bigboy007
12-10 04:23 PM
Pay scale : My initial labor is approved with Company A with Payrange of 48K thereafter i am getting around 79K with the same employer and around the time when my 140 is applied and approved + 485 filed.
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
Now new job with be around around payscale of 85k etc how does it effect ? based on following lines i used to get similar amount when my 140 is filed.
PPL SAY
The Yates Memo (2005) explained that a difference in the wage offered on the approved labor certification, initial I-140 and the new employment cannot be used as a basis of a denial, as long as the case meets occupational classification requirement. However, a significant discrepancy in salary may be a factor in determining whether the new job is "same or similar."
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rishikesh75
11-09 10:28 AM
Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
natrajs
04-21 02:39 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Congrats and Best Wishes
Good luck to everyone.
Congrats and Best Wishes
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smuggymba
08-13 01:48 PM
Total H1Bs sponsored by the dirty 4 Indian companies are 12000 multiplied by $2000, gives 12 million if you add same no of L1 visas its only 24 million not 600 million. Obama requires a calculator .
ROFL....obama needs a calculator
ROFL....obama needs a calculator
more...
eb3retro
05-29 10:30 PM
I have an emergency to go to India to take care of my sickly mom and I need to return back to work on July first. I am also trying to get emergency appointment. I couldnt. Could you please suggest the way I can get emergency appointment in any of the consulate.
sent u a pm pls respond. thanks
sent u a pm pls respond. thanks
freakin_gc
01-31 02:15 PM
Thanks for your feedback..won't you think column 15 in lc won't help? it mentioned as 'Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements'. I also submitted an educational evaluation...
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
Column 15
Travel and/or relocation required
*compluter Applications, Computer Information Systems, Electrical, Mechanical, Mathematcis, Physics or its foriegn Education Equivalent. Will accept any suitable combination of Education , training or expeirence in lieu of stated requirements.
There is a high possibility that you will get an RFE and you will need to reply for the RFE.
Service centers does not consider three year degree course from India as degree equivalent from here. They want minimum four year degree. This may upset you. You may need to talk with your Attorney and look for an alternative to stay in US.
more...
chanduv23
11-10 03:35 PM
--- bump ---
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
so many views but no replies yet :(
Yes, you can, but must not get paid. the work must be volunteer work only. My wife was involved in cardiology research for 3 months while on h4. She was not paid - she was just a volunteer.
I would recommend - not to get into unpaid work stuff. This is from personal experience. My wife was unpaid volunteer at Emory Cardiology research , and was being exploited - they found her to be good at work and started dumping all work to her - she was completing charts of paid employees and was working like hell because they set deadlines for her. We were furious and I pulled her out.
When she requested that they give her a recommendation letter for all the work she did - they were reluctant to do it and started yelling at her and were extremely rude so that she wont ask again - they bullied her into signing a document that would strip her name off all publications. Finally after a lot of persistence and insisting, they gave a letter of recommendation.
The reason I write this stuff is - to warn you all - do not get into this kind of stuff. The world is very exploitative and we cannot trust workplaces or people around us.
Use time on H4 for some good stuff - volunteer for IV or there are so many things you can do.
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raj2007
02-10 11:23 PM
Keeping H status for the Primary applicant (H1B) may sometime act as 'failover pair' ... But in these days of Highend Retrogression (specially if you are from India/China/Mexico) getting a GC would take 7-10 years - does it makes sense staying in H1 even for the Primary ???
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
I mean personally i've lived ( read 'did slavery') in US for sponsoring employees in H1 for 8 years and i wish to keep H1 as 'failover pair' but doing another 2nd term of slavery of 8 years till GC approval/denial comes - that has no sense at all. Its a 'No-Brainer' ....
Moreover the depends - peoples who are new in this country 2-3 years and got EAD due to July Fiasco they can still continue H1 game but folks who already lived 6-7 years on H1B they can easily go to market and play...
Advantage :- One advantage of EAD also is that if you lose your Job there is nothing called "revoke EAD" like "revoke H1B" so you can sit Jobless and sleep over for entire 8 years if you want and able to do :) :)
I agree with you..it depends how much time is left on H1.he can easily switch to H4
more...
permfiling
01-19 09:59 AM
All the written agreements are valid in most of the states. but you can argue on the terms of agreement. He cannot ask her to stay in the company for 4 years. If she works in that company for 1 year, her employer should recover all the money he spent on her.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
The best way is to work there for 1 or 2 years and walk out without paying anything. Or just pay the filing fee and get out right away.
You are right Chris, last year few folks left the company and the company downsized as well. The only way to retain ppl and make them sweat is to hire H1's with the promise of GC who will be obliged to work.
