nixstor
06-14 01:11 PM
I am interested as well. We can control our own destiny. What kind of issues can one get in RFE's for 485 that we wont be able to answer and the lawyer will? We need a copy of the Labor and 140. Don't we? We can file for AP & EAD now along with 485 or use the receipt number to file for AP & EAD later.
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veritas1
10-16 10:12 PM
I applied for H1B as a Software Test Engineer and my LCA is applied with the same job description. Now i wish to work as Programmer Analyst in the same location specified in the LCA. will i need to amend my LCA or H1B or is it fine to continue with the same LCA. Are there any chances of my LCA getting denied and how long will it take to get the new LCA. Thanking you in advance.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
You will need to have the petitioner file an amended petition only if there has been a material change in the terms and conditions of your employment.
Compare the job duties (not just job titles) of the original and new job to determine if they are in the same Standard Occupational Classification (SOC). See, Find Occupations (http://online.onetcenter.org/find/). If the jobs are in the same SOC, they would both have the same prevailing wage and no material change has occurred. In that case, you may only need to get a new LCA. All LCAs take up to 7 business days to get certified by the DOL. In your case, Software Engineer and Programmer Analyst are probably materially different so an amended petition is most likely the best course of action.
ssprof
08-02 07:08 PM
I googled it
http://www.dhs.gov/xlibrary/assets/cisomb-rr-31-uscis-sop-02-0807.pdf
http://www.dhs.gov/xlibrary/assets/cisomb-rr-31-uscis-sop-02-0807.pdf
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a1b2c3
12-31 02:31 PM
gc gives me flexibility and I intend to use it to further my career goals rather than keep whining about the bad economy.
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Kona Fan
January 24th, 2005, 10:50 PM
Now if Olympus and Konica-Minolta could only collaborate on a next gen dSLR we might hit the jackpot -- dust protection AND anti-shake!
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immm
07-19 10:56 AM
I might send them a couple of recommendations. One of them has to do with issuing receipt notices the same day or next day instead of waiting for weeks by using bar-code technology in forms. I will post a copy of email here once I send it.
more...
mihird
07-09 10:26 PM
It will be subjective of the examining officer...he could choose to deny the 140, issue an RFE or may even just ignore it...
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drirshad
01-30 04:30 AM
You are a better sponsor coz they can reject the visa saying potential immigrant if ur uncle sponsors it and its easier as many parents visit are coming.
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gcseeker2002
11-09 04:11 PM
I am july 2nd filer , received by R.Williams at NSC and still dont have EAD so I took infopass appointment as my case status still shows pending. I did fingerprints about 2.5 months back. I was told in the infopass that my case is still pending so if i do another set of fingerprints, my case would come up to grab attention of the staff at NSC. So, they did fingerprinting again and lo, i saw 2 luds on the 765 yesterday and today , am I really going to get EAD soon or did the infopass uscis guys just fool me and take the fp just to pretend they did something on my case, anybody else faced this, pls respond.
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gcisadawg
03-23 12:04 AM
hi gurus,
please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.
thanks in advance.
My 9th year H1B will expire in two days. My I-140 is still pending with TSC. I've sent my papers for H1B renewal. Hoping to get an extension till March 2010.
Hang on...I-140 approval is the key for 3 year H1B extension and 2 year EAD extension.
please advise what are my options. I-140 is pending and i have 9th year H1-B expiring Dec 2009. still working for same company. in case I-140 stays pending up to December 2009. what should i do to stay in status.
thanks in advance.
My 9th year H1B will expire in two days. My I-140 is still pending with TSC. I've sent my papers for H1B renewal. Hoping to get an extension till March 2010.
Hang on...I-140 approval is the key for 3 year H1B extension and 2 year EAD extension.
more...
fromnaija
06-15 11:30 AM
And your source is???
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dhiruseh
07-31 08:57 AM
Please remember here that earlier employer could use ur I140 for other employees but that rule was also changed in 2008. I140 once approved, you keep I140.
Revoking I140 is not good for employee as it is his application to USCIS in this process and will put him in problem for other employees sponsorship.
Chances are remote.
Revoking I140 is not good for employee as it is his application to USCIS in this process and will put him in problem for other employees sponsorship.
Chances are remote.
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we_can
01-29 04:50 PM
i just noticed your post. i am from portland, oregon. so count me in also. i had posted a message on the orgon state chapter a while ago and have not had a single response yet. Inspite of the large numbers of members in seattle and portland areas, i too am sad to see to this kind of inactivity and non-response.
members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.
we_can
members from northwest (oregon, washington and idaho): This state chapter initiative is very important for our efforts. We are doing this for ourselves and I am pretty sure that these efforts will not harm your career or work in anyway. So, please do reply so that we could all get active and show that we in the Northwest can work for our situations and for iv's efforts in our own way.
we_can
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checklaw
11-20 09:34 AM
Thanks for the reply.
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm
Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm
checklaw
Where does 1099 fit in in the above list?
