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saimrathi
06-08 04:07 PM
LC is Certified this week.
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bkshres
04-07 04:07 PM
Even I am in similar situation. My EB3 ROW has PD of March 2006 (RD July 2007). I am not sure when my EB3 case will get approved. I have masters degree and 6 years of work experience. I can change job and get EB2 started. But will it help? Because going to new job and going through labor might take a year or more.
Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?
Could anyone please suggest whether I should change job at this point of time or wait for my EB3 case to approve?
radhagd
02-20 09:21 AM
Yes you can use your Company A experience for applying EB2 in COmpany B.
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ranand00
07-13 02:20 PM
Hi
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
more...
bsrik77
07-30 01:32 PM
I applied for my I-140/485 together in the last week of June. I havent got the receipt numbers yet. My wife is on H1 and since she is not the primary application on my 485 forms, is it okay if she changes her job. Will her H1 transfer affect both of our applications.
GC Struggle
04-21 10:44 AM
As long as you are matching the wage on teh LC you should be ok
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Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
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GC_LOOKIN
12-12 01:09 PM
Thanks Nashorn..
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ramausa
09-04 05:13 PM
thanks for your reply.what do you mean by consular processing?
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
could i do anything to retain my L1 visa status?
my current H1 employer is least helpful.i am getting worried and would like to continue in L1 for few months until i get a suitable opportunity.pls tell me how i can do that.
pls help.
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valuablehurdle
06-27 06:22 PM
Hello Folks:
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
This long wait for Green Card has made me think about a number of things...
A few days back a couple of my friends have recieved notices from USCIS are sending notices 'Intent to Deny their I-485' w/o any rhyme or reason. Employer says they have not withdrawn their I-140. They said they will appeal but if nothing happens they will go back to India.
Just worried...if this happens to me and I am forced to go out of the country in 30 days, what happens to my US loans. I do not think I would be able to repay back my home & car loans with an Indian salary if I return. In this market I can only sell at a huge loss. I also used US Line of credit for education purposes. Do I need to file bankruptcy? I am on a EAD right now...
Any thoughts on this... greatly appreciate ....it
more...
suryamnb
11-15 04:36 PM
Does any one got "AP" approved, who applied in the month of august?from NSC.
Hi,
I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
EAD card received on Nov 9, AP travel doc received on Nov 14th.
FP Notice received on Oct 30, scheduled for Nov 27.
Thanks!
Hi,
I filed my 140/485/EAD/AP on Aug 17th, Got receipts on Oct 30,
EAD card received on Nov 9, AP travel doc received on Nov 14th.
FP Notice received on Oct 30, scheduled for Nov 27.
Thanks!
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gccovet
08-04 08:56 AM
cool, congrats.!!
USCIS works in mysterious ways!!!
enjoy
GCCovet.
USCIS works in mysterious ways!!!
enjoy
GCCovet.
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pappu
03-15 08:48 PM
You may consider filing a lawsuit for delays. Talk to a good litigation lawyer.
Read my earlier post
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
Read my earlier post
http://immigrationvoice.org/forum/showpost.php?p=228068&postcount=8
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rajeshalex
07-17 08:28 PM
Hi All,
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
Earlier USCIS has announced a fee hike from this month end. Ideally they should extend that fee hike till Aug 17th.
Anyone got any clues?
Thank You
Rajesh Alex
more...
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sanjay
07-10 04:44 PM
Visa Bulletin
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Instead of update, I request mod's to close this thread. Krupa, just browse this site and you will find more than 4 or 5 threads already open on this topic. Does it makes any sense opening a new thread for each and every doubt you get regarding VB? Let's keep this site clean with minimum threads else our site will go blogs way, with no content and no fizz.
Number 108
Volume IX
Washington, D.C.
The Visa Bulletin for July 2007, posted on June 12, must be read in conjunction with the Update of July Visa Availability, posted on July 2.
The Update of July Visa Availability, posted on July 2, must be read in conjunction with the Visa Bulletin for July 2007, which was posted on June 12.
In put by Krupa:
=============
Why DOS issued the above mentioned new bulletin on 9th July 2007 ?
What is the legal implications before and after issuing this bulletin ?
Any one can update this thread please?
Instead of update, I request mod's to close this thread. Krupa, just browse this site and you will find more than 4 or 5 threads already open on this topic. Does it makes any sense opening a new thread for each and every doubt you get regarding VB? Let's keep this site clean with minimum threads else our site will go blogs way, with no content and no fizz.
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dgs
07-17 07:57 PM
Hi folks,
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
Could someone please point me to a Marriage Certificate Translation service9s)?
It's in Marathi and has photos, legal fee stamps and seals on it and I would like to retain the look as much as possible.
I kinda searched this website, but the search engine doesn't take you to a specific post in a thread. Instead it just brings up all threads that contain a post with the search keyword. After navigating through a few pages with no luck, I gave up and hence the (potentially redundant) question!
With another opportunity for Adjustment of Status around the corner, I want to get this asap.
Thanks.
more...
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Anders �stberg
May 19th, 2004, 12:49 PM
What do you think? Is this anything?
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Giles08
03-31 11:18 PM
Hello everyone:
I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.
Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.
I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?
Thanks!
I got my first H1-b on May 2007 (receipt data April 28, 2007 and notice data May 10, 2007) with company A. I transferred the H1-b to company B and got approved on December 2007. Company A revoked the H1-b and but got REF for additional evidence.
Company A is supposed to receive the approval notice of the H1-b revocation. However, strangely, days ago, company A received the I-797A approval notice (receive data April 28, 2007 and notice data March 26, 2008) from USCIS, which has the same receipt number as the one approved on May, 2007 except that the notice date is changed to March 26, 2008.
I have a big concern that according to the rule of �last status count�, does the H1-b with company A will replace the H1-b with company B (I am currently working in company B with H1-b)? What is my status now? Can I keep the two H1-bs at the same time or I have to cancel the H1-b with company A again?
Thanks!
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srikanth003
02-28 10:47 AM
Thanks for your time and consideration. I was of the same opinion till now. But getting a little flustered lately, since my I-94 end date is 10-Jun-2011. I could not check back with my employer if they would be doing a premium one. Because once I raise any such queries, they might start the process now itself to avoid last minute submissions. Since there would be questions from them on why did I delay till now etc :(
Thats the fix I am in now.
Thats the fix I am in now.
rockstart
03-31 01:30 PM
I was in same situation, My Labor & I 140 was approved before I got married and at the time when I was applying for my wife's H4 visa and we answered it NO since none of those applications had her linked any where.
Hello,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
Hello,
My wife is planning to attend for a H4 Visa Re stamping. I have couple of questions regarding the visa application process. Appreciate if you can help me with my questions
1) In DS156 should my answer to the Question� �Has Anyone Ever Files an Immigrant Petition on your behalf� be NO. FYI, my 140 is approved and waiting on 485 priority date. I don�t think I gave my wife�s name yet in my labor or 140 approval process
2) There is a section to be filled in VFS website called� Petition Details from 797/. I assume that principal applicant would be me. However I am not sure what to fill in the following questions
Petition Receipt #
Petition Expiration date
Petitioner Name: I assume it is my company name
Is the above info to be filled in from My 797 ( case type I129)or my wife�s 797( case type I539) Receipt #?
Please advice
Thanks,
cr125rider
04-24 10:37 PM
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