krishna_brc
07-01 11:08 AM
I think AC21 is applied not just to AOS but also to H1. I will be consulting murthy lawyers regarding this as I need to get an answer for this.
Yes, AC21 is applied to safeguard H1 journey beyod 6yr as long as you have an approved/pending 140 and Labor.
Once I-140 is cancelled the above won't work.
Please let us know if you find otherwise from the Immigration Attorney.
Yes, AC21 is applied to safeguard H1 journey beyod 6yr as long as you have an approved/pending 140 and Labor.
Once I-140 is cancelled the above won't work.
Please let us know if you find otherwise from the Immigration Attorney.
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lskreddy
04-25 04:46 PM
Nice idea. Networking and referrals are the best way to stay on top of market trends and opportunities. I would be willing to help as well..
If at all possible, it would be nice to keep it separate from IV's web portal. While we may all do with best intentions and pass on opportunities to friends and family, including those who have GC's and citizens, if part of IV's portal, it can be construed by some ill-folks that we are scheming to pass on jobs to H1-B's and the like.
So, just tread carefully, but otherwise a wonderful idea.
If at all possible, it would be nice to keep it separate from IV's web portal. While we may all do with best intentions and pass on opportunities to friends and family, including those who have GC's and citizens, if part of IV's portal, it can be construed by some ill-folks that we are scheming to pass on jobs to H1-B's and the like.
So, just tread carefully, but otherwise a wonderful idea.
ryan
02-16 04:49 PM
* Conservative Republican Rep. Issa of California introduced a bill to eliminate the diversity lottery progam and replace the numbers by the U.S. educated STEM Ph.D. immigration. This bill has been pending in the House Judiciary Committee.
* Yesterday, another conservative Republican from the Virginia, Rep. Bob Goodlotte, introduced another bill, H.R. 704, with 12 ultra conservative Republican cosponsors, to eliminate the diversity lottery program. (VA).
I appreciate we are all in queue to have that resident card. Most, if not all amongst us have been fortunate to have an education, travel, find work and a livelihood here in America. However, there are the less fortunate who may not have the opportunities (or the possibilities) The Diversity Lottery program extends that possibility to those less fortunate, restricted in their lives for whatever reason and so on. Giving people an opportunity so they too can have a better future is (one of the) beauty of this land. This also brings more diversity to the land, where people of different backgrouds / origins come together. Personally, I find it all quite fascinating, because I grew up in a multicultural town, where people hardly integrated. Everybody formed their own little “towns”. Anyway, I for one, do not support the removal of this program in its entirety, because I do not believe someone with a Masters (I have one) or a PhD education, should have more privileges (in addition to what's on hand) to folks who may not have any? Anyway, it’s just an opinion.
* Yesterday, another conservative Republican from the Virginia, Rep. Bob Goodlotte, introduced another bill, H.R. 704, with 12 ultra conservative Republican cosponsors, to eliminate the diversity lottery program. (VA).
I appreciate we are all in queue to have that resident card. Most, if not all amongst us have been fortunate to have an education, travel, find work and a livelihood here in America. However, there are the less fortunate who may not have the opportunities (or the possibilities) The Diversity Lottery program extends that possibility to those less fortunate, restricted in their lives for whatever reason and so on. Giving people an opportunity so they too can have a better future is (one of the) beauty of this land. This also brings more diversity to the land, where people of different backgrouds / origins come together. Personally, I find it all quite fascinating, because I grew up in a multicultural town, where people hardly integrated. Everybody formed their own little “towns”. Anyway, I for one, do not support the removal of this program in its entirety, because I do not believe someone with a Masters (I have one) or a PhD education, should have more privileges (in addition to what's on hand) to folks who may not have any? Anyway, it’s just an opinion.
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cbpds
04-02 02:21 PM
why did he have to wait for 6 years to file for labour, he could have done it well before right?
Waiting for 6 years to know this is very tragic. Run your situation by a lawyer (not your company lawyer). You may find some workable options. Good Luck.
Waiting for 6 years to know this is very tragic. Run your situation by a lawyer (not your company lawyer). You may find some workable options. Good Luck.
more...
bidhanc
05-12 08:20 PM
Guys,
Has anyone applied for AP renewal online?
E-file that is?
Is it straight forward?
Has anyone applied for AP renewal online?
E-file that is?
Is it straight forward?
cinqsit
02-01 12:19 PM
Hi,
I had a similar case, and we could solve it. For company's ability to pay, USCIS considers following things:
1. The W2 wages should be more than or equal to the proferred wage on PERM application. Keep in mind, its not only the current W2, but the all W2s starting from PERM file date (i.e. Priority Date). Any bonus, stock options, retirement options do not count. USCIS would need to see the money on W2.
2. If the money on your W2 is less than proferred wage for any fiscal year, then your company has to prove that they had enough money (in bank account or other assets) to pay the DIFFERENCE between the proferred wage and W2 for that year. There are two ways to prove it:
a. Company's net income (i.e. profit) for that particular fiscal year is more than the difference between W2 and proferred wage.
