desi_scorpion
07-30 01:40 PM
she can change jobs without any problem as long she stays in h1b status....my wife is also in the same process
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martinvisalaw
07-13 02:40 PM
It's hard to answer your question without more details, such as your current status. Company B can definitely file a new H-1B for you. Your current status will dictate whether you "need" to tell them about the earlier filing. However, having a prior petition filed might not have any negative impact, so you probably don't need to be nervous about telling Co. B.
slc_ut
09-02 04:48 PM
I've received this letter from DOL by mail. I think this is in response to the fax that i sent through IV a while ago. I am posting the contents of the letter here.
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
U.S. Department of Labor
Employment and Training Administration
200 Constitution Avenue, N.W.
Washington, D.C. 20210
Aug 28 2006
<My name here>
<My address here>
Dear Mr. <My name here> :
Your letter to Secretary of Labor Elaine L. Chao was referred to this office for reply. The Office of Foreign Labor Certification in the Employment and Training Administration (ETA) is responsible for administering the Department's Foreign Labor Certification Program. You expressed your concern with the processing of cases by the Backlog Elimination Processing Centers.
We share your concern regarding the lack of transparency in the Permanent Backlog System and are working on approaches to provide additional information. The criteria for processing a case are dependent upon the timely and complete response of the applicant to all issues and to the First In, First Out (FIFO) status of case. However, assuming two applications with the same priority date, there are several factors that account for different processing times. These include the type of application (Reduction-In-Recruitment Vs. Traditional Recruitment), the stage of processing at which the application was received by the Processing Center, the dates of other applications pending at each center (which determines each application's place within the FIFO queue), the quality of the application (applications that raise questions take longer), and the response time of the employer to center requests for confirmation to continue processing the application. Nevertheless, based on our current progress, we estimate the permanent program's backlog of cases will be eliminated by September 30, 2007.
Sincerely,
<Signature here>
William L. Carlson, Ph.D.
Administrator
Office of Foreign Labor Certification
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vikki76
04-30 11:34 AM
Good coverage.
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utthesta
10-09 09:44 AM
Why is receipt date different on the I485/EAD.
I am reading some of the posts from other members.
Their receipt data on the EAD is different(at least 1, 2 months delayed) from the date USCIS actually received their application. I thought USCIS is going to honour the actual date when they received the application by mail.
It is obviously more than 2 months late for many of the applications.
If some one to use AC21 portability, what exact date is honoured? the date when USCIS received the application or the receive date printed on the EAD?
Is the date when USCIS received is stored some where?
In my case, I filed my I485 on July27 at TEXAS Service Center, I received a notice on Oct 6 from CALIFORNIA Service Center, Details below :
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Receipt Date : Oct 1, 2007
Notice Date : Oct 2, 2007
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 2, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.....
Now, I am not sure, what exactly is my Received Date. And how it went to California Center? I have confirmation from FEDEX tracking that it is delivered to Texas Center.
I am reading some of the posts from other members.
Their receipt data on the EAD is different(at least 1, 2 months delayed) from the date USCIS actually received their application. I thought USCIS is going to honour the actual date when they received the application by mail.
It is obviously more than 2 months late for many of the applications.
If some one to use AC21 portability, what exact date is honoured? the date when USCIS received the application or the receive date printed on the EAD?
Is the date when USCIS received is stored some where?
In my case, I filed my I485 on July27 at TEXAS Service Center, I received a notice on Oct 6 from CALIFORNIA Service Center, Details below :
Application Type: I485, APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS
Receipt Date : Oct 1, 2007
Notice Date : Oct 2, 2007
Current Status: This case has been sent to another office for processing because it has jurisdiction over the case.
On October 2, 2007, we transferred this I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our TEXAS SERVICE CENTER location for processing because they now have jurisdiction over the case. We sent you a notice of this transfer. Please follow any instructions on this notice. You will be notified by mail when a decision is made, or if the office needs something from you.....
Now, I am not sure, what exactly is my Received Date. And how it went to California Center? I have confirmation from FEDEX tracking that it is delivered to Texas Center.
everonh1
06-26 12:07 AM
Hi All,
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
I am planning to paper file my wife's EAD renewal and AP for both me and my wife.
Questions:-
1. Can anyone who paper filed recently post information on filing EAD/AP
2. Since my wife filed for I-485 last year and paid $1010 fees,she falls under FEE WAIVER for both EAD and AP-I believe she can renew EAD/AP unlimited till she gets GC?
3. Can someone post what did they do additional for filing as FEE WAIVER?
Any detailed steps on paper filing with FEE WAIVER would be great.
Thanks in advance for your replies.
Regards,
everonh1
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chanduv23
10-26 06:52 AM
Looks like this post has not been showing on the "new posts"
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abhisam
08-18 01:24 PM
there are 2 scenarions in the situation:
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
1. if the petition was not selected through the lottery system , you lawyer must have got the entire package back alongwith the application fees. He would have recieved this package in May itself.
2. If the petition was selected through the lottery system, you lawyer must have recieved reciept notice stating that USCIS is processing the H1-B petition. If the petition was filed properly then your lawyer will recieve the approval before October (most of my friends have already recieved their H1-B approval notcies)
If the peition was selected..you can ask your lawyer for the reciept notice number and track the progress of the petition on the USCIS website.
Hope this helps.
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rajhyd123
09-15 08:59 PM
My I485 documents were also received by r.cook at nebreska. still checks are not cleared yet. Not sure what happened. My documents are received on 9:30am 18th July...