Are there any benefits of one over the other?
Definitions :
http://seeker.dice.com/assets/help/help_seeker/other/employement_definitions.htm
Independent Contractor :
http://jobsearchtech.about.com/od/jobs/l/aa083099.htm
checklaw
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rajenk
08-17 04:52 PM
Greetings,
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
You have to apply a new I-140 for the EB2 only then you can interfile with I-485.
Look for details in my other post here
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599044-eb3-to-eb2-porting-advice-needed.html
I have a pending 485 application under EB3 category through my wife's application. However, recently her employer applied for the EB3-EB2 change since she already qualifies for EB2. I understand that the priority date remains the same. In our case the priority date is Feb 05. I wanted to know what will be the process going forward. Currently the EB3-EB2 application is on the PERM labor state. Once that gets approved does it mean that our I485 will be adjudicated immediately since for EB2 the priority date has already gone past ours (feb 05)? Or we will need to then apply for another I-140?
If anyone knows the process of EB3 to EB2 transfer can he/she kindly post it?
Thanks
k
You have to apply a new I-140 for the EB2 only then you can interfile with I-485.
Look for details in my other post here
http://immigrationvoice.org/forum/forum105-immigrant-visa/1599044-eb3-to-eb2-porting-advice-needed.html
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solaris27
10-12 04:13 PM
you have to wait till 180 days .
Your employer can revoke 140 in once that you filed i-485 within 180 days .
So you have to make friendship with him till 180 pass .
Your employer can revoke 140 in once that you filed i-485 within 180 days .
So you have to make friendship with him till 180 pass .
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sanju
12-09 12:20 AM
This one is even better
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Blog Feeds
04-23 10:10 AM
In the past week or so we have been receiving many requests for evidence on all H1b cases filed on April 1, 2009. The RFEs received by us and practitioners across the country so far appear to only request that the single page of the I-129 Data Collection sheet be sent with the TARP question answered.
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
Due to the passage of EAWA, USCIS is required to collect TARP (and Section 13 funding) information on each H-1B petitioner. However, by the time the new form became available, we had already completed our packages for the H-1B cap filing period for April 1, 2009. Therefore, USCIS confirmed that the new I-129 form was not mandatory and that only the one page (of the I-129 Data collection sheet requesting the TARP information) was urged to be included.
At the AILA Spring Conference in Washington, D.C., Barbara Velarde, Chief, USCIS Service Center Operations, mentioned that if the TARP information was not included in the filing, the petitions would not be rejected. However, USCIS would need to send an RFE for the TARP information. Unfortunately, this was not clearly explained in the USCIS fact sheet on TARP issued on March 20, 2009. Nevertheless, USCIS is required under the EAWA statute to obtain this information and the easiest way for USCIS to comply is to send an RFE. This is a very annoying and time consuming process for all us dealing with H1B filings, and even more confusing for the clients. We hope that USCIS explain better such crucial changes in future matters.
More... (http://www.visalawyerblog.com/2009/04/h1b_visas_many_rfes_re_use_of.html)
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REQUIRE_GC
01-23 04:55 PM
I am on H1 and my husband on H4.
My 140 is pending.
We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?
I want him to be on h4 status till I get 140 approved.
Thank you.
I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.
Why do you want your spouse to continue on h4?
My 140 is pending.
We recently received EAD for both of us. If my husband applies for SSN but do NOT use EAD or SSN for work . Will he still remain on H4?
I want him to be on h4 status till I get 140 approved.
Thank you.
I am in the same boat. My 140 is pending. I am on H1 wife is already employed with EAD (After getting SSN). According to my attorney Her getting SSN and working will not have impact on My h1.
Why do you want your spouse to continue on h4?
kiran24
05-18 04:45 PM
My mother came for a 6 months visit on December 10th of 2010. But she left in April of 2011 (April 9th 2011), two months short of her 6 month's stay. Can she come again in August 2011 for a six month's stay, and stay till Feb 2012? Or will she have to return in 2 months? (return by October 2011)
My mother has 10 year multiple entry visa.
I heard that a visitor can stay only 6 months in a year, is it true?
If yes, is the calendar year counted from January to december?
Thanks in advance!
My mother has 10 year multiple entry visa.
I heard that a visitor can stay only 6 months in a year, is it true?
If yes, is the calendar year counted from January to december?
Thanks in advance!
pnc
01-18 11:41 AM
My salary in 2011 has been raised by $20K per annum, from what it was in 2010.
Will this have any consequences on my next H-1B renewal OR if i go for visa stamping OR on the PERM application?
Mine is a small company with just 12 employees and I hold the same position as I used to when i sarted. I just want to know if there would be any issues with this on any stages.
Your replies would be appreciated.
Will this have any consequences on my next H-1B renewal OR if i go for visa stamping OR on the PERM application?
Mine is a small company with just 12 employees and I hold the same position as I used to when i sarted. I just want to know if there would be any issues with this on any stages.
Your replies would be appreciated.
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