zCool
04-02 08:50 PM
1. You can definitely change the employer and invoke AC21. No issues there..
2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.
2. You can change AOS to consular, but not after you've invoked AC21.
Actually there's probably a way to do that too , but maybe a good (and probably expensive) lawyer needs to be consulted.
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madhu345
03-28 02:30 PM
Core Team please advice.
starscream
06-06 10:29 AM
Below is a decsription of this amendment from AILA document which lists all the amendments that were discussed yesterday
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
http://www.aila.org/content/default.aspx?docid=22584
It confirms that the amendment #1231 applies to Y visa only. On the Senate discussion thread yesterday when this amedment was being discussed some body mentioned something along the lines that that Sen. Kennedy said he supported employer recruitment for all jobs and that really scared me ... I think Sen. Kennedy might have been referring to jobs that require the Y visa
This amendment does not mention anything on H1Bs. There was a lot of discussion on this point yesterday. I think we can breathe a litlle easy now.
The CIR does have other restrictions on H1B like $5000 more fees, restrictions for consulting companies & non-disaplacement clause but I don't think any GC type LABOR CERTIFICATION is required.
From the aila doc:
Durbin Amendment (#1231) to Remove DOL-Determined Labor Shortages as an Exception to Y Visa Recruitment Requirements
Senator Durbin (D-IL) introduced an amendment that eliminates DOL-determined labor shortages as an exception to employer recruitment requirements for Y visas. Senator Durbin argued that the amendment is an attempt to require that jobs be offered to Americans before they are offered to Y visa holders in the new worker program. Removing the provision in the underlying bill allowing the Secretary of Labor to declare labor shortages, he said, would achieve this, since all employers who use the Y visa program would always be required to offer jobs to Americans first. Senator Durbin cited the AFL-CIO as a strong supporter of his measure. Senator Grassley (R-IA), a co-sponsor of the amendment, also expressed his support for the amendment.
Senator Specter argued in response that this amendment is simply unnecessary, since American workers and their wages are already protected under the law. Senator Kennedy, however, expressed support for the amendment. He agreed with the general principle that a measure protecting American workers is good for the country. Ensuring that new Y visa workers don’t encroach upon American jobs or affect American wages, he said, is a step in that direction.
The amendment was agreed to by a vote of 71-22.
--------------------------------------------------------------------------------
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DDD
06-21 12:58 PM
It would be a good idea to post some of your works. Or some references.
more...
India76
07-14 02:29 PM
Thanks for the reply...
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
Job will be same/similar as what I am doing right now.
What should I need to make sure with current company before leaving? like should I request them not to revoke my I-140...what else?
validIV
03-20 02:29 PM
Check with the prevailing wage for your new location that matches your job title/description. It needs to be close to that.
more...
smdfarooq
06-01 02:20 PM
Dear Friends,
I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways
I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.
My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case
Your response would be highly appritated
Thanks
Farooq
I am some one might have gone through this situation. I tried to look for old post but couldn't find it.. Anyways
I have an Advance payrol, I went for Stamping at Chennai US counslate. They sent for Name check verification(Security Clearence). I have been living in US since 2000 and travelled back and forth many times and got visa stamped many times and they kept my passport and upon mailing they will send my passport.
My question is Can I use Advance Payrol while my H1B stamping case is sent for Name verification(security Clearence)..Please let me know any one has use AP in this case
Your response would be highly appritated
Thanks
Farooq
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ak27
07-18 08:33 PM
What is the best possible solution to get around different place birth on Passport and BC. Any has affidavit format for such issue please share it.
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mbartosik
01-28 08:11 PM
URGENT ACTION ITEM
I've asked this of narrower groups, and no luck so far.
Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.
Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.
We have a plan and we have a chance of getting bill 962 revised.
My contact: mark at immigrationvoice.org
my phone 631 233 6830
DO NOT post details here!
I've asked this of narrower groups, and no luck so far.
Tomorrow, Tuesday is the last day for this, Wednesday at the outside.