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lok
01-16 02:04 PM
I have a friend in South Asia who wants to accept credit card payments for his website. There is no way for him to link paypal or any payment gateway to his bank account. I'm in the US with an H1B and I know i'm not allowed to start a business or even have a merchant account since this qualifies as active investing.
Is there anyway I can help him? I'm not interested in making any money off of this.
I know I could open a paypal account and point it to my bank account. That way, as long as the transactions are < $20000/yr , it won't be reported to the IRS and all I have to do is pay tax on the interest from my bank account. What could be potential problems with this approach? If this is illegal, I would refrain from doing it.
Can someone suggest a better way? My friend is willing to pay part of the transaction fees to whatever service he has to use.
Is there anyway I can help him? I'm not interested in making any money off of this.
I know I could open a paypal account and point it to my bank account. That way, as long as the transactions are < $20000/yr , it won't be reported to the IRS and all I have to do is pay tax on the interest from my bank account. What could be potential problems with this approach? If this is illegal, I would refrain from doing it.
Can someone suggest a better way? My friend is willing to pay part of the transaction fees to whatever service he has to use.
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jcrajput
06-25 07:40 PM
Our visa stamp (H1B/H4) are expired in our passports. We are planning to travel via 'Frankfurt (FRA), Germany' to Mumbai in Lufthansa airlines and we will get our passport stamped in Mumbai. Does anyone have experience travelling via 'Frankfurt (FRA), Germany' without visa stamp in passport?
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
I know that travlling via London has some difficulties but not sure about 'Frankfurt'.
Please let me know.
FYI..We have our EAD and I-485 is pending with approved I-140.
Thanks for your help.
Jignesh
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martinvisalaw
03-22 07:09 PM
I just found out that my employer did not update the work location on my LCA. I have been working in new jersey for over 4 years now. I have my primary address as Indiana and my company is registered in Illinois. I got payroll on Illinois for 2 years and now NJ for 1 year. How can i correct this? Is it too bad a problem already?
I don't know what location was listed on the LCA, but since you moved before a new LCA was filed, the employer needs to file a H-1B amendment to correct the situation. If there was a new LCA filed before you moved, no H-1B amendment would have been needed.
I don't know what location was listed on the LCA, but since you moved before a new LCA was filed, the employer needs to file a H-1B amendment to correct the situation. If there was a new LCA filed before you moved, no H-1B amendment would have been needed.
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gmail
07-24 04:19 PM
Hi,
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
If 4 months after 485 filed, I leave my job. Can I use EAD to work for another company? My wife also has 485 filed, so I can use her to renew my EAD if I need to.
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ajju
09-17 11:54 AM
Hi!
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
You can take a 2nd additional job if needed..
Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...
And when you invoke AC21.. You must have EAD in hand...
NB: WWW = Work Women Weather...
I was wondering what are the benefits of EAD to primary(H1B) applicant before 180 days, i understand that AC21 & it's benefits can be invoked after 180 days from receipt date.
But is there any benefit of having EAD if 180 days from 485 receipt date are not over ?
You can take a 2nd additional job if needed..
Not much benefit if your current job is well paying and going well... Even though I applied for EAD, I am not planning to use it.. But just in case.. You never know WWW in US...
And when you invoke AC21.. You must have EAD in hand...
NB: WWW = Work Women Weather...
more...
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kzinjuwadia
05-13 11:53 PM
It does. MS = BS + 5yrs experience per the general guideline principles followed by CIS/companies. My EB2 was applied when I had around 1yrs exp after MS. Imp thing is that the job for which your LC is being filed should have EB2 requirement. Make sure of that. Otherwise, even if a PhD candidate is employed for a layman job, it's doesn't warrant EB1. the driving factor is the job's requirement.
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kshitijnt
01-25 08:55 PM
Some members in other posts have used abusive language to the extent of comparing my wife to a dog. And some have asked for the money since I have got the answers. I am not sure how these "skilled" people can lobby for the skil bill or for that matter convince a single congressman.
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
I am keeping an open mind and soon when I get my tax refund or bonus I will be able to contribute. I have high personal expenses and I am not too desperate for GC to ruin my financial security and run after this mirage. Hope you guys get it. If you are short on money just ask. I agree my post was off topic, but it did not warrant insults. It just shows what kind of people I will be company to. Now if I were to call you guys some "shiite moolahs" you wont like it, would you?
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fide_champ
03-21 05:47 PM
I am planning on getting my H1 done for this year... i have talked to a couple of people about the same and someone said thai i might have Pay to get my H1 Processed and get the job.... is it a right choice to make....
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
most of the H1's consultant i have come across does only ITsector
is there anyone who can suggest how to get the H1 for other field like Pharmacy, Microbiology.....etc....
Most of the consultants ask you to pay for the H1's these days for security. Some will re-imburse your money after a period.
But according to the law, employers are supposed to pay for H1 and travelling expenses if you are in your home country.
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anilsal
12-28 10:40 PM
with your attorney and employer. There is nothing you can gain by worrying about it. If they issue an RFE, then you will ready.
USCIS will not outright deny applications with mistakes as far as I can tell (I am no expert). There may be RFEs or NOID to which you can take proper action.
USCIS will not outright deny applications with mistakes as far as I can tell (I am no expert). There may be RFEs or NOID to which you can take proper action.
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Jaime
04-21 04:06 AM
John McCain: Illegal Immigrants 'Intentionally Causing Accidents On The Freeway' (http://www.huffingtonpost.com/2010/04/20/john-mccains-strange-clai_n_544559.html)
happens with age, and he probably missed his 6 PM bedtime
happens with age, and he probably missed his 6 PM bedtime
jonty_11
06-19 12:32 PM
link please?
seahawks
04-30 03:53 AM
Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
