heavencard
05-14 07:58 PM
I am planning to file Labor under EB2. Below is my education detail.
3 years Bachelor Degree i.e. B.Com.
2 years MBA(Information Technology)
10 years pure IT experience in Java, Oracle
5 Professional Certification from Sun Microsystem,Oracle and IBM
Based on these education background will I have problem with EB2 labor and I-140 approval?
Please suggest.
3 years Bachelor Degree i.e. B.Com.
2 years MBA(Information Technology)
10 years pure IT experience in Java, Oracle
5 Professional Certification from Sun Microsystem,Oracle and IBM
Based on these education background will I have problem with EB2 labor and I-140 approval?
Please suggest.
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kk_kk
02-25 02:34 PM
I would say .. they are already facing the consequences due to the acts they have committed. I don't see any need for bashing the OP or his friend.
camarasa
07-23 11:26 PM
Take alternative opnion from good Attorney and take a chance.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
"Taking a chance" would obviously depend on the alternative opinion - surely. If the independant lawyer says no way you must start again, it wouldn't be taking a chance, it would just be stupid.
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rp0lol
08-01 02:57 PM
Guys,
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
Calling only won't help for our cause.
Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.
and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).
Just my 2 cents.
I like the approach however I will request all Iowa residents to call Congressman Kings again and again. Also get your friends and coworkers to call.
Voter calls will always impact politicians...
Lets keep the efforts on...
Thanks
Calling only won't help for our cause.
Some has to go to his office with yesterday's list of amendement and his comments and explin him what's wrong with his stats.
and maybe we should go to our local senator's office with point King was making and right numbers (from DOS or USCIS's published data).
Just my 2 cents.
more...
nav_kri
06-18 03:07 PM
I believe dates open 2 weeks in advance. If you want appointment in Nov check in mid of October. I recently went for stamping in Chennai and experience was smooth.
razis123
12-27 11:37 AM
what if i want to join a company(like Teksystems,GCI,etc,...) on an hourly basis on their W2.What will be my status when an assignment is over and i have to search for another project.
more...
pappu
02-24 11:54 AM
If we force people to fill profile, they start filling fake details.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
How do we make people update their profiles with real details?
I think members can help in this task. Whenever you see a member with junk details, urge that person to update the profile to be taken seriously.
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stemcell
06-25 02:40 PM
why dont y'all come to Atlanta. have lunch at Sarvana bhavan and do some grocery shopping too....we could club that with a GA chapter meeting
hey yabadaba
I am coming to atlanta on july 3.
Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.
hey yabadaba
I am coming to atlanta on july 3.
Obviously patel brothers will be a pit stop so if u wanna meet at sarvana bhavan i am game...let me know.
more...
H1B-GC
08-14 04:51 PM
A Call from DOL to your Employer is enough to start coughing all the Money he owes you. Make sure you have all the paper Trail as Evidence -Emails,Fax and etc..
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snathan
05-23 03:44 PM
I am on H1 since 2005 and renewed last year and it is valid till april 2010.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.
Last year i joined directly to the client and they are processing my GC.
When they hired me they gave me list of projects and future plans for more then 5 years but this work is not IT driven and manufacutring in having late back attitude so my fear is if there are not projects in the future i may loose the job then at that point i will have very little time to get my labour approves abd re start the process...
So as back up i want to have a labour approve based on future employment and if possible have 140 processed.
guide me if this is not the correct thing to do...
regards
I guess you can have two GC process. but only at the time of 485, you need to decide which one to go. But I am not very sure about this.
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raama123
02-25 11:22 PM
I was registered first time in last 6years this forum.i did not expect answers from this forum like arrogant,if you are not interested don't give reply like below,even you don't know about issue to answer,why you are giving unnecessary.
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
Forum will help to others with sharing the knowledge and sharing situations,not giving silly things..
Please remove this type of answers
dealsnet = which is correct
sargon = LoL. No wonder she got caught. She is not only a thief, she is also stupid
snthampi View Post
People like your (friend's) wife are a shame to the legal immigration community. We come here to work hard and make a better living. I don't think, this woman deserve to be admitted back to the US and I am not sorry to be rude in this case.
Please.... come on... you are a highly skilled immigrant... you can do better than this... I'm waiting... please spend the rest of the work day to come up with something.
