reapit
03-22 04:54 AM
Hi,
Can i transfer my H1 while in India? I have a stamped visa valid till June 2011 and am planning to change my employer
Thanks,
Bikash
Can i transfer my H1 while in India? I have a stamped visa valid till June 2011 and am planning to change my employer
Thanks,
Bikash
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raysaikat
06-15 04:07 PM
Yes I did send a copy of I-485. I also sent a copy of her previous approved AP.
Did you send copy of her I-485? I-485's are individual petitions.
Did you send copy of her I-485? I-485's are individual petitions.
MONCYS
03-30 05:16 PM
Thanks coolpal.
Do they have any risk in keeping me on bench while on EAD compared to H1b?
Do they have any risk in keeping me on bench while on EAD compared to H1b?
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deafTunes123
10-15 01:03 PM
October 13, 2008 (Computerworld) A recent review of 246 H-1B visa applications by U.S. Citizenship and Immigration Services (USCIS) found that 21% contained fraudulent information or "technical violations" of federal laws and regulations.
The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).
USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators
* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.
The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.
Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70
The violation rate was even higher in cases involving computer professionals. Twenty-eight of the 104 that were examined, or 27%, had violations of some sort, according to a USCIS report that was finalized in September and publicly released last week by Sen. Chuck Grassley (R-Iowa).
USCIS investigators examined a random sample of the nearly 97,000 H-1B petitions filed in late 2005 and early 2006. They found problems such as forged signatures, fake degrees and the use of shell companies in applications. Other issues were discovered during visits to work sites. For instance, some employers "benched" H-1B holders when work wasn't available or had them doing jobs that weren't listed on their visa applications, the report said.
Fraud indicators
* Businesses with 25 or fewer employees and revenue of less than $10 million had higher rates of H-1B fraud than larger companies did, the USCIS said.
* Of 114 cases involving workers from India, 25% were found to involve fraud or technical violations. No other countries had statistically valid samples.
The report's authors called the level of fraud a "significant vulnerability" for the H-1B program and wrote that the USCIS is making "procedural changes" in response to the findings. An agency spokesman said Friday that possible steps include checking applications against external records and using fraud indicators to flag petitions for increased scrutiny.
Source::
http://www.computerworld.com/action/article.do?command=printArticleBasic&taxonomyName=Legislation%2FRegulation&articleId=327957&taxonomyId=70
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ABC of GC
04-03 01:50 PM
Thank you,
KarachiWala
12-12 07:19 PM
I have my AP approved H1 valid till 2009 but stamp expired. If I marry a non us resident and bring her on H4 and Myself enter in US using AP. Does it mean that my H1 is invalidated?
Does it mean that my wife's H4 will be invalidated also and she becomes out of status since my H1 is invalidated?
Or I am completely wrong here?
I can't file her 485 since my PD is not current and also I cant have h1 restamped cause it takes way long to get it stamped.
Any Idea?
Does it mean that my wife's H4 will be invalidated also and she becomes out of status since my H1 is invalidated?
Or I am completely wrong here?
I can't file her 485 since my PD is not current and also I cant have h1 restamped cause it takes way long to get it stamped.
Any Idea?
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ujjvalkoul
07-24 10:38 AM
How is the consular process for India these days? Is it painful - wait-time etc..just like everything else?
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Dhundhun
07-15 12:21 PM
I am a July 07 filer. Recently I sent in EAD renewal application and got it approved within a month. When I saw my EAD card the Sex category on it was F instead of M. Now what are my option. Should I reapply for EAD or continue working on it. I changed my employer last month and am currently working on EAD.
TIA
you need to contact USCIS at the phone number to contact in case of errors in EAD. This number is sent in mail along EAD card.
TIA
you need to contact USCIS at the phone number to contact in case of errors in EAD. This number is sent in mail along EAD card.
more...
jthomas
05-04 02:35 AM
Maybe USCIS would earn more income by telling the illegal immigrants to file EAD/I-485/Biometics every year etc.. Immigration attroneys would earn good money by replying to RFEs for 12 million immigrants. Getting this 12 million illegal immigrants legalized will surely improve the economy.
Everybody would be kept in the same backlog as we are. Illegal immigrants will stand in a que behind the legal immigrants. so you got the point
Everybody would be kept in the same backlog as we are. Illegal immigrants will stand in a que behind the legal immigrants. so you got the point
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Blog Feeds
08-10 10:00 AM
The Department of Labor (DOL) issued new PERM FAQs (http://www.h1b.biz/lawyer-attorney-1135851.html) on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a "business day" for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
* Expedite Requests - DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) - DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer's website. However, the physical Notice of Filing shall not be sufficient for this purpose;
* Unsolicited Documentation - DOL emphasizes that if unsolicited documentation is provided to the OFLC in support of a pending PERM application, then the application will automatically be placed in the audit queue;
* Business Day - As part of the required recruitment procedures to support a PERM application, a Notice of Filing must be physically posted for 10 consecutive business days. The OFLC clarifies that for purposes of the Notice of Filing, a business day will be defined as Monday through Friday, except for Federal holidays.
If you need support with your PERM case, feel free to email me. (http://www.h1b.biz/lawyer-attorney-1111083.html)
More... (http://www.visalawyerblog.com/2010/08/perm_labor_certification_dol_p.html)
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xtronics
03-26 08:46 AM
aguy,
You are eligible for 1yr extensions. If your I-140 is approved, you can get 3 yr extensions. Since you are saying it is NIW, it is always better to be on H1 because those cases are approved after intense scrutiny. Where was your I140 application sent?