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josecuervo
07-15 02:54 PM
My Priority date is Feb 1st 2006. I got my 140 approved some time in May 2006 and Here I am today..
Congratulations. !!!
my pd is close to yours. see my signature. good luck
Congratulations. !!!
my pd is close to yours. see my signature. good luck
more...
akhilmahajan
09-27 09:38 AM
yesterday in Lou Dobbs i heard that an illigal immigrant who was arrested at the border of mexico stole the border patrol vehicle and drove back to mexico in that vehicle. Later helicofters were sued to recover the vehicle. LOL...!!!!
I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.
Sometimes i feel its high time to reconisder the US dream...!!!!
You did not do anything wrong. The American Dream was there to be followed and u followed it. So u did nothing wrong in following it.
But what we need to do is to work hard on achieving it. Used to be easier in the 90's, just have become harder and harder in 21 st century. I think we just need to work dilligently and harder to have our voices heard.
So folks this is good time to make ourselves heard. The iron is hot and lets keep on making them hear us.
Please join your state chapters, meet ur senators. Let them keep on hearing us.
GO IV GO
TOGETHER WE CAN
I watch his program every day as i reach home at the start of this program. I watch anxiously hoping they might mention somewhere for atleast for 10 sec about legal immigrant...but they never...!!!Jsu tjsut keep mentioning about illigal immigrants whole hour of the show.
Sometimes i feel its high time to reconisder the US dream...!!!!
You did not do anything wrong. The American Dream was there to be followed and u followed it. So u did nothing wrong in following it.
But what we need to do is to work hard on achieving it. Used to be easier in the 90's, just have become harder and harder in 21 st century. I think we just need to work dilligently and harder to have our voices heard.
So folks this is good time to make ourselves heard. The iron is hot and lets keep on making them hear us.
Please join your state chapters, meet ur senators. Let them keep on hearing us.
GO IV GO
TOGETHER WE CAN
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JDM
08-27 12:18 AM
bump^^^^^^^^^^^
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xgoogle
08-20 01:48 PM
I just called USCIS and according to the person I spoke with, it takes approximately 30 days from the date of approval of primary applicant for approval of dependents.
I doubt if that is the case. I know people where the whole family got it.
Also check out this other thread:
http://immigrationvoice.org/forum/showthread.php?p=279578&posted=1#post279578
I doubt if that is the case. I know people where the whole family got it.
Also check out this other thread:
http://immigrationvoice.org/forum/showthread.php?p=279578&posted=1#post279578
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ski_dude12
04-12 11:39 AM
I had got a similar enquiry from DOL couple of years back. They were explicit in asking about being paid while on bench. In my case I have had minimal bench time and hence answered accordingly. I am sure there must be other employees in my company (desi IT consulting) who are getting paid irregularly.
I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.
I do not think it will effect your new H1B decision. Bottom line is do not lie. If you don't want to tell the truth, don't reply to them.
more...
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cagedcactus
11-21 06:54 AM
Yes pappu, you are right.
I just sent the email explaining the proper differences between H-1B and Immigration catagories.
I just sent the email explaining the proper differences between H-1B and Immigration catagories.
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Maverick1
11-13 04:43 PM
Hi Guys,
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
What is your PD and country ? A lot depends on these two factors. Is this the status against your I485 ? or 131 ?
I verified my 485 Application status online and this is what I found can you guys tel what could this mean.
My I140 is not approved yet.
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Current Status: Document mailed to applicant.
What is your PD and country ? A lot depends on these two factors. Is this the status against your I485 ? or 131 ?
more...
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yabadaba
06-22 10:05 AM
To Hemasar
No- You better get you act straight.
Your post heading said "TB skin test is not mandatry"
So that implies it is not required. also the correct spelling is mandatory.
The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.
http://www.murthy.com/news/n_tbtest.html
Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.
No- You better get you act straight.
Your post heading said "TB skin test is not mandatry"
So that implies it is not required. also the correct spelling is mandatory.
The solid evidence is the number of RFEs that have been issued by USCIS if you do not have a skin test.
http://www.murthy.com/news/n_tbtest.html
Don't come around here with your 27 posts with absolutely no basis telling people this or that is not mandatory. If you have an ulterior motive in people getting RFEs, then shame on you.
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gccovet
09-04 09:39 AM
Hi,
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
I apologize in advance if this has been discussed before.
My case:
Currently working on H1 with Company CURR, on 8th year of H1,
H1 validity Dec 2009.
I-140 approved > 180 days,
I-485 filed > 180 days
Currently have 2 year validity EAD.