Bookmark and Share
thanks
raam
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Canadian_Dream
03-20 11:41 AM
Most likely SSA typed in wrong I-94 number and hence the verification would have failed from USCIS. Visit the local office again and ask them to verify all the information again. They can tell you the SSN in 2-3 days if everything checks out that should be enough to generate the payroll. The actual card takes 2-4 weeks.
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
I entered US through Logan on Dec 12th, 2007 and got i94 till Nov 2010.
When I applied for SSN at Norwood SSN office, they told me that the immigration dept have to cross verify my visa details and confirm them back which is still not done. Without SSN, Payroll is not generated. I have to return back to India in next 1 week. Can someone let me know the contact info of immigration people. Is this common thing to happen or i need to fight it out Any input will be appreciated. Thanks
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ilovestirfries
10-01 02:10 PM
Thanks people...Hearing from people caught up in similar scenarios, at least, gives me a sense of relief that I am not alone...I shall call up NSC and check up on my spouse's application...Thanks again to all those who responded...
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msyedy
01-12 06:57 PM
I understand this topic has been discussed ad nauseam, so I'm not raising this issue per se. I do not know where we stand on the likelihood of this provision getting passed by Feb 15th, but I do know that the Core group must be trying their best to get some provisions along these lines.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
But just in case the "AOS without current PD" is seen as too big a change by the law makers or its sponsors in the undustry, I think it might be worthwhile to consider some of its watered-down alternatives. The law makers themselves may have a perception of this provision "creating a log jam at the AOS stage", not unlike the (mis)perception of some of IV members themselves!
Some alternatives are:
(a) Ability to file I-485 if the I-140 has been approved for X years, or if the I-140 has been pending for Y years (this is similar the provision of the ability to file H1 extensions beyond 6 years if a labor is pending). The advantage of this provision is that this will sound familiar with an already existing law; and will let the floodgates to AOS slowly and in a more controlled manner.
(b) Ability to file I-485 if the PD is within N years of the published PD in the Visa Bulletin. For example, assuming N = 2 years, India EB3 with PD 5/11/03 and India EB2 01/08/05 can file. Again this has the advantage of a more controlled entry via the Visa Bulletin, but at least it'll start clearing the queue and people can get their EAD, FBI name check, while waiting for the visa numbers to be available.
(c) If an Labor has been approved for X years
(d) If the alien has been on H1 for Y years
or a combination of any of the above
Please understand that I whole heartedly support the "AOS without current PD" provision; it's just that it would be wise to be ready with some alternatives should the need arise.
Why are you making it more complicated. People here want to get things done faster and relief for everyone.
According to your statement .(New formulas). people with I-140 approved for x years can file I-485 and so on......
If we are fighting for something nice, why not fight and say that we need everyone to be able to file I-485 like it was earlier. Reducing jam in USCIS is not a simple issue.By decreasing the number of I-485 filing the amount of time cannot be accuratly estimated that would take it to clear a case. USCIS can increase filling fees which they are thinking of doing to handle the current log jam they have, so I think we stick to and follow IV core.
more...
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vikramy
06-22 10:22 AM
Looks like you don't have any GC application pending. From what i know you can not work. You can only start working after your MTR gets approved.
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
I came to US on Company A visa in Feb 2007... They filed for a H1b amendment and it got disapproved .. Company A asked me to transfer my Visa as they don't want to apply for a MTR ...
Company B applied for my transfer and started working for company B... But unfortunately this one also got denied and they gave the reason that Company B didn't provide a valid end Client letter
In the denial letter they stated that
"The beneficiary may remain in the current immigration status until date indicated on Form I94.. "
So what are my option now?
Can I work now? if not Can I work after Company B files MTR?
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raysaikat
07-10 07:06 PM
... I will only go for stamping AFTER my PIMS Verification is done in TIjuana, Mexico.
...
They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.
...
They can always decide to have a security clearance/check (most disciplines are listed in TAL). So always assume that you will be stuck for 2-3 months wherever you go for H1-B stamping. That means, go somewhere where you have a place to stay for free and hopefully can work on your job remotely.
more...
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logiclife
10-15 02:12 PM
LuDs are trivial. Sometimes there are LuDs on cases for no apparent reason.
I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.
No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.
Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.
Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.
But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.
Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.
Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.
It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.
I have had LuDs on my approved 140 even when there was nothing to begin with. Nothing pending since 140, no 485, no H1 extension. Even then there was LuD on 140.
No one really knows what LUD really indicates. Because there is really no pattern in LUDs on cases. NONE.
