gconmymind
07-29 02:51 PM
Are you sure Systems Analyst and Director of Development are considered "similar" jobs? To me it does not sound like similar jobs. Systems Analyst is a technical job whereas Director is purely managerial position.
Let me know if you have documentation on "same/similar".
Let me know if you have documentation on "same/similar".
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doubleyou
05-20 10:38 AM
I have been reminising in contributing , and if contribution is the only factor, will start contribution. But I did do congressional letter as and when there was a campaign.
But more than for me, i am reaching out to all others in IV.
But more than for me, i am reaching out to all others in IV.
gcformeornot
12-31 02:20 PM
there are about 40%..... so lots of them....
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frostrated
07-06 03:36 PM
you might want to check that yourself. From what I know, your status when you enter on AP is no longer valid. Your I-94 that you receive will reflect the status you are allowed into the country. To work in H1B status, you will either need to enter in H1 status, or adjust your status to that of H1B. Dont make a wrong move and start accuring time for working without authorization. work without authorization is grounds for deporting.
Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)
Okay, i checked and I stand corrected. if you are returning the same employer, then you can continue in H1B status. Here is a link that might answer all your questions.
Z&A - Advance Parole (http://www.hooyou.com/advanceparole/h1bv-ap.html)
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krishmunn
03-25 10:18 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
No. It should be greater of Prevailing or Actual wage. Actual wage is wage paid to people with same qualification/experience for similar position in your company. If there are no other employee with similar qualification/experience in similar position, actual wage is wage paid to you.
Also there are other restrictions like if you voluntarily agreed BEFORE joining, if it was a condition for employment etc.
All in all it is pretty difficult for employer to recover H1 related cost from employee (even Attorney fee ). Check this 20CFR655.731 - What is the first LCA requirement, regarding wages? (http://www.dol.gov/dol/allcfr/title_20/Part_655/20CFR655.731.htm)
Also, having a agreement which says that employee will need to repay H1 cost is illegal (Penalty clause) and not enforceable. CIS is more lenient on whcih cost employee can pay but DOL is more restrictive.
thamizhan
07-18 10:39 AM
Check this out....
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms
http://timesofindia.indiatimes.com/Gandhigiri_works_US_to_give_more_Green_Cards/articleshow/2215001.cms
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05-19 08:10 AM
Mexican President Felipe Calderon will meet President Obama and address a joint session of Congress this week. And immigration is expected to be front and center during his meetings.
More... (http://blogs.ilw.com/gregsiskind/2010/05/mexican-president-expected-to-make-immigration-key-issue-during-dc-visit.html)
More... (http://blogs.ilw.com/gregsiskind/2010/05/mexican-president-expected-to-make-immigration-key-issue-during-dc-visit.html)
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spdy_mn
08-02 01:39 PM
many people have to get birth affidavits from india to usa and other places.
Peace.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
Peace.
Gemini,
Isn't it enough to send a copy of the Affidavits of Birth and not the original. I think USCIS requires only copies of all documents. Correct me if I am wrong.
more...
140jibjab
12-11 06:41 PM
Hi,
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that, But any way here is an attempt to answer ur question.
If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.
Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.
If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
Indian Law states as follows:
The Divorce can be challenged in the Indian court if the divorce is obtained
1. In another country with out the knowledge one of the parties.
2. In another country if one of the parties was threatened.
Take care and all the best.
If married in India & want to take divorce in USA what is the procedure & will it be a valid divorce?
Sorry to hear that, But any way here is an attempt to answer ur question.
If you are a resident of any state in the US for 6 months, You can apply for divorce in the state you are leaving in.
The Divorce decree will have the clause saying "The divorce is obtained , the pantiff or the respondent will not be allowed to go to another court to challenge the divorce". -- So it will be Valid divorce from US perspective, and you can produce this document for all immigration purpose.
Indian Law accepts the Divorce Decree obtained in the USA.You can produce the divorce decree to take posession of properties/Lockers/Stocks/bank accounts as agreed in the Divorce settlement.
If you do not get a "mutual agreed upon"/Settlement Divorce. Then The other partner is eligible to apply/challenge the divorce in India.
Indian Law states as follows:
The Divorce can be challenged in the Indian court if the divorce is obtained
1. In another country with out the knowledge one of the parties.
2. In another country if one of the parties was threatened.
Take care and all the best.
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sixburgh
06-28 04:31 PM
You can have AOS and H-1b concurrently. If you have the time, I would renew your H-1B visa at the consulate and re-enter using H-1b. It is much less hassle than to return using AP.
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
This is what I think too.
But it contradicts a senior member's post above (http://immigrationvoice.org/forum/forum77-work-travel-options-after-485-h1-versus-ead-ap/1598547-should-i-come-back-on-ap-or-h1.html#post1965755).
Any official documentation about this ?
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raysaikat
05-07 11:10 AM
Thank you so much Raysaikat ! The below is the explanation for 22 C.F.R. � 62.42. Do you think it's applicable for my case ? Thanks again.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
� 62.42 Transfer of program .
62.42(a)
(a) Program sponsors may, pursuant to the provisions set forth in this section, permit an exchange visitor to transfer from one designated program to another designated program.
62.42(b)
(b) The responsible officer of the program to which the exchange visitor is transferring:
(1) Shall verify the exchange visitor's visa status and program eligibility;
(2) Execute the Form DS-2019; and
(3) Secure the written release of the current sponsor.
62.42(c)
(c) Upon return of the completed Form DS-2019, the responsible officer of the program to which the exchange visitor has transferred shall provide:
(1) The exchange visitor his or her copy of the Form DS-2019; and
(2) A notification copy of such form to the Department of State.
