VivekAhuja
06-16 07:15 PM
Possible if Master's is in same field.
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BharatPremi
05-11 10:21 PM
This is standard message when USCIS receives an RFE response. I had the same message when USCIS received my I140 rfe response.
This is in regards to 485-RFE response. Though text remains similar, meaning could have been different.
This is in regards to 485-RFE response. Though text remains similar, meaning could have been different.
sunnyark1
02-18 10:52 AM
Dear Attorneys, fellow forum members:
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
My situation is as follows:
I am currently working for a 3rd party Indian consulting firm (Company A). They are in possession of my H-1B visa. I came out of a project on January 29th (2 weeks back). My new project starts on Feb 25th. As I am paid on an hourly basis, I am not paid while I am on bench. As a result I don't have a pay stub for a period of 3 weeks.
Will this be a big problem in the future in terms of Green card processing?
The next question is:
In the time I have been on bench, I was interviewing with other companies as well and now I have a direct full time job offer from Company B (not through any consultant). This is an ideal situation in my opinion as my visa is held directly held with the employer under whom I work. Company B has started the process of filing for my H-1B transfer. It says it will take 8 to 10 days for the transfer to complete. Is this true? Also, can I start working for Company B before my visa is transferred or should I wait for the transfer to complete and keep working on the new project I have with Company A in the meantime (see above)?
I appreciate your help and feedback in this regard, as I don't know much about the legal process.
Thank you!
2011 Hairstyle Tips: Pin Grown Out Bangs
seahawks
04-30 03:53 AM
Currently i have my I-140 approved an that is all i know. To be honest, PD to me means "the day my I-140 was approved". Is that true??
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
My wife lives with me on H-4 and she will hopefully get an ITIN this year. Now, how i understand the system, i cannot file for I-485 petition until, the date of my I-140 approval becomes current. Please verify to help me understand this system. Thanks in advance.
PD = Priority date. That is the date that gets assigned to your case which is the date your labor/perm was filed or the date you directly filed I-140 if no Labor/Perm was required. You can only file your 485 once the visa date in the visa bulletin for your EB category is either current, matches your PD month or is a date later than your PD date.
One you file for 485, you can avail benefits like EAD a.k.a workpermit for you and your wife who can choose to use the work permit to avail any job. There can be an argument made that still keep working on your H1, but EAD helps spouses work legally who are otherwise on H4 and are not allowed to work.
Again check with an attorney for legal advice, this is just a nutshell of the process. Hope it helps
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Blog Feeds
03-04 08:10 AM
And now for some good news.....The New York Times and the St. Petersburg Times reported two separate indidents of penalties and [prison sentences imposed on people who provided fraudulent immigration services to foreign nationals.
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
The NYT article (http://cityroom.blogs.nytimes.com/2010/03/01/3-million-judgment-in-immigration-fraud-case/?scp=2&sq=immigration&st=cse) describes how Miriam Mercedes Hernandez was ordered to pay $3 million in fines and restitution to her victims. Ms. Hernandez charged her victim up to $15,000 per person to help them get permanent residence or citizenship within eight month but never performed the services she claimed.
As the article states
Immigration fraud, often orchestrated by immigrants, has proliferated across the country, victimizing people desperate to gain legal residency or citizenship. Law enforcement officials say such schemes are particularly difficult to uncover and prosecute because many victims are in the country illegally and are hesitant to seek help from the authorities for fear of deportation.
Under state and federal law, only lawyers or representatives accredited by the Justice Department can represent people before the immigration authorities. Anyone providing immigration services must also comply with strict rules governing contracts and advertising.
The St. Petersburg Times article (http://www.tampabay.com/news/courts/owner-of-clearwater-immigration-services-firm-gets-prison-for-false-asylum/1077161)describes a Clearwater woman who was ordered to 5 years in prison for filing false asylum claims. She was also ordered to forfeit $800,000 in profits. The defendant filed 274 asylum applications with false allegations of persecution.
See this prior blog posting (http://martinvisalaw.blogspot.com/2009/01/beware-of-fake-immigration-lawyers.html) about "fake "immigration lawyers."
https://blogger.googleusercontent.com/tracker/2893395975825897727-2537361271403623158?l=martinvisalaw.blogspot.com
More... (http://martinvisalaw.blogspot.com/2010/03/two-recent-successful-cases-against.html)
sathishav
03-06 06:26 PM
Yes, as long is there is a 140 or 485 pending some where some place or a Labor pending for more than a year, you are eligible for h1 extension beyond 6 years.
My first 2 extensions after 6 years were based on a labor from previous company.
My first 2 extensions after 6 years were based on a labor from previous company.
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Blog Feeds
08-16 08:50 PM
According to KPBS, A bill to strengthen the U.S.-Mexico border could be a mixed blessing for San Diego. That's because paying for more for border security will require a hike in H1B visas.
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.
The regulations define a �specialty occupation� as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor�s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability".) Likewise, the foreign worker must possess at least a bachelor�s degree or its equivalent and state licensure, if required to practice in that field.
Duane Roth, CEO of the biotech support group Connect, said that could make it more difficult for San Diego businesses to hire qualified workers. He said higher costs for H1B visas may also encourage more companies to outsource.
"A company may consider whether it's better to open a facility in a foreign country and hire the workers that are already there, versus the ability to bring some here to fill the opening jobs," said Roth.
He said the U.S. education system is not producing enough scientists and engineers to staff high-tech companies in San Diego.
I feel that another H1B fee hike will be a death blow to the possibility of retaining talented workers in the US and for small US companies to expand business.
Read the KPBS article here (http://www.kpbs.org/news/2010/aug/16/border-bill-could-hamper-san-diego-high-techs/)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_lawyer_b_1.html)
The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows U.S. employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker can apply for a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or must leave the US.
The regulations define a �specialty occupation� as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor�s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability".) Likewise, the foreign worker must possess at least a bachelor�s degree or its equivalent and state licensure, if required to practice in that field.
Duane Roth, CEO of the biotech support group Connect, said that could make it more difficult for San Diego businesses to hire qualified workers. He said higher costs for H1B visas may also encourage more companies to outsource.
"A company may consider whether it's better to open a facility in a foreign country and hire the workers that are already there, versus the ability to bring some here to fill the opening jobs," said Roth.
He said the U.S. education system is not producing enough scientists and engineers to staff high-tech companies in San Diego.
I feel that another H1B fee hike will be a death blow to the possibility of retaining talented workers in the US and for small US companies to expand business.
Read the KPBS article here (http://www.kpbs.org/news/2010/aug/16/border-bill-could-hamper-san-diego-high-techs/)
More... (http://www.visalawyerblog.com/2010/08/san_diego_immigration_lawyer_b_1.html)
2010 that alluring, pin-up
rameshraju11
07-22 07:58 PM
Thank you so much
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gparr
November 28th, 2004, 09:05 AM
Thanks to all and welcome to dphoto Jamie
Gary
Gary