You are eligible for 1yr extensions. If your I-140 is approved, you can get 3 yr extensions. Since you are saying it is NIW, it is always better to be on H1 because those cases are approved after intense scrutiny. Where was your I140 application sent?
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sathan9890
03-28 06:37 PM
Six years of my H1B expires on Oct 2010. Company A had filed my PERM in April 2009. I was laid off by Company A in Jan 2010. I found another employment and joined Company B in Feb 2010. Company B has filed for H1B transfer with 2 months recapturing while I was outside US thus possibly a visa date of Dec 2010. I've read in this forum that Company B can ask for 7th year extension based on pending LC for more than 365 days with Company A. But my LC from Company A was approved in Feb 2010. Company A will not file I-140 for me. Can someone please tell me if it is still possible for 7th year extension with approved PERM but no pending I-140?
I'm seeking help here as I need to plan ahead for kids education and home. Thanks to IV.
I'm seeking help here as I need to plan ahead for kids education and home. Thanks to IV.
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Green_Always
02-27 09:16 PM
Yes Great Inovation and Technology looks promising, need to see how this grows.
Let it Bloom soon... in every backyard and household.
Hope we can take this to Villages and Small cities in India.
Let it Bloom soon... in every backyard and household.
Hope we can take this to Villages and Small cities in India.
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chanduv23
09-28 04:33 PM
^^^^^^^^^^
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Marphad
12-30 04:47 PM
Hi All,
I filed my I-485 in month of August 2008. I have FP appointment for me and my son on 31st Dec 2008, and for my wife on Jan 2nd 2009. Can my wife just walk in for finger print on 31st along with me and my son ? or she only need to go on 2nd Jan ?
Will appreciate your response.
I read one IV post where somebody did the say. They allowed wife's finger print also. You can always try!
I filed my I-485 in month of August 2008. I have FP appointment for me and my son on 31st Dec 2008, and for my wife on Jan 2nd 2009. Can my wife just walk in for finger print on 31st along with me and my son ? or she only need to go on 2nd Jan ?
Will appreciate your response.
I read one IV post where somebody did the say. They allowed wife's finger print also. You can always try!
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gcloner
04-15 01:00 AM
You need to bring more clarity in your questions. Has your GC been approved and you are waiting for it to arrive in mail? or it is still pending approval. You do not need any visa to leave US. You will need it to get back in.
Be more clear in your questions and someone will reply.
sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????
Be more clear in your questions and someone will reply.
sorry bout that. gc is still pending in NSC for approval.. had my valid h4... can i still use it incase i stayed in my country for like 7 mos. and gc was approved right after i left the US, can i still go back here in the US with just the valid h4????
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chrisclick
04-10 01:13 PM
lol :P
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go_guy123
09-03 09:31 AM
Jan Brewer Starts Badly, Finishes Worse, In Last Night's Arizona Gubernatorial Debate (VIDEO) (http://www.huffingtonpost.com/2010/09/02/jan-brewer-starts-badly-f_n_703559.html)
All's well that ends well. If she wins the election (likely), her strategy pays off. Doesn't matter what "talking-heads" aka pundits say.
All's well that ends well. If she wins the election (likely), her strategy pays off. Doesn't matter what "talking-heads" aka pundits say.
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vivasvan
07-26 03:48 PM
Hi,
A consultancy firm applied for my H1b Visa this year (2009). USCIS has denied the visa showing the reasons like:
1) My manager (CEO of the company) and the person I will work under (From the client company) is different.
2) They questioned in same line about the place of my work.(office of the firm and the client).
3) They have some points regarding wages of previously employed H1bs of the firm.
There's no point however about my qualification and experience (I have a degree from IIT and work at India branch of one US multinational). The company says that they have a number of approvals this year and the particular decision depends on the officer at USCIS to a large extend. They can re-appeal addressing all the concerns mentioned by USCIS.
How much are the chances are that a denial would be converted to approval. Is the USCIS going to be very strict and judgmental about the re-appeal of the denial?. May be it is hard to tell, by I greatly appreciate any help/suggestion...
Regards,
Vivasvan
A consultancy firm applied for my H1b Visa this year (2009). USCIS has denied the visa showing the reasons like:
1) My manager (CEO of the company) and the person I will work under (From the client company) is different.
2) They questioned in same line about the place of my work.(office of the firm and the client).
3) They have some points regarding wages of previously employed H1bs of the firm.
There's no point however about my qualification and experience (I have a degree from IIT and work at India branch of one US multinational). The company says that they have a number of approvals this year and the particular decision depends on the officer at USCIS to a large extend. They can re-appeal addressing all the concerns mentioned by USCIS.
How much are the chances are that a denial would be converted to approval. Is the USCIS going to be very strict and judgmental about the re-appeal of the denial?. May be it is hard to tell, by I greatly appreciate any help/suggestion...
Regards,
Vivasvan
abhijitp
02-11 10:37 AM
Thanks wandmaker and solaris27!
prince40
03-15 10:20 PM
concurrent filing means filing of I-140 and I-485 together not two I-140s.
why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
Are you trying to mock all the IV members? Or just being silly?
by concurrent i meant can you file two i-140s under the same EB2 category [regular and NIW] at the same time??
P.S.-regarding my profile that's the default setting w.r.t priority date etc when i set up my account., trying to edit this
why do you want to put false data on your profile? such as EB1 at Perm stage with 2000 priority date?
Are you trying to mock all the IV members? Or just being silly?
by concurrent i meant can you file two i-140s under the same EB2 category [regular and NIW] at the same time??
P.S.-regarding my profile that's the default setting w.r.t priority date etc when i set up my account., trying to edit this
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