americandesi
08-29 07:23 PM
Today, my friend told me that there is new policy prohibiting employees from paying the H1B application fees for their employers. Has someone heard about this policy? If so, would you please provide me some more details on the issue? Where could I find the policy?
I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!
Prohibiting employees from paying the H1B application fees is not a new policy. It has always been there.
Refer violation 4.(i) in http://www.dol.gov/esa/forms/whd/WH-4.pdf
However there is a new policy prohibiting employees from paying Labor related expenses in GC process.
I have got two offers. Both the employers are willing to help me apply for H1B, but I need to pay all the fees by myself. I think that is ok for me. But under this new policy, I am not sure whether this strategy would work out or not. I really very worry about this issue. Your kindly help is highly appreciated!! Million thanks!
Prohibiting employees from paying the H1B application fees is not a new policy. It has always been there.
Refer violation 4.(i) in http://www.dol.gov/esa/forms/whd/WH-4.pdf
However there is a new policy prohibiting employees from paying Labor related expenses in GC process.
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kewlchap
04-07 05:48 PM
Thanks. So how can I find out more about what exactly got updated? On the USICS site, it shows that my AOS was updated in Dec 2007, but nowhere does it report what kind of update it was. Any thoughts?
Ann Ruben
02-20 05:56 PM
Hi Simi,
The fact that the company that sponsored your GC shuts down or files for bankruptcy should not have any impact on you. As long as you have an approved I-140, an I-485 pending more than 180 days and a job offer in the same or similar occupation, you are protected by AC-21.
It would be prudent to make sure that you now have copies of all documents relating to your GC case, including complete copy of LC, I-140 petition and supporting docs, H petitions, pay records etc.
Ann
The fact that the company that sponsored your GC shuts down or files for bankruptcy should not have any impact on you. As long as you have an approved I-140, an I-485 pending more than 180 days and a job offer in the same or similar occupation, you are protected by AC-21.
It would be prudent to make sure that you now have copies of all documents relating to your GC case, including complete copy of LC, I-140 petition and supporting docs, H petitions, pay records etc.
Ann
2011 Lady GaGa - Judas
andy garcia
11-07 02:24 PM
Hi,
I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?
yea...I did search this and some of the other forums :confused:
Tanks
Taken from: Yates Memorandum (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf)
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
I am unable to determine if the 180 day timeline is calculated from RD or ND? There are different opinions here in this forum and no clear answer. Is there a law text that defines this clearly...does anybody know?
yea...I did search this and some of the other forums :confused:
Tanks
Taken from: Yates Memorandum (http://www.uscis.gov/files/pressrelease/I140_AC21_8403.pdf)
If the Form I-140 has been approved and the Form I-485 has been filed and remained unadjudicated for 180 days or more (as measured from the Form I-485 receipt date), the approved Form I-140 will remain valid even if the alien changes jobs or employers as long as the new offer of employment is in the same or similar occupation. If the Form I-485 has been pending for less than 180 days, then the approved Form I-140 shall not remain valid with respect to a new offer of employment.
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TO BE OR NO TO BE
05-31 05:00 AM
Hello:
I need some help. Here is my situation.
I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.
I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.
Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.
Has anyone done this before?
Any help would be greatly appreciated.
Thank you for all your answers.
I need some help. Here is my situation.
I am in USA on H1B since 1999. I am working with Company A since September 2006 on H-1B. My 485 is filed by Company A under EB3 in July 2007 with PD 10/2006.
I am in process of changing job from Company A to Company B in same field using AC-21 and EAD. My last day with Company A would be June 10th. I have an offer letter from Company B and going to join them on EAD in June end / early July (my start date is flexible). AC-21 will be filed by Company B's lawyers once I join them.
Meanwhile if I want to travel to India (no emergencies, just want to see the family), can I use my AP to return? My current AP expires in December 2011.
Has anyone done this before?
Any help would be greatly appreciated.
Thank you for all your answers.
jnraajan
03-24 05:24 PM
Yes. Every single day spent outside the country can be taken into account. Even though, I was never in danger of reaching the 6 year period, when I applied for my 7th year extension, USCIS did include 6 weeks of vacation time to my approval.
more...
mygcstory
07-20 03:33 PM
Does anyone know if the B1 visa can be extended in US? The visa stamp on the passport is for 6months. when entered US, the officer granted 5.5 months of stay.......
