Appu
04-06 10:33 PM
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
That's the whole point. There are a lot of moderate republicans who would vote with the dems in the senate on the legalization provisions. If they can get 60+ votes, that would send a strong signal to the house - they would then negotiate away from the Sensenbrenner position. On the other hand, if Kyl and Sessions and Cornyn are all allowed to chip away at the senate bill and weaken the vote in the senate then the final bill will probably end up much closer to the Sensenbrenner version. When Reid says the WH should intervene, he is probably not baiting, just seeking help.
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sabr
09-18 04:44 PM
But if I get out of US and get back with H1b stamping will then I can start again with my current company as H1b while I wil work with EAD for another company full time?
snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
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bigboy007
12-10 02:20 PM
I dont know i can try making it "superset" of what my GC Labor is that way it adds to what they have already its a bigger company btw so hassles in these issues are expected but what is the procedure in intimating USCIS many said no it but where does this Employment verification letter come in to picture.
Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
Designation and pay doesnt matter.
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
Check with the new company whether they can give an Employment verification letter which matches the roles mentioned in ur labor?
Designation and pay doesnt matter.
What matters is a permanenet job offer letter and duties should match the
labor.
Rajesh Alex
more...
HRPRO
01-18 09:30 AM
H-1B is the responsibility of the employer but it is slightly tricky. If the employee is being paid more than the minimum wage quoted, then he/she can be made liable to pay back the full amount. But still attorney fees and other associated costs can be collected back from the employee.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
Either way 4 years is too long a period to hold anyone liable to any employment agreement when it is employment at will and should not have been signed to start with. It is just too late to regret and would be wise to move forward with options best known to you.
div_bell_2003
02-18 08:20 PM
Great piece of info, dude ! :)
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
Just an additional question, what happens if the parents are in the I-485 applied stage and the baby is born outside of US ?
Child born abroad to Lawful Permanent Resident (LPR) may be boarded if
child was born during the temporary visit abroad of a mother who is a lawful permanent resident alien, or a national, of the United States, provided that the child's application for admission to the United States is made within 2 years of birth and the child is accompanied by the parent who is applying for readmission as a permanent resident upon the first return of the parent.
Link for the document (http://www.cbp.gov/linkhandler/cgov/travel/inspections_carriers_facilities/carrier_info_guide/carrier_info_guide.ctt/carrier_info_guide.pdf)
_______________________
Not a legal advice.
US citizen of Indian origin
more...
anuh1
04-23 02:18 PM
If the client is ready to offer employment to you, client will take care of everthing. Why you worry about the law suite? My best guess is he is just threatening you because he will loose money on you. If you want you can scare him saying that you will put a case against him in USCIS by various reasons.
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jessie1981
07-13 04:40 PM
how many ppl are gonna be there? It must be very hot wearing a suit.
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LostInGCProcess
11-10 03:56 PM
Hi forum users,
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.
Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.
My wife is on h4 visa and we have found a volunteering position for a profit company.
Is it legal for people on h4 visa to volunteer (meaning not getting paid any type of salary) for a profit making company.
You may ask why we are doing this, if we dont make money, we are doing this to gain experience here.
So that once we get our EAD we can use it to work.
Does any one have any information about this. Because it is not a non-profit company it is a profit making company.
The field is not IT , it is drug and pharmaceutical related and is mainly bio-tech.
Thanks.
The answer is a BIG NO. If that job, for which your wife wants to volunteer, is technically a paying job, then he/she cannot volunteer, being on H4 who can't work.
Consult an attorney to make sure you are not unintentionally crossing the legal/illegal line and breaking any immigration rules.
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akred
07-25 08:04 PM
I have found that SBI is the most cost effective one. There is some inconvienience as you have to register with them, but every transfer after that can be accomplished with a fax to their offices.
more...
little_willy
08-25 03:16 PM
So, I guess she cannot continue to work on H1(company B) upon returning using AP(got as my dependent thru Company A) !!!?? am I correct?
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
Are you sure about this? I don't think this is true. My wife entered using AP and works on H-1B. Note that she is a derivative on my I-485 and works on H-1 for a totally different employer.
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wandmaker
11-18 06:48 PM
enggr: You have completed the course in 2000 (per course completion certificate), but your degree was awarded in 2002 after you completed a supplemental exam. Since the position requires a candidate who qualifies for EB2, USCIS will deny your 140 petition. IMHO, you will have to start your green card journey from scratch.
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ashkam
12-15 08:37 AM
Probably his problems are due to H 4 visa situation where as his 140 approved and got EAD.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
Option 1) Get work on EAD, send your wife back to India and get her on Follow To Join.
Option 2) H1 transfer, she can stay. Apply labor/140 again and port the 140 priority date apply for 485, when date becomes current.
But option 1 is far far better, even it needs little sacrifise from your spouse point of view.
Or she can continue to stay by switching to F1 status.
Thai is the best way.
Why would he have to redo his labor and I-140? Why can't he just use AC21 even with H1 transfer?
I would say the best option (if possible) is to try and get his wife on an F1 visa as a backup plan for the fall 2009 semester.