"OR" (its not "AND", its "OR")
b. Company's net worth for that particular fiscal year is more than the difference between W2 and proferred wage
In my case, my W2 was substantially less than the proferred wage. Moreover, the company's net profit in was not enough the bridge the gap. So I basically survived by the fact that my company's net worth (after excluding all the current liabilities) was more than the gap. I guess, in most of the cases, company has enough cash or assets to prove they are not debt ridden.
Let me know if you have any other related question.
Thanks
Deepak
Hi Pickle,
The tests above from dagrawal are the only ones USCIS is supposed to use for ability
to pay issues.
For them sending anything else (paystubs before I-140) wont work. or saying
the company is now on a upswing or anything like that is useless. By law (or
by a memo) they are required to use these three tests.
Please read previous threads on this issue and consult a good attorney if your
current attorney is not being helpful
cinqsit
I had a similar case, and we could solve it. For company's ability to pay, USCIS considers following things:
1. The W2 wages should be more than or equal to the proferred wage on PERM application. Keep in mind, its not only the current W2, but the all W2s starting from PERM file date (i.e. Priority Date). Any bonus, stock options, retirement options do not count. USCIS would need to see the money on W2.
2. If the money on your W2 is less than proferred wage for any fiscal year, then your company has to prove that they had enough money (in bank account or other assets) to pay the DIFFERENCE between the proferred wage and W2 for that year. There are two ways to prove it:
a. Company's net income (i.e. profit) for that particular fiscal year is more than the difference between W2 and proferred wage.
"OR" (its not "AND", its "OR")
b. Company's net worth for that particular fiscal year is more than the difference between W2 and proferred wage
In my case, my W2 was substantially less than the proferred wage. Moreover, the company's net profit in was not enough the bridge the gap. So I basically survived by the fact that my company's net worth (after excluding all the current liabilities) was more than the gap. I guess, in most of the cases, company has enough cash or assets to prove they are not debt ridden.
Let me know if you have any other related question.
Thanks
Deepak
Hi Pickle,
The tests above from dagrawal are the only ones USCIS is supposed to use for ability
to pay issues.
For them sending anything else (paystubs before I-140) wont work. or saying
the company is now on a upswing or anything like that is useless. By law (or
by a memo) they are required to use these three tests.
Please read previous threads on this issue and consult a good attorney if your
current attorney is not being helpful
cinqsit
more...
Life2Live
11-01 03:55 PM
bump
2010 Wallpaper Slideshow LT
gav_sharma
04-14 07:47 PM
not needed
more...
sameer2730
07-17 08:25 PM
Hi All,
My priority date is March 2006 in the EB2 category. I am scheduled to be married to an Indian citizen in December 2010. However, based on the visa bulletin, it seems possible that I might get my 485 approved as early as August 2010. What are my options to delay my green card processing until I get married? What other options to I have to bring my wife to USA in case I receive my green card before marriage?
Any suggestions and advices would be greatly appreciated.
Regards,
S
Why not do a registered marraige first , file her adjustment of status and have a regular wedding in december. It is all in good faith.
My priority date is March 2006 in the EB2 category. I am scheduled to be married to an Indian citizen in December 2010. However, based on the visa bulletin, it seems possible that I might get my 485 approved as early as August 2010. What are my options to delay my green card processing until I get married? What other options to I have to bring my wife to USA in case I receive my green card before marriage?
Any suggestions and advices would be greatly appreciated.
Regards,
S
Why not do a registered marraige first , file her adjustment of status and have a regular wedding in december. It is all in good faith.
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ps57002
09-16 12:47 PM
makes one smile with happiness and pride to see kids standing up and rallying for the right thing. We need to set examples and be positive role models for them. We need to fight for their future...
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chanduv23
10-15 03:28 PM
bump ^^^^^^^^
Please pledge here
Please pledge here
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gc_on_demand
02-02 09:36 AM
My company wants me to give promotion , but as my GC is pending I can't take it. But company says I can take extra money and consider that as promotion. My job duties will be same as what I am doing now. May be I will manage 1 - 2 person under me , who will assist me as a junior report and help me reducing my work load.
Can this cause any problem in GC process ? Also my title in company is what is shown in my LCA ( both H1b and GC ) but employees in my company refer me with different title ( specific to product I work on ) HR says it should not be any issue as if they put my original title under telephone directory and email address book , people will not be able to find me for support they need. ( as you know how generic this title are , company can end up having all IT people with software engg. etc..)
so if USCIS shows up for h1b verification and if they can't find me based on my title in LCA or even employees will not know my true title will be a problem ?
Can this cause any problem in GC process ? Also my title in company is what is shown in my LCA ( both H1b and GC ) but employees in my company refer me with different title ( specific to product I work on ) HR says it should not be any issue as if they put my original title under telephone directory and email address book , people will not be able to find me for support they need. ( as you know how generic this title are , company can end up having all IT people with software engg. etc..)
so if USCIS shows up for h1b verification and if they can't find me based on my title in LCA or even employees will not know my true title will be a problem ?
more...