If you are in MI and have an immigration attorney in MI then call him/her ASAP. Ask if they know any motor company or big corporate executives here on visas. If they do we would like one to testify on Thursday. If not testify then at least add name to a list of executives.
Alternatively, if anyone in big motor company knows of foreign executive, either email me contact details, or ask them yourself, if I ask there is no come back on you. For just create a list of foreign executives and give to me with their job titles, and even phone numbers.
We have a plan and we have a chance of getting bill 962 revised.
My contact: mark at immigrationvoice.org
my phone 631 233 6830
DO NOT post details here!
more...
dionysus
01-16 11:59 PM
Does your RFE for paystubs have any time-bound constraint on it? Meaning, do you have to respond within certain period of time, or can you take indefinite time in responding.
The reason I am asking is because there can be different solutions for these two different scenarios.
The reason I am asking is because there can be different solutions for these two different scenarios.
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BumbleBee
08-15 01:41 PM
Yes lonemetro,
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.
As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)
Try EB1 or EB2 this time :cool:
BumbleBee
You can re-use priority date established on first I-140 for any sub-sequent I-140 filling. As I understand from your post, you have EB3 labor approved and have just filed for I-140 based on it.
Now, parent company wants to transfer you. Generally I would think you should be able to transfer and still have your GC process going if the company indeed is a 'parent company' but seems there is something different here.
As a general rule, as long as your previously approved I-140 remained approved, you can re-use priority date established for that I-140 for any subsequent I-140 petition. The sub-sequent petition can be with any employer, and yes, you would need a new labor to file that new I-140 :)
Try EB1 or EB2 this time :cool:
BumbleBee
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ramaonline
11-01 04:17 PM
485 receipt notice is required for new EAD or for renewal of existing EAD. Pl send them a copy of the I485 receipt notice document in addition to a copy of the existing EAD card
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venkatpuli
07-19 11:02 PM
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martinvisalaw
10-12 04:56 PM
Co. B can file the PERM at any time, but ideally one year before the current H-1B expires, even if that is 8+ years into your H-1B status. Provided that you have a PERM on file 365 days before the end of your H-1B status, the company can extend again based on that PERM #2. The filing does not have to be before the end of your 6th year.
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belmontboy
07-23 02:10 PM
I'm wondering if criminal charges that never lead to a conviction (3 charges in total) can cause a green card holder to get deported? Also, when a person applies to renew a green card after it expired will another FBI fingerprint check be done?
Thanks for the help.
was it no contest or did u plead guilty?
Thanks for the help.
was it no contest or did u plead guilty?
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hebbar77
08-21 09:31 PM
First time a post made absolutely no sense to me!:eek:
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Biking
05-24 11:34 AM
Can anyone tell me what is ADIT processing?
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Templarian
04-06 01:54 PM
Oh for windows development you would want to look into WPF. The basic idea is to change the border style for the window to none (don't know the exact c++ way, but a google search should show). Then you will want to draw your own windows and drag areas.
Also its usually best practice to keep the windows the same from app to app.
Also its usually best practice to keep the windows the same from app to app.
ramaonline
12-08 11:04 PM
H1B requires a minimum of bachelor's degree which is 16 years of education. Also, 3 years of work experience is considered equivalent to 1 year of college education.
You can qualify for H1B if you have some experience in addition to the 3 year degree
You can qualify for H1B if you have some experience in addition to the 3 year degree
wandmaker
11-05 08:50 PM
Walk into near by ASC with your FP notice, explain the situation, they will be able to accomadate you for FP. I read in the forum Wednesday's are usually good for walk-ins. Good Luck!
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
Dear Friends, I may be repeat the question which may asked by some one before, plz bear with me.
we received FP notice for me and spouse (not yet for kid (<5) ) which scheduled in Nov-24 at Charlotte, NC and we moved to CA months back.
1. do we need to call USCIS to change the location and date ?.
2. or can we go directly to the nearest ASC and request for it , showing the FP notice ?.
3. I have updated the address in USCIS using online AR-11 already.
Plz share your experience/advise...
thanks,
====
PD : mar-2005
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