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
I am thinking I simply appy for B1 extension 30 days before I-94 expiry date and the actual visa stamp on the visa does not matter.....is it true
Thanks for your time!!
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samswas
04-21 02:47 PM
My Daughter is traveling on AP, she does not have an EAD.
Her H4 is valid until 8/1/2010, and AP is valid until 10/10/2008. She is coming back here on 8/12/2008
Can anyone please help me with this question?
What will be her status, after using AP? Will she be on H4? I can not apply EAD for her.
Her H4 is valid until 8/1/2010, and AP is valid until 10/10/2008. She is coming back here on 8/12/2008
Can anyone please help me with this question?
What will be her status, after using AP? Will she be on H4? I can not apply EAD for her.
more...
tonyHK12
09-29 02:52 PM
No point in dreaming about getting any support from dems, they will bring up DREAM act for illegals and will hold legals hostage until CIR.
Our best chance is to get support from the republican pro-legal immigration senators like - Cornyn, Kyl, Judd Greg etc..
I second this. How about getting our members to contact them by phone or mail for support?
Our best chance is to get support from the republican pro-legal immigration senators like - Cornyn, Kyl, Judd Greg etc..
I second this. How about getting our members to contact them by phone or mail for support?
hair Lady Gaga - Judas - 2011
solaris27
08-07 01:51 PM
yes its changes online also but don't count on it..
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paskal
09-05 12:02 PM
so many reasons not to attend.
why are you searching?
but then "one more" suggests you have your list already.
as if you or I are attending (or not) because of the attitude of 'desis'
please gimme a break.
there are also reasons TO attend.
spend some time on that please.
btw the first 4 lines of that are good...need a better punchline!
why are you searching?
but then "one more" suggests you have your list already.
as if you or I are attending (or not) because of the attitude of 'desis'
please gimme a break.
there are also reasons TO attend.
spend some time on that please.
btw the first 4 lines of that are good...need a better punchline!
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himu73
07-03 10:34 AM
If for a moment we say USCIS has really increased the processing rate and more people are getting green cards which we see is the case. It may signal that on Oct 1st,2007 dates will move ahead of what was the scenario in May visa bulletin.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
If we forget the mistake they did in July bulletin and see the brighter side that they process faster, we should hold back our applications now and wait for the scenario on Oct 1st 2007, which would be hopefully a give a good realistic forward movement in dates. Since receipt date is important we should not get emotional and send in the application. This is just a thought.
Making Current in July was anyway like a lottery which denied all calculations based on pending cases.Before getting into law suits and protests which are also needed we have to take stock of all the implications and whether we really can provide 100% to these efforts.
From the posts coming since yesterday, most of the members are agitated and it seems we fail to realize that this event itself was a miscalculation and all of us were trying to get benefit of it considering the long waits we have endured for just getting a chance to file AOS.
We also knew that even if the applications are accepted there was no way we can get our green cards for a long time. AC21 and EAD for spouse was the main aim of many applicants.
This is really a sad story of people who have sacrificed career prospects, faced family separation, made important decisions like marraige.
Hope this post makes sense and we take a step back and reconsider our actions. This is not out of fear but past experience of lawsuits explained in other posts.
more...
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saileshdude
09-08 04:57 PM
Can anyone tell me an effective way to contact congressman and senators office. I left voicemails to their respective persons handling immigration matters but haven't heard from them. Can anyone tell me if there is a more effective way to contact them?
tattoo Lady Gaga 2011 Judas
InTheMoment
06-22 08:08 PM
From what I have heard from close friends/relatives, your option B is correct.
Also, people living abroad and coming here and getting citizenship is only possible as you know if they fulfill the physical presence and continuous residency requirements. Further, since they have a US address (and can provide proof for it), why should the 90 days USCIS district requirement be an issue?!
Also, people living abroad and coming here and getting citizenship is only possible as you know if they fulfill the physical presence and continuous residency requirements. Further, since they have a US address (and can provide proof for it), why should the 90 days USCIS district requirement be an issue?!
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cbpds
07-23 06:19 PM
According to the revised law, a law officer cannot approach any legal immigrant and ask for documents unless he is already questioning that person for some other offence
Hence I dont think u need to take the docs to an Ice cream shop, but a copy in the car or something wud suffice logically !!