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sidbee
09-18 03:10 PM
With all the opposition that all the immigration bills are facing, I see little light for them. But how about we call the offices and request them just to end the 'country limit' on Employment based Green Card. Let the Employment Based Green Card be given thru a Fair system and that should be FIFO, when there is no quota on the number of people that enters the country for employment, it is unfair to have a Country Quota for Green Cards. If they can come up with a 5 Line Bill for this, this bill will have least opposition...
when eb2 guys are planning to sue the gov, to stop porting eb3 into eb2 :-)
wouldnt row create issues in this regard...
when eb2 guys are planning to sue the gov, to stop porting eb3 into eb2 :-)
wouldnt row create issues in this regard...
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lazycis
02-05 12:12 PM
Not true. Once you use EAD, even for a part time job your H1 is invalidated.
http://www.murthy.com/Chatdb.asp?Search=PART%20TIME&Type=All&page=2
Question: I"m currently working on H1B full time with a company. If I work part time on EAD for another company, along with my full-time job, will I still lose my H1B visa?
Answer: Working for any employer other than the H1B sponsoring employer means that the person is using the EAD to work for another employer, unless the person obtains another H1B to work on a part-time basis for the second employer. It is not a big deal, since upon travel and reentry a person again may return to H1B status by entering on the H1B approval notice and the H1B visa stamp in the PP.
It's not a straight answer, but it seems that H1 remains valid, otherwise you would not be able to re-validate it.
http://www.murthy.com/Chatdb.asp?Search=PART%20TIME&Type=All&page=2
Question: I"m currently working on H1B full time with a company. If I work part time on EAD for another company, along with my full-time job, will I still lose my H1B visa?
Answer: Working for any employer other than the H1B sponsoring employer means that the person is using the EAD to work for another employer, unless the person obtains another H1B to work on a part-time basis for the second employer. It is not a big deal, since upon travel and reentry a person again may return to H1B status by entering on the H1B approval notice and the H1B visa stamp in the PP.
It's not a straight answer, but it seems that H1 remains valid, otherwise you would not be able to re-validate it.
more...
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521BJ
03-01 11:27 PM
You fill out a portion of the form online. When done, it will generated a PDF with your application number on it. You have to then print it and complete the remaining pages by pen. You also need to complete a "Nationality Status Verification Form". Its on their website. :confused:
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veni001
08-26 08:42 PM
Isn't it the job of the lawyer to review the resumes submitted and build a case to say why you are the best fit for this position? I am sure that's what the DOLis looking for as well - i.e. that the companies are following the protocol of advertising the position correctly and reviewing the resumes of candidates who apply. I think it will be a red flag if you don't show any resumes at this time esp. when the unemployment is so high as opposed to showing other resumes submitted.
Rule of thumb, lawyers are not supposed to be part of recruitment process, it should be the job of HR. Lwayer can advise based on evaluation completed by HR.:mad:
Rule of thumb, lawyers are not supposed to be part of recruitment process, it should be the job of HR. Lwayer can advise based on evaluation completed by HR.:mad:
more...
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furiouspride
11-24 12:21 AM
R u nuts? The OP's join date is: Aug 2007 and he/she has two more posts in diff threads and only 2 posts on this thread.
Learn how to use the tool else dont blabber...Poor guy(or gal) is trying to help someone who's in bad shape and then there are ppl like u trying to pick on everything and everyone.
My apologies.
Learn how to use the tool else dont blabber...Poor guy(or gal) is trying to help someone who's in bad shape and then there are ppl like u trying to pick on everything and everyone.
My apologies.
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mbawa2574
02-14 04:10 PM
Democrats are almost useless when it to came to LEGAL immigration. Atleast Republicans will do something for LEGAL immigration. Voting record during the CIR is a good evidence.
You Got it !!!
You Got it !!!
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vikra007
04-04 09:49 PM
Just try to enroll into a PhD program and then you will realize what it takes to finish a PhD in STEM.
If it was that simple then by now everyone would be in Phd program, just like they are now in IT (no offense to IT people).
Such bills and piecemeal immigration reforms are long overdue and should have been enacted earlier. I commend & appreciate Jeff Flake and Senators like John Cornyn and Arlen Specter who are champions for STEM related bills and amendments. They are atleast bringing some hope to community.
I agree with you. I would like to see some support from IV for this bill. The bill is already introduced and if we can give some push it would be easy to get passed.
If it was that simple then by now everyone would be in Phd program, just like they are now in IT (no offense to IT people).
Such bills and piecemeal immigration reforms are long overdue and should have been enacted earlier. I commend & appreciate Jeff Flake and Senators like John Cornyn and Arlen Specter who are champions for STEM related bills and amendments. They are atleast bringing some hope to community.
I agree with you. I would like to see some support from IV for this bill. The bill is already introduced and if we can give some push it would be easy to get passed.
snathan
05-15 07:44 PM
Please spend 2 minutes and complete your profile. Without data people would consider you are fake.
Blindly dont ask every one fill the profile. the handle clearly says GC not filed yet. So what should be filled here?
Blindly dont ask every one fill the profile. the handle clearly says GC not filed yet. So what should be filled here?
chanduv23
12-15 11:22 AM
Be one of us, get inspired
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Q1xkoyk-a3Y
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