immilaw
09-19 06:16 PM
My company has just changed the rules. From now they are unwilling to pay the costs incurred in the visa extensions for the spouse.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
Under the law, the employer is only obligated to pay the training fee, i.e. $750 or $1500. The rest of the fee including the H-4 fee can be paid by the employer or the employee.
Is this legal? Does anyone have any links etc that I can pass on to HR if this is illegal. Thanks.
Under the law, the employer is only obligated to pay the training fee, i.e. $750 or $1500. The rest of the fee including the H-4 fee can be paid by the employer or the employee.
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virginia_desi
10-24 06:25 AM
Hi,
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.
One of my friends is saying Job experience with the same company would not count towards? So this means will i have to change jobs and hope that my I-140 for the current employer is not withdrawn. Pl. advise.
Thanks,
The job experience from the same company can only be counted if the employer can prove the new job is atleast 50 % different from the current job. Please consult a lawyer before making the decision. The difference should be in job duties and not simply a move between two projects.
crazyghoda
01-22 11:39 AM
This is for EB5 .....but doesnt it require you to employ a minimum of 10 people?
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peekay
12-17 02:23 PM
pmat, thanks very much.
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bkshres
10-07 12:47 PM
thanks for your response. My lawyer said she mailed with Fedex and it was delivered 3 weeks back. She is saying these days it takes 3-4 weeks to get receipt notice. but I am not sure whether its true or its just my case getting lost somewhere.
How long should I wait and what should I do next?
How long should I wait and what should I do next?
kcindian
09-19 09:10 AM
Thanks for the response div. I did think it was too good to be true. It is.
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vselvam
05-17 03:43 PM
After filing 485, Is AC21 based changing employment is legal only when using EAD or it is applicable for H1-B transfer as well?
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
History - I filed my 485 in EB3 PD March 2004. Married after that, waiting to file my wife�s 485 for PD. Hence I am maintaining my H1 as well as H4 for my wife.
I can�t use my EAD.
I am working as software engineer at a client location for the past 8 yrs. A corporate wide new policy at client location forces me to take full time or quit the job as not allowing a contract for more than two years continuously. I work for a very small American Consulting company and one or two employees in W2. Hence my option to get another client is very limited.
I like to see what are the options legally can be possible without affecting my GC and legal residency of me and my wife.. I am now on my 11th year on H1 -B
Can I switch to new employer with a H1 transfer (not using EAD) using AC 21 where the 485 was filed by different employer. Is it possible / I mean using H1B to a new employer not EAD. And extending the H1-B continuously?
In case if I switch my job, and if the PD become current what are my options? Is my existing 485 application still valid? Can I file my wife�s 485 during the time.
Can I continue extending my H1-B based on my old I-485 EB3 with the new employer more than one time. assuming my PD may take more than another 3 yrs.
Do I require to start again my GC process? Or Can I continue with the same existing filed application?
I can start a fresh GC with the new employer with EB2 as I gained another 6 yrs experience. But don�t know how long it takes, Can I continue extending my H1-B based on my old I-485 EB3?
Any advice is appreciated.
Thanks
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lazycis
12-20 09:22 AM
She's done it aready. Why worry about the future? I do not see a problem with switching from B2 to H1. Hope she was not working while on B2 :)
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thomachan72
11-26 12:49 AM
what is the reason for the denial? Only after knowing that you can determine whether you could apeal or not. Let us know what the denial reason is.
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eager_immi
02-01 07:40 AM
Why do people do this every month DOL, USCIS, president and no one can predict this, so what is the point?
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raysaikat
08-25 11:09 AM
I've an appointment in October at Munich, Germany consulate for H1B stamping. Because of time constraints I decided to get the stamping done when I'm out there for work. I've already obtained the german visa (though had to provide plenty of explanation !). This is my 9th yr extn (MS, EB2 - 140 approved)
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I have experience with Frankfurt. They gave me 221(g) for security clearance. I had to wait in Germany for nearly 2 months. I think the likelihood of getting a 221(g) will be high.
Wherever you go, be prepared for 221(g) and a lengthy wait (3-4 months). I.e., make sure you have the resources to stay for that long a time wherever you decide to go.
- Can anyone share their experience at the Munich consulate?
- or, should I plan going to Canada and trying rather taking the risk in Germany?
thanks,
I have experience with Frankfurt. They gave me 221(g) for security clearance. I had to wait in Germany for nearly 2 months. I think the likelihood of getting a 221(g) will be high.
Wherever you go, be prepared for 221(g) and a lengthy wait (3-4 months). I.e., make sure you have the resources to stay for that long a time wherever you decide to go.
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TheOmbudsman
06-14 10:27 AM
That's expected. The CIR contains highly controversial language there dealing with illegal aliens, which is clearly opposed by the majority of Americans. We are in the middle of it. That is it. It is silly expect otherwise. If you follow the results of last elections, you will see that there is a tendency that supporters of illegal alien legalization are losing. More and more we associate our provisions with CIR, less chances for us to see a bill passing.
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jnraajan
04-11 01:13 PM
Guys
I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.
In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.
We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..
I have a question. Why is it that no one, including AILA, considered filing a lawsuit asking USCIS to do their jobs.
In this world of retrogression and uncertainity, USCIS is processing very slowly. If they can use all 140,000 visa numbers and the recaputre numbers from 1999-2000 (I think it is around 220,000), we might not have this problem here today.
We are not asking them to make any changes to law or administrative fixes. All we are asking is that they do their jobs efficiently. So, why is it no organization has tried this? or has this been tried before and failed..
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Cherrymn
02-17 04:29 PM
I was initially issued pp for 5 years in India. Last year in '08 when it was expiring, i sent application for renewal of passport (NY Consulate) based on my EAD. However, instead of renewing it for another 5 years they renewed it for 1 year only. When I called the office, they said that they receive tons of pp's lon EAD which can be renewed for a year only.
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
Did anybody face this same problem? Can I apply for new passport based on I-485 receipt and would they issue passport for another 5 or 10 years?
Thanks in advance
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gparr
November 28th, 2004, 09:05 AM
Thanks to all and welcome to dphoto Jamie
Gary
Gary