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03-06 08:14 AM
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IndianIII
07-10 12:11 AM
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USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
USCIS do call the company, a friend of mine who already got his GC, USCIS called the company in India to confirm the employment.
chanduv23
09-16 01:17 AM
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HRPRO
02-09 03:15 PM
If the new place of employment is more than 50 miles, then a new LCA has to be obtained. In your case, your parent company might also have to file a Successor of Interest petition for your H1 depending on the terms of acquisition (irrespective of whether you move to bay area or not).
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
Roseball,
I dont think The Successor of Interest petition would be necessary as his employer is the company who acquired the other compnay. If it was the other way around then the Successor of Interest petition would have been a necessity.
HRPRO
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EndlessWait
08-24 02:58 PM
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rani77
02-06 12:03 PM
Hi Friends - I work at a university and have been with them for 4 years. My boss plans on giving my a 10-12% mid-year pay increase. But our HR says that H1 workers are not eligible for mid-year pay hikes..?? IS THAT TRUE.?
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
Is there a INS rule that somebody can point me to which i can forward to my boss/HR which mentions that there is no pay increase issue with H1 visa holders..I searched on USCIS, DOL, etc..cannot find anything.
Can somebody please help!
Thanks in advace.!
What your HR seems to suggest it is not logical,USCIS erstwhile INS do not dicate HR polices.This seems more like your univertisty's supposed HR policy or HR peron not literate about the immgration rules and regulation. As many have suggested i have not come across any instance what you mentioned. My spouse is on h1 with a very big company and he has been getting hikes every year in acceptable ranges what was menioned in his offer letter. Some are in mid year based on performance of the tasks he carried out succesfully.
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msekhargc
06-21 11:41 AM
Thanks for your response
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
As per my employer adv :
Required degree : Masters degree in Engineering or related field (no experience)
The education evaluation was done from ITES inc., I have got this for applying H1B in Apr 2005, which includes my prior experience. We have used the same education evaluation for I-140 in Aug'07. Since the experience was combined in my education evaluation, CIS is now asking for a new evaluation based solely on education.
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anjs
11-15 02:02 PM
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vikki76
01-15 11:53 AM
Thanks for replying everyone.I will forward this information .
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May 18th, 2005, 07:21 AM
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milind70
11-06 12:49 PM
I have filed for 140/485 EB3 on July 2nd. I am planning to start a EB2 process and carry over the EB3 Priority date to the new application. I have a few questions
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
1. My thinking is the process works something like this. I start a new PERM for EB2 while my EB3 140 is pending. After both the EB3 I140 and EB2 PERM are approved, I file for EB2 140 putting in a request to carry my old PD over. Is this correct?
2. Do I need to be with my GC sponsoring company until both EB3 140 and EB2 PERM are approved? If I use AC21 (after EB3 140 approval), will I still be able to interfile?
Thanks in advance
You cant use to port date after using AC21 ,your job responsiblities need to be same or of smiliar nature so u cant interfile as EB2 job responsiblities will differ. Porting of dates always carries risks more checks more documentations.
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dan19
09-06 01:20 PM
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
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ashismaity
07-25 08:58 AM
This whole quota is the number which USA admits per year into its inner circle i,e, GC. Now once that quota is full, you can't be given access to inner circle(IC) or allowed to fill 485 which is final verification to the IC. Inner circle facilitates you with a EAD/AP for you and your spouce.
Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.
Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...
Now question is why 485 is the last stage as its employee verification ? simply because employee fiiling up a job. establish 1st, job is available and no worker from IC is there to do it. Then verify who supervises the job gets done (Employer) and then verify who will do the job (emplyee). Although there are so many jobs to be done, quota stipulates how many of then to done by IC people. Rest will be done contructer or temps like the us.
Theoritically all these process should have been finished within a year or so to do justice to all... But there are other proprities... Who is more important etc. Then there is politics like IC people want to have good life ...so they slow down the work...making a dely...or the resources are taken from this field to another at the cost of us because we have no say on the process which will elevate us...
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rkat
02-06 01:27 PM
Thanks again for all answers - Another Q that i had is - i am applying for a extension of my H1 Visa. My current validity is till June 2008. My 6 years will be completed in August 2009. I have a approved I-140!