Getting offer from NEWEMP. NEWEMP ready to "transfer" H1B. (Job duties and title same/similar)
Question : If I get H1 "transferred" to NEWEMP (basically work on H1 and NOT EAD), and CURREMP revokes I-140, will this effect my GC process. I intend to work on H1 and keep on renewing EAD based on i-485 filed. NEWEMP will be providing AC21 letter which will be send to USCIS after I join them.
1. Will there be any effect to my GC process in case CURR Company revokes I-140?
2. Can I keep on renewing EAD even though I would work on H1 with NewEMP?
I would appreciate any input on this matter. I need to take some decision very soon.
Thank you all.
Regards
GCCovet
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sromil99
03-26 03:16 AM
Which Consulate you went for renewal?
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
It looks like case of establishing Employee - employer relationship and RFE is requested for the same.
You work for comp A which has contract with Comp B and Comp B makes you work for Comp C.
You need contract between Comp B and Comp C as well.
Search for Employer Employee memo, which was issued in Jan 2010 y USICS, that should clear the picture for you.
Note: I am not a professional, these comments are FYI only, pls seek professional advice for details.
shaikhshehzadali
07-16 07:16 PM
Lets not count the chickens before they are hatched. Its entirely plausible that if anything favourable comes up, its due to combined efforts. Lets not fight out yet, as if we havent seen anything concrete yet.
cheers
It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
cheers
It's pretty strange..I really don't understand...why the entire credit is either being given to IV...or for that matter to AILA/AILF....Everyone has contributed....
People about to file I-485 have spread the word to everyone abt the injustice done to them...whereas each organization has done its own thing...
I won't blame or taunt AILA/AILF....because the idea of class lawsuit itself would have scared a lot of people in USCIS.....that also coming from legal organization...And filing a lawsuit takes time...there r lot of things to be considered..
Googler
06-18 08:23 PM
Instead in CIR Section 531 (COMPLETION OF BACKGROUND AND SECURITY CHECKS) takes away the right for courts to rule on writs of mandamus filings:
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
"(k) Prohibition of Judicial Enforcement- Notwithstanding any other provision of law, no court may require any act described in subsection (i) or (j) to be completed by a certain time or award any relief for the failure to complete such acts."
please please stop reading the old bill
the new one is on the iv home page
or in thomas look at sa.1150 under the s.1358 bill
Thanks for pointing that out Paskal. I stand corrected.
S.A. 1150 Section 216 (http://thomas.loc.gov/cgi-bin/query/F?r110:2:./temp/~r110MkRgxl:e138316:) says:
SEC. 216. STREAMLINED PROCESSING OF BACKGROUND CHECKS CONDUCTED FOR IMMIGRATION BENEFITS.
(a) INFORMATION SHARING; INTERAGENCY TASK FORCE.--Section 105 (8 U.S.C. 1105) is amended by adding at the end the following:
``(e) INTERAGENCY TASK FORCE.--
``(1) IN GENERAL.--The Secretary of Homeland Security and the Attorney General shall establish an interagency task force to resolve cases in which an application or petition for an immigration benefit conferred under this Act has been delayed due to an outstanding background check investigation for more than 2 years after the date on which such application or petition was initially filed.
``(2) MEMBERSHIP.--The interagency task force established under paragraph (1) shall include representatives from Federal agencies with immigration, law enforcement, or national security responsibilities under this Act.''.
(b) AUTHORIZATION OF APPROPRIATIONS.--There are authorized to be appropriated to the Director of the Federal Bureau of Investigation such sums as are necessary for each fiscal year, 2008 through 2012 for enhancements to existing systems for conducting background and security checks necessary to support immigration security and orderly processing of applications.
(c) REPORT ON BACKGROUND AND SECURITY CHECKS.--
(1) IN GENERAL.--Not later than 180 days after the date of the enactment of this Act, the Director of the Federal Bureau of Investigation shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the background and security checks conducted by the Federal Bureau of Investigation on behalf of United States Citizenship and Immigration Services.
(2) CONTENT.--The report required under paragraph (1) shall include--
(A) a description of the background and security check program;
(B) a statistical breakdown of the background and security check delays associated with different types of immigration applications;
(C) a statistical breakdown of the background and security check delays by applicant country of origin; and
(D) the steps that the Director of the Federal Bureau of Investigation is taking to expedite background and security checks that have been pending for more than 180 days.
Doesn't promise any results and it is not clear if this extra appropriations will be used for the much ballyhooed transformation that Michael Cannon says might kick in in 2010, or for clearing the current backlog BUT is much better than trying to take away the right to file mandamus suits. Also leads us to believe that 180 days is the acceptable amount of time for a namecheck.
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