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lvinaykumar
05-14 01:04 PM
i dont see change in any of the dates...... :D
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hydboy77
10-07 06:19 PM
Yes things are really bad. You are lucky that your company is even willing to consider filing eb2 other companies are not even filling willing to file eb3 perm. They dont want to apply any perm at all. On an average DOL is taking 9 months to approve perm, if it eb2 there is a good chace of getting audited and that will takes a couple of years.
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
As far as I know the business necessity statement is required whenever you apply for a Eb2 requirement (MS or bachelors+5) when according to DOL the job does not require a EB2 (basically the position you are applying for perm does not require EB2 but requires eb3 according to DOL but you are saying this position requires eb2 and not eb3). almost all jobs in IT according to DOL do not fall under EB2 they fall under Eb3, so every eb2 perm has a very good chance of getting audited. This situation has been further worsened by the economy and also the line cutters who try to jump from eb3 to eb2 by reapplying. DOL has caught on to this abuse just like they caught up with the labor sale(labor substitution) and abolished labor substitution. Similarly DOL is cracking down on any eb2 perm especially those who are reapplying. Before someone asks how does dol know you are trying to jump line by reapplying in Eb2, DOL knows because of the following information they ask in ETA form
"1. Are you seeking to utilize the filing date for a previously submitted application for Alien Employemnt Certification (ETA 750)?"
"1-A. If Yes, enter the previous filing date"
"2-A. "Indicate the previous SWA or local offiice case number OR, if not available, specify the state where case was originally filed:"
I would really love to hear comments from ppl who can relate to this possibly with some first-hand experience in going through this stage!
My labor cert was filed just this February (been about 8 months now). The application was put in as EB2 with the minimum requirements being - Masters + 3 yrs, or alternatively, a Bachelors + 5 yrs.
Now the law firm has contacted my manager asking her to prepare a "Business Necessity Statement" for a "POSSIBLE" audit! (note the word "possible", its not really an audit yet). They want my manager to explain why a Masters and 3 years is better than a Bachelors + 5 yrs for this job, and stuff like that.
Preparing a business necessity statement if there was really an audit is understandable, but this request from the law firm makes it look like they're more than certain that there will be an audit on my application. Have things gotten that bad really? Or is our law firm just pre-emptively preparing for the worst? Just to let you know, there are other ppl at my office with my similar job profile, whose labor cert has also been applied for as an EB3 (requiring only a Bachelors and work experience).
How scared should I be realistically about the possibility of an audit? And how realistic is it in this day and age to actually get an approved labor cert after responding to a business necessity audit.
Also, here's an excerpt from the email that the law firm sent to my manager. Can anyone of you suggest what kind of "additional documentation" they are talking about including with all the explanation for business necessity?
"All business necessity arguments must be evidenced via supporting documentation. Please note that the DOL prefers �independent� forms of documentation to statements from or information created by <companyname>. Make sure to be reasonably specific and identify the sources and bases for your assertions in the context of <companyname>'s business. Independent documentation that contains financial justification(s) to substantiate the business necessity argument will be particularly helpful."
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Jitamitra
07-21 01:14 PM
Any updates?? Bump up
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pcs
01-21 05:10 PM
Please send email invitations to different associations though this link.....
http://www.going2usa.com/education/isa.html
This should get us a lot of young members
http://www.going2usa.com/education/isa.html
This should get us a lot of young members
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arnet
11-24 06:20 PM
thatz gr8, always dont lose hope, keep trying....good luck...
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
Thanks arnet ,
As you mentioned i kept checking the chennai consulate, and it opened up like a blessing in disguise, with slots again and i was able to get my dates .Only problem was it forced me to cancel my earlier appointment and redo all the application again .That was because i had booked an appointment with Mumbai consulate in distress of not finding any with chennai .
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learning01
04-06 10:28 PM
In the evening, problems: a meltdown over process.
Two issues:
1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.
Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.
Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.
2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.
Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)
Two issues:
1. Democrats want to limit the number of amendments that can be debated on the deal. GOP opponents to the bipartisan deal have a slew of amendments they want to offer.
Durbin said an anticipated large number of amendments would be the equivalent of a filibuster.
Republicans, including Sen. John McCain (R-Ariz.), who helped broker the bi-partisan immigration provisions, said this is an unfair demand from Democrats.
2. Democrats want Senate Majority Leader Bill Frist (R-Az.) to agree in advance who he will pick to be on an immigration bill House-Senate conference committee.
If the Senate passes an immigration bill, it will be vastly different from the measure the House passed on Dec. 16. The two versions would have to be reconciled if a bill is to get to the president to sign. A bill can be virtually rewritten at this stage.
``We are concerned whether or not this Congress will have the strength to go up against Jim Sensenbrenner,�� said Durbin.
Read my post in IV News Article Thread: (http://immigrationvoice.org/forum/showpost.php?p=7424&postcount=164)
leoindiano
07-09 01:38 PM
I submitted for PP on June 19th, status never got updated ; lawyer received approval copy on july 5th
even now?
Thats strange.....
even now?
Thats strange.....
diptam
07-17 12:09 AM
I mean i filed without both of those. Theyare required in the 140 phase , not in 485.
But keep them handy - in case they wants mail by next day air
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
But keep them handy - in case they wants mail by next day air
Hi,
My attorney is requesting that I need to submit Tax return for filing AOS.
I had sent W2 forms
Is tax return separate from W2 , I am confused..:confused:
Pls help
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