My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?
Thank you!
My Q is - can i apply for a 3 year extension right now based on my 140 approval.? That is - can i extend H1 from July 2008 till June 2011..?? OR do i have to wait to complete all 6 years till i can use the benefit of the 140 approval for H1 extension?
Thank you!
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snathan
09-23 10:57 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
You can use the EAD to start working. Then start the GC process. But I dont think you can caputre the 2003 EB3 PD for your EB2. Only your spouse can port the PD if he starts his GC in EB2. I believe you can not port your spouse's PD for your GC. So whats the use of doing this. You will be having EB2 PD sometime in 2010 as it takes 3-6 months time to file the PERM.
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fromnaija
02-17 05:19 PM
I was wondering the same thing. On other hand, I don't remember exactly where, read that as USCIS has updated their software, hence, FP's will not be required again. I may be wrong here, I myself, am interested to know if I need to follow up with USCIS after my jul-07 filing.
GCCovet
That is the Biometric Storage System. I have posted some information about this a while back. You may read more here:
http://immigrationvoice.org/forum/showpost.php?p=266590&postcount=8
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cis_bss.pdf
GCCovet
That is the Biometric Storage System. I have posted some information about this a while back. You may read more here:
http://immigrationvoice.org/forum/showpost.php?p=266590&postcount=8
http://www.dhs.gov/xlibrary/assets/privacy/privacy_pia_cis_bss.pdf
more...
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apoojo
08-24 02:01 AM
Thanks for the reply, hibworker.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
Jaggu bhai - in reply to your post: Yes, switch your wife to F1. One primary reason (apart from the ones mentioned above) is by shifting to F1, she is not using up the 6 years available on a 'H' visa. I believe even if you are H4, its counted against you. Once she graduates and moves to an H1, she gets more time on the visa than she would if she stays on H4. As can be concluded from hibworker's post, if (and a BIG IF here) the priority date should become current when she is on F1, she can still ride on your GC filing.
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12-09 04:50 PM
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yestogc
11-17 02:30 PM
the option I see is that you should get the responsibilities more clearly defined on your ex companies letter head if possible ............. if not then you can get the role details from your previous peers and manager, at each company.
Act fast as this may take time
Act fast as this may take time
hebron
06-22 01:39 PM
Hi,
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
I'm holding Bachelor's Degree from India and have 9 years of full time experience (6 years with previous employers + 3 years with current employer). Last year my employer initiated a process to file PERM. My employer had given all the specific details to our attorney firm to file my case in EB2. But our attorney screwed up everything and filed my case in EB3. My EB3 labor is approved (Section H, PERM job for Bachelors + 2 years of experience). I'm planning to file I140 with this EB3 PERM to facilitate my H1B extensions,etc.
Right now, my employer says that he can initiate another PERM with EB2 and later when we file I140 for the EB2 labor, we can make use of EB3's PD after its I140 approval. I understand that it has to be a different position for EB2. If we follow this case, at what stage I need to use my EB3's PD to port. I mean, do I need to have my EB3 I140 approved before filing EB2 PERM or have only when filing EB2 I140.
My another question is, how risky is this? I mean having applied for EB3 and EB2 from the same employer. What kinda repercussions we're heading into? What are the possiblities of getting audited for EB2 PERM ( I didn't get any audit for my EB3 PERM).
Do you think it's better to transfer visa to someone else after my EB3 I140's approval and start a fresh EB2 PERM from that employer?
I had gone thro a case study given in this forum but it's only after applying AOS(485). Mine is still at I140 stage.
Any input is welcome.
Thanks,
Sunil
Hi Sunil,
I have also been thinking about converting from EB3 to EB2 from the same employer. My lawyer says that for this to work the job descriptions ( for EB3 and EB2) has to be atleast 50% different. And I am not sure I can prove that because my EB3 was applied for "software engineer" and currently I am promoted to "principal software engineer". The DOT and SOC codes for both the jobs are the same. And I also do not have 5 years of experience prior to joining my current employer. So my attorney says that it will be difficult to show the experience that I gained from my current employer for EB2.
I am not sure if my experience helps you or not, but please check with your attorney.
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