Has anyone considered: In Arizona, what's going to happen to all of the immigrants who are there perfectly legally and are actually creating American jobs via the EB5 green card program? Will the be harassed? I say probably.
Hence I dont think u need to take the docs to an Ice cream shop, but a copy in the car or something wud suffice logically !!
Has anyone considered: In Arizona, what's going to happen to all of the immigrants who are there perfectly legally and are actually creating American jobs via the EB5 green card program? Will the be harassed? I say probably.
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eager_immi
07-19 06:32 AM
I did the same thing for my husband. But since they have his h1b papers as well i think it should not be a big probblem.
Thanks
I have already sent my 485 application
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
Thanks
I have already sent my 485 application
1-140 cleared
In the field I94# and expiration I entered I 94 number which is on the white card on the passport and it is the same as the number on my renewed h1 papers.However I entered expiry date from the i94 on the passport,which is oct06 instead of the 010 date in the renewal.
will that be a problem..? CAN I CORRECT IT AFTER I get the reciept no or will thay be able to verify with the latest h1 paper that i94 is valid
more...
makeup Lady Gaga - Judas (Radio 1#39;s
honeybee
09-25 03:26 PM
that's excellent news, but may not be very helpful for those whose priority dates are retrogressed, whether the I-140 is approved in 1 month, or 12 months.
Premium processing (i.e. PERM) helps labor applicants more because of the difference in processing times between regular and PERM processing.
For I-140 the average processing time is about 3 months only (source: http://www..com/usa-immigration-trackers/i140-graph/), so what's the big advantage of premium processing for I-140? Are they going to approve I-140 in one day with premium processing?
Premium processing (i.e. PERM) helps labor applicants more because of the difference in processing times between regular and PERM processing.
For I-140 the average processing time is about 3 months only (source: http://www..com/usa-immigration-trackers/i140-graph/), so what's the big advantage of premium processing for I-140? Are they going to approve I-140 in one day with premium processing?
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singhsa3
02-06 12:11 PM
Strange but its true.. Height of stupidity. Read the story below:
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
http://webtracy.blogspot.com/2008/02/california-mechanics-liens-homebuyers.html?ref=patrick.net
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wandmaker
11-05 01:28 PM
Hi guys,
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.
My LCA got denied today (reason unknown) and my H1-B has expired on Nov. 1 as well. :(
I also have a pending I-485 petition with approved I-140. I also have a valid EAD. So I assume, I am currently shifted to AOS pending status working on EAD.
My question is whether this denial negatively affects my pending I-485 application? I assume not but just wanted to confirm anyways :confused:
Thanks for you responses.
Your H1B LCA denial will not have negative impacts on your GC. To keep the records clean, fill out a new I-9 form and submit to HR.
gc_check
06-25 07:00 AM
My attorney has asked to send color copies of the driver's license for 485 filing. I just now realized that I have not changed my address on the license. Will that be a problem? Is it critical to have current address on the license? Any thoughts?
Yes, It is critical to have the current address in the DL. From your ID, friend_in_NC looks like you are from North Carolina. You need not go the DMV to change the address, can get it done over the internet and your new DL will be mailed within a week. Copy of DL is used only for EAD, you can file EAD after a week. Also state rule require you have the current address in DL. If you moved you have to get this done within 60 days.
https://edmv-ddl.dot.state.nc.us/DuplicateDriverLicense/Home
Yes, It is critical to have the current address in the DL. From your ID, friend_in_NC looks like you are from North Carolina. You need not go the DMV to change the address, can get it done over the internet and your new DL will be mailed within a week. Copy of DL is used only for EAD, you can file EAD after a week. Also state rule require you have the current address in DL. If you moved you have to get this done within 60 days.
https://edmv-ddl.dot.state.nc.us/DuplicateDriverLicense/Home
maxy
02-25 11:34 AM
got few answers ... searching from other sites.
I-130 does play a role, when applying for visitors visa. but that doesnt disquialify anyone from getting visa. you have to show string ties to your country and provide enough evidence that you will come back. there are cases where they hv granted 10yrs multple visas !!
I-130 does play a role, when applying for visitors visa. but that doesnt disquialify anyone from getting visa. you have to show string ties to your country and provide enough evidence that you will come back. there are cases where they hv granted 10yrs multple visas !!
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