as of - day of - by - and between XXXX company (hereinafter refereed to as "Employer") and - residing at - (hereinafter referred to as "Employee")
Employer has processed Green Card for the Employee. Employee agrees to work for a minimum of 6 months (Client Billable hours) with Employer after Employee gets his/her Green Card approved, sponsored by Employer. Employee agrees to pay $10,000 to Employer in case if Employee does not work with Employer for 6 months after getting the physical Green Card.
In the event that Employer commences litigation to enforce its rights under this Addendum and the Employment Agreement, Employee agree to pay for all filing fees, court costs, and Attorney's fees. In addition, should Employer incur pre-litigation costs in enforcing the Addendum, including but not limited to reasonable collection agency fees or pre-litigation attorneys fees and costs, then Employee agrees to reimburse Employer for all said costs incurred.
Governing Law: The laws of Common Wealth of Virginia shall govern this Addendum. Any litigation in connection herewith shall be brought in the state of federal courts for Fairfax, VA and both parties consent to such court's exercise of personal jurisdiction over them.
Employee represents that he/she has read and understand the terms of this Addendum, has had an opportunity to ask questions and to review this Addendum with legal counsel of his/her choice, is not relying on any advice from Employer in this regard, and is voluntarily signing this Addendum.
"
more...
waiting4gc02
02-28 02:33 PM
On the VFS site it lists the following docs:
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
Spouse / Dependent Children
1. Passport, visa fee receipt issued by HDFC Bank and interview appointment letter.
2. The original Notice of Action Form I-797 of the Principal Applicant.
3. Form I-129 (if Form I-797 is a blanket permit, copy of Form I-797 and I-129) of the Principal Applicant, and letter from employer that describes the relationship with the Principal Applicant and the purpose of travel.
4. Photocopy of the Principal Applicant�s valid visa (if applying separately).
5. Original Marriage Certificate (for spouse) along with your entire wedding photo album.
6. Original Birth certificate (for each child).
The one that stands out is #4.
Since I am in the US and have NOT gone for Visa Stamping, how can we furnish this..??
Thanks
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davoutplantaire
02-17 06:02 PM
Hello everybody,
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
this is my first post on these forums, I've been reading around a fair bit for the past couple of weeks on immigration related websites, and especially IV.
As it has been so far the best source of information for me I want to ask a question that is pretty confusing...
From what I understood, being eligible for EB-2 is one of the best ways to get a GC in a reasonable delay (let's say around a year according to the first post of unitednations on http://immigrationvoice.org/forum/showthread.php?t=3250).
From what I understood that would merely require to have an arrangement with a company willing to help you in the tedious path to a GC instead of owning you with the H1-B.
There is where my question comes about EB-2 elibility as I'm really confused about the value of my french engineering degree in IT (5 years college, Diplome d'Ingenieur) and the possibility to find a position eligible for EB-2 that wouldn't require experience.
So my question consists of two parts :
- Is there any way to officially check that my degree is equivalent to an US Masters Degree ? (Wikipedia says yes, but I couldn't find any authoritative/official source)
- Is there any way that a position in the IT field that would require such a Masters Degree could be eligible for EB-2 even without work experience requirements ?
Thanks again to all IV folks and other who spend time sharing their precious information.
more...
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amengiv
01-13 12:21 PM
A2k2,
Did they ask you to provide I693(Medical) and I684(Affidavit of Support) during your last interview? I believed I had submitted I693 when I applied I485 and I684 is for family-based immigration. Is this right?
Thanks a lot in advance!
Andrew
Did they ask you to provide I693(Medical) and I684(Affidavit of Support) during your last interview? I believed I had submitted I693 when I applied I485 and I684 is for family-based immigration. Is this right?
Thanks a lot in advance!
Andrew
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sagittarian
05-08 04:07 PM
Folks,
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
I will get my H1B this October. How long should I stick with the same company before transferring? I read somewhere that I should stick with them for atleast 3 months after Oct 1st. Is this true?
more...
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kaisersose
08-06 03:37 PM
Given the volume of questions o this topic, we can do a FAQ on this.
PM me if you think that is a good idea and we will work on it.
PM me if you think that is a good idea and we will work on it.
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morchu
05-27 12:44 PM
Wrong info.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
Denial of "extension of stay" wont invalidate "visa stamping".
also if you get denial stamp no longer be valid. This is what I also read online.
more...
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ferozmd
09-21 04:12 PM
I'm in the same boat.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
Applied for 485/Ap/EAD on July 18th. Pending I140 was approved on Sep 14th. Checked online status the same day and LUD was 9/14.
After reading your post today, I checked the online status again and the LUD is 9/17.
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acecupid
07-16 12:42 PM
Recently I renewed my Advance Parole (AP), USCIS renewed it for 9 months only. Is it possible to check with USCIS to get a 1 year AP.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
Thanks!
You must have applied 120 days in advance or many days in advance before old AP expiry. USCIS issues AP from the date it was approved so you tend to lose some months. I have heard some other members include a cover letter which says AP start date should be from date of expiry of old AP. Since you already got the document, I doubt you can do much about it. You may lose 2-3 months just trying send it back and requesting it to be corrected. I guess next time when you renew keep the cover letter in mind.
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manderson
10-17 12:29 PM
I got referred to the following 2 attorneys when I was thinking about the Eb-5 scheme via the Seattle City investments. I heard both of them are very good.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
can u tell me more about this Seattle City investment? u can PM me if u want.
Lincoln Stone in LA, lincoln@lskglaw.com
Bob Gaffney in SF, rpg@usvisanet.com
can u tell me more about this Seattle City investment? u can PM me if u want.
PDOCT05
11-19 12:30 PM
Congrats man...what date did you do the resubmit?
jthomas
03-30 02:38 PM
My I-485/I-140 were filed on Jul 2, 2008 (I-140 approved in 9/2007). I possess an EAD valid till Sep 2010 and AP valid till Aug 2009. I lost my job (H1B) in late January. I have a family emergency compelling me to travel to India for a week (starting Saturday next week 04/04/2009). Will there be any problem in terms of using my AP to re-enter the U.S? An early reply would be appreciated. Thank You very much in advance.
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
P.S: I do not have a job yet.
If you list your skillset maybe someone would be able to help you as soon as you return. By the way, most of the members knows a tons of rectruiters and websites.Maybe in the worst case you can tell that you are going to be interviewed by some firms
JThomas
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