ckumar
09-12 03:24 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
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pasupuleti
04-04 03:20 PM
Here is the link explaining contributions to IV are legal..
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
http://immigrationvoice.org/index.php?option=com_content&task=view&id=43&Itemid=48
tikka
06-07 08:28 AM
Can some one please shed some light on this May 15, 2005 cut off date and its significance ? Does it affect folks who have already filed for labor and I-140 after this date and have got it approved .... say sometime in 2006 ?
hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th
maybe you can refer to that thread and close this one?
thank you
hope this helps:
http://immigrationvoice.org/forum/showthread.php?t=4745&highlight=15th
maybe you can refer to that thread and close this one?
thank you
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dollyGC
07-21 08:10 PM
I'm working with an MNC and I'm abt to start my GC processing.I did go through the forum on threads on Fragomen.My employer's preferred attorney is Fragomen.
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
How good are they ?Else if not is there any other way I could avoid getting the GC processed by them?
more...
rdx0
01-11 04:12 AM
I probabably know the answer of this question but would still like to confirm, just to be sure:
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
- First I-797B Valid from Jan 2004 to Sep 2006 <- Note: wasn't for 3 years
- First Visa valid from Jul 2004 to Sep 2006
- 1st US Entry Date from Aug 2005 till present date
(been to india in Dec 2007 for 1 month for visa stamping)
- First i-94 valid from Aug 2005 to Sep 2006
-Extended I-797A from Sep 2006 to Jan 2009 <-Note: not extended for 3 yrs
-2nd Visa/I-94 valid from Dec 2007 to Jan 2009
My questions?
1. Can my H1B Visa be extended again? This will be my 2nd extension.
2. Till what Date can be extended?
a. Jan 2010 (6 yrs from 1st I-797)
b. Jul 2010 ( 6 yrs from 1st visa stamping)
c. Aug 2011 (6 yrs from 1st US entry)
Thanks a lot !
pappu
03-10 01:19 PM
Mine is 485 pending and my AP had (soft) LUD dated mid of Feb 2011.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
Soft Vs Hard explained here (http:///2011/01/hard-vs-soft-lud-how-to-use-it-to-track.html)
It is really funny. I guess no amount of me explaining about soft LUD would help. People will still track them and waste their time.
more...
venky321
03-23 07:19 PM
I dont think that the USCIS can staff all the Port of Entries with officers who are well versed in every single visa type.
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
It can hardly be expected that a typical POE officer is aware of all the requirements and intricasies of the H1B visa; LCA, prevaling wage, bench, client/employer, paystubs, client letter etc.
Nevertheless it is possible that there might be some POE officers placed at certain places (strategically ? ) in light of recent efforts to enforce H1B and DOL regulations more stringently; especially in light of the recent report highlighting the large amount of frauds and violations in the H1B program. In that case; one should still be fine if one has long term client project, all paystubs, tax returns etc.
Is there any way Immigration voice can find out if there has been a change of policy to enforce H1B regulations at the Port of Entry? (In addition to consular interviews and applying for the H1B itself)
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raysaikat
11-13 02:34 PM
Appreciate your prompt response Raysaikat. If I get the J1 waiver from Australia, can I file directly under the EB2-NIW without changing to H1B.
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
Yes. EB2-NIW (in general, any green card application) has no relation with H1-B.
After completing my MS (Molecular Biotech) and PhD (Veterinary Science) in Australia, I am currently working on a J1 visa for the last 3 years in US university. My employer cannot sponsor my H1B/ Green card but I can get recommendation letters and I have 6 publications including 3 first authors. Thanks, Palani
more...
kevnss
04-01 02:01 PM
If you have to use EB2, you have to interfile your application to EB2 after the EB2 I140 gets approved. Until then, your category is EB3. If you change the employer now, you would be using the AC21 for the EB3.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
If you want to interfile with EB2, you would need to wait until the EB2 I140 gets approved.
The process with interfiling is not very clear. This means that, once you interfile for EB2, until you get a letter stating the interfiling was successful, you don't know which job position and job duties to follow while changing company.
So that means I can switch based on EB3 and AC21.
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zCool
12-18 04:41 PM
You can't.. It's very risky and not worth the trouble.. I tried and got denied.
more...
techbuyer77
06-19 12:28 PM
I guess it gives you an idea how efficiently they work
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sri1309
11-14 07:58 AM
All,
Here is a hypo situation.
I am sorry this may have been discussed before,.
If 485 from current company is denied, can I use i-140 and EAD and join a different company and have my status safe.. If so, what will be my next steps and what will jhave to be applied again. Current company , lets say will not revoke 140.
Here is a hypo situation.
I am sorry this may have been discussed before,.
If 485 from current company is denied, can I use i-140 and EAD and join a different company and have my status safe.. If so, what will be my next steps and what will jhave to be applied again. Current company , lets say will not revoke 140.
more...
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shreekhand
02-22 08:41 PM
After Employment Green Card wait 5 years.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
After Family Green Card wait 3 years only
Why?
Why Family Green Card less wait time?
not true.
And it is 3 years for spouses starts after 2 years of conditional residence
Again, incorrect.
It is is 5 years for all Family based except marriage to US Citizen (where it is 3 years).
It is NOT 3 years after conditional residence - It is a total of 3 years.