Rather than asking other blind men to lead you, why dont you take it upon yourself and find out for once and for all.
Let's say LUDs, or lack thereof are bothering you so much that you are losing sleep over it. You are trying to connect dots over LUD, fingerprinting and EAD etc. If you really want something so badly, why dont you stand up and fight for it and ask for it. I am not asking you to help IV or contribute funds or join state chapters. If you dont want to join state chapters, then dont. If you dont want to help IV, then its a different thing. This isnt about that.
But atleast, for your own good, if something bothers you so much, then do something for yourself. Get an appt with ASC and find out what LUD means. Fly to Washington DC, go to director of operations office at USCIS headquarters and ask them what LUD means and why isnt there more transparency in online status. Why do we have to connect dots with LUDS and whey cant there by step-by-step update of each petition. GO AND FIGHT FOR YOURSELF. Ask them why cant we know where my 485 file is at each step of adjudication process. Why is there only 3 possible status for every petition , like case is approved, or case is rejected or we sent request for more info/evidence. Just 3 possible statuses for each petition that really goes thru elaborate stages and statuses.
Sitting here and asking other people, who dont know anything more than you do, is the same thing as one blind man asking another blind man to cross the street because the blind man is too lazy and to shy to ask someone with eyesight for a favor.
Again, I am not doing this to goad you into state chapter or funds. Or joining IV. Dont want to do what IV asks, then dont. But atleast do something FOR YOURSELF. Drive to DC, sit in USCIS HQ and ask them for something better than LUDs.
It is a waste of time to speculate and connect the dots (LUDs) that dont even exist.
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glus
01-03 10:15 AM
You will need to switch to an F1 (Student Visa). You cannot enroll for a full time MBA course on an H1. The college you enroll in will insist on an F1.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
As for the GC application, it is for future employment. Meaning that if you company is willing to hire you back once you get your GC and they don't withdraw the I-140, then the application can continue.
However, I think that if and when yr GC gets approved, you will mostly likely have to abandon full time studies and go back to working full time for yr company right away. I only think this and I'm not sure.
Hello,
Respectfully, but Yinzak is incorrect. While working for a law office, we researched the issue for a client. There is a memo issued by uscis many years ago. There is NOTHING in INA that says that a person on H-1B visa or status can't attend college and the memo states that as long as attendance to college is "incidental" to the H-1B, not a problem. As such, if a person Maintains H-1B employment, and all the H-1B requirements continue to exist, one can attend college part of full time. In fact, some colleges offer in-state tuition for H-1B applicants. Changing to F-1 is impossible because of immigrant intent showed by GC petition pending for this person.
Brooklyn college is one that offers in-state tuition for H-1s and does not require change in status at all.
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njboy
09-11 01:38 PM
-----------
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
This is just USCIS backlogs, DOL is a separate agency and the labor backlogs do not count in this.
--------------
not true,, the DOL does not do labor certification for backlogged cases anymore..this work has been transferred over from the State workforce agencies/state departments of labor to the backlog reduction centers..So....while, the DOL is a seperate agency, the labor backlogs is no longer handled by them, it is handled by the BPC..
sabbygirl99
03-28 04:45 PM
You can't have an F1 AND an H1. So if she was on an F1, then that means she did not have an H1....which means she was not working....but employer still did this for her? It's all moot anyways - b/c no way would my employer do anything like this for me. They barely understand my situation.
A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.
You can do labor certification without H1 as long as employer is willing.
A member posted that s/he did labor certification and I-140 on F1. I don't remember the name of the thread.
You can do labor certification without H1 as long as employer is willing.
tabletpc
10-17 02:14 PM
Surabhi,
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
Thanks for the detailed response...greatly apprecite it...!!!
These are all tax terms on which the contract is signed
Corp-corp - Between 2 corporations. From your point of view, you are represented by a corporation. The corporation gets paid from other corporation. Your payment can be W-2
Contract - W2. The client pays you directly on W-2. Most of the times, this doesnt have benefits.
Contract to Hire - W2 : Initially you'll start as W-2 contract. the client has right to hire you full time after a period, normally 3 -6 months.
Contract to Hire - Independent: YOu are starting off on 1099, but company has right to offer you full time on W-2 basis after a period.
If you are on H1, your relation with your employer is always W-2. So only corp-corp is applicable.
If you use EAD, its debatabe whether you can be on 1099.
Being on W-2 contract, you should still ensure your job conforms to AC-21
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