I did read the CFR before posting my previous reply. The passage above does not define what may be construed as a transfer; it merely describes the process.
How did you move from U. of colorado to VCU?
It may be the case that defining your proposed change as "transfer" or a "new program" is up to the discretion of the international advisor at VCU, and the first time s/he considered the move as a "transfer" and s/he is considering the new/proposed change as a "new program". It may also be the case that since you are not changing the school, s/he is not defining it as a "transfer". You need to speak with the advisor at VCU and ask to explain the reason s/he is considering the new/proposed change as a "new program" instead of a "transfer", and ask him/her to refer you to the applicable legal definition language (e.g., section number in CFR).
In any case, it is the international advisor at VCU who has to approve your paperwork; so you cannot get around him/her.
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venram
12-26 12:17 PM
Hello all,
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
not sure if this topic has been touched before; if we have a i-485 application filed; do we qualify as:
1) non-permanent resident aliens
OR
2) non-resident aliens?
thanks
I suppose you are living in USA.
On the second option "non-resident alien", if you are residing in USA, then you are not considered as non-resident. So I would eliminate this option.
On the first option "non-permanent resident alien", if you are residing in USA, I would choose this as the right option. Since holding an H1B means that you are a temporary (non-permanent) resident alien. Holding an EAD does not allow you to stay here permanently. It is only a temporary authorization to allow you to work without H1B. Remember that it requires renewal every year.
To answer your question, you are a non-permanent resident alien.
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thomachan72
03-10 07:10 AM
If they take the trouble of selecting multiple applications from the same employer, I dont doubt that anybody with multiple applications (even from different employers) will get either rejected or get questions.
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mhathi
04-30 03:39 PM
Category: EB3 (Regular)
Applied: November 20th, 2006
approved: April 12th, 2007.
Applied: November 20th, 2006
approved: April 12th, 2007.
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tapukakababa
05-24 01:45 PM
Why can't every Indian residing in US come together and make a pledge to not work even for one day throughout the US. Then they will know how much they need us and how big impact they will have on their economy.
We just talk and do nothing. Everyone cares about himself. Nobody has made ever an effort to stand united as an Indian community and show this country that without us they can't even step outside of their houses.
Do something drastic instead of just talking big words. And people on higher position should initiate this and if they can't tell us that they can't handle it all.
We just talk and do nothing. Everyone cares about himself. Nobody has made ever an effort to stand united as an Indian community and show this country that without us they can't even step outside of their houses.
Do something drastic instead of just talking big words. And people on higher position should initiate this and if they can't tell us that they can't handle it all.
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speddi
08-24 02:08 PM
The scenario is
Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
2. Does the new PD need to be current for us to file for interfiling?
Thank you
Company A filed 485 in EB2 with an approved 140. Company B filed 140 with an older PD in EB2. After 180 days(AC21), we change to company B on H1 and company B's 140 is approved in the meantime. We can change the underlying 140 with the new approved 140(old PD). I have couple of questions:
1. Do we have to stick to company B for 180 days again to invoke AC21 or for only the time till the interfiling process is completed and we get a confirmation from USCIS ?
2. Does the new PD need to be current for us to file for interfiling?
Thank you
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locomotive36
11-11 02:32 PM
^^ bump ^^
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pappu
11-06 06:48 PM
congrats and good luck
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thescadaman
09-28 04:42 PM
Q : Is USCIS prioritizing certain application(s) during the receipting process?
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
Yes. The Application to Adjust Status (I-485) will have first priority because USCIS needs to ensure that these applications are receipted in a timeframe that would allow processing of an application for an Employment Authorization Document (EAD) within 90 days of filing as mandated by law [8 CFR 247a.13(d)]. Our second priority will be to receipt the Application for Naturalization (N-400) so that we can minimize any delays in obtaining citizenship.
GCard_Dream
04-05 04:32 PM
Is that really true? I am not so sure about that. I thought you can get unlimited H1B extension as long as you have your I-140 approved. Do you really have to be retrogressed? Can someone confirm this please.
If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?
I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.
If what you are saying is right then let's say that I have filed my I-485 already because PD is current and my H1B expires but haven't received my EAD yet, what would my status be then until I recieve EAD?
I gather that you can get a 3 year h1b extension when you have an approved I-140 and are retrogressed.
Update: I double checked this and you are right. Can get H1B extension after 6 years only if I-140 is approved and PD retrogressed or 365 have days have elapsed since the filing of labor. I guess the question now is what is your status if H1 has expired, I-485 is filed but EAD hasn't been received yet.
desidude
12-22 10:12 AM
I applied I-140 with a substitution labor in May'07. Then I applied I-485 on July2nd,2007. Got EAD on Aug20th. Two months back my I-140 was approved. Now I am on EAD. I am working with a very good financial corporation which they are asking me to join as full-time from Jan1st2008. I told my manager that I can join as a full-time from Feb20th 2008. Can any one throw some light on these doubts?
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
1. What happens if I move before 180 days of EAD to this new company and send AC21 to USCIS after finishing 180 days on EAD?
2. If I moved after 180 days what kind of queries we get from USCIS on AC21?
3. Do we need to make sure my employer also agrees what we are doing? What kind of documents we need from the existing employer?
4. Does my new company has to give same exact responsibilities as my labor certificate?
I would appreciate if any one replies to these posts. Thanks in advance.
Technically speaking, your 180 days start from the day you filed your I-485. ie. 180 days start from July 2nd in your case. You can still clarify with your attorney to make sure.