Go check USCIS publication M-476 to enlighten yourselves.
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pady
08-12 02:12 PM
Did you Pay him? If you can prove that you paid them, may be you can file a complaint with USCIS?
Any thoughts Gurus?
Any thoughts Gurus?
more...
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vkotval
03-27 05:12 PM
I think people on H1/H4 are not eligible for medicare. I think you need to be a permanent residence or citizen to avail medicare benefits.
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cygent
06-18 08:03 PM
Dear Attorney,
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
I request your help with the following.
I am working for Client A on EAD through Vendor B & Company C (my W2 holder) in California. I now want to join Vendor B & work for Client A. What are the ramifications based on below?
This is my agreement with C :-
During the term of the assignment & for a period of 1 Year following the termination of the business/employment relationship between C & cygent, cygent will not do any of the following:
1. Directly or indirectly call on, solicit, or take away (directly or through another entity) any of C's customers or potential customers cygent became aware of as a result of performing services for the above referenced assignment; or
2. Directly or indirectly offer or attempt to offer (directly or through another entity) services that were offered via C for the same projects that were performed under the agreements between C & cygent, or
3. solicit or hire away any of C's employees or contractors C became aware of as a result of performing services under agreements between cygent & C.
cygent will be held responsible for any losses suffered by C due to violation of the terms stated in this agreement. jurisdiction is County of Alameda, California.
Thank you & Regards,
CYGENT
more...
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alterego
11-14 08:49 AM
If your 485 is denied, all derivative benefits like EAD/AP are also lost. You therefore can't use EAD for another job even if 6 months have elapsed.
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ss1026
06-23 01:57 AM
From the horse's mouth
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
"Adjustment applications and ancillary benefits � The new application fee for an I-485 is a package fee that includes associated EAD and advance parole applications. Thus, if you file an I-485 with the fee listed above, while you will still need to submit applications for an EAD and advance parole, you will not need to pay a separate fee so long as your adjustment application is pending. However, if you filed your I-485 before this fee change, to apply for or renew your EAD or advance parole, you must file a new application with the new fee for those applications."
The new fee for I-485 is $1010 but you do not need to pay any additional fees for EAD/AP renewal for the duration of the application which is pretty good saving in my view if you are an indian with with a PD of say 2005 or later under current law.
For comparision purpose, the current fees structure would cost you $325 (for I-485 - one time fee) + $180 ( EAD - Yearly renewals) + $170 (AP - Yearly renewals).
After writing this email, I realised it could be a decent savings under the new system for ppl like me (India.. 2005 PD). I would have gone for it had the fees kicked in earlier than the current July 30th date. Oh well. I will rather file my I-485 and take the AC-21.
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mrajatish
06-25 06:46 PM
does that mean no hope left ? what r the other options ? isn't this whole process is for future employment and if i am licensed now than whats the problem in future employment i don't understand that part "future employment". i am on h1 now and if i will get my residency than i will be working at that position and i am licensed now. then why does the old date matters.
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
is it true guys ??
Because the LC is for a particular qualiication that needs to have happenned at that time - would it be ok if they calculate a new LC salary by adding the inflation?
sertasheep
09-03 10:27 AM
IV Members can access the recordings of the previous conference calls at the following URL : http://immigrationvoice.blogspot.com/
To date, recordings from the following conference calls are available:
09/01/2006
08/11/2006
07/28/2006
You are encouraged to send in your questions, per the procedure outlined in the thread Free Legal Advice/Opinion from Immigration Lawyers (With Transcripts)
(http://immigrationvoice.org/forum/showthread.php?t=1267/)
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer: The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials. IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
To date, recordings from the following conference calls are available:
09/01/2006
08/11/2006
07/28/2006
You are encouraged to send in your questions, per the procedure outlined in the thread Free Legal Advice/Opinion from Immigration Lawyers (With Transcripts)
(http://immigrationvoice.org/forum/showthread.php?t=1267/)
IMPORTANT DISCLAIMER:
By participating in any conference calls or reviewing a transcript or recording of any conference calls, you agree that you have read and understand the following disclaimer: The information provided during these conference calls as well as any transcripts or recordings posted on this website or websites of participating law firms or attorneys is of a general nature and may not apply to any particular set of facts or to all circumstances. It should not be construed as legal advice and does not constitute an engagement of any participating attorneys or in any way establish an attorney-client relationship with any participating attorneys. You should not rely solely upon information that you may receive during any conference calls, or any transcripts or recordings of conference calls. You should consult an attorney of your choosing to obtain advice for your particular situation. Laws and regulations are constantly changing. The information provided during any conference calls and their transcripts or recordings was pertinent at the time of the conference calls, but may become outdated. We are not responsible in any way for any outdated materials. IN NO EVENT SHALL ANY PARTICIPATING ATTORNEYS, LAW FIRMS, INDIVIDUALS, OR IMMIGRATION VOICE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH PARTICIPATION IN ANY CONFERENCE CALLS, THE USE OF THIS WEBSITE, OR ANY OTHER WEBSITE WHERE TRANSCRIPTS OR RECORDINGS MAY BE POSTED, REGARDLESS OF WHETHER SUCH DAMAGES ARISE OUT OF CONTRACT, TORT OR OTHERWISE.
shined129
07-08 08:58 AM
Yes paid through ssn and paid taxes
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