lost_angeles
07-14 11:51 AM
Hello,
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
I am from India. My employer had applied for PERM EB2 labor while my old EB3 labor was still pending. My EB3 labor, with priority date of MAR 2005, was approved before July fiasco and I was able to apply for 485/EAD/AP/etc.
Last August (2007), my PERM labor was approved too; I had the chance to file a new I140 and request interfiling with my existing 485 application. But my lawyer suggested me not file a new I140 and we let the approved EB2 labor expire.
Now, I am having second thoughts, as I did then. Is there any way I can use the old expired labor (> 180 days after approval). I know I cannot use it directly to file I140, but are there any ancillary benefits of having an approved, albeit expired labor? I am thinking of either checking with my employer if they can file a new EB2 PERM labor if I qualify, or switching my jobs.
Thanks.
wallpaper GOLD COAST, AUSTRALIA - MARCH
isantem
06-29 03:12 PM
Divyendu Sinha was beaten to death while he was out on a walk with his family near his
home in South New Jersey. He holds a PhD and was a professor and author of computer
Science books.
Old Bridge man who was attacked by teenagers dies from injuries | NJ.com (http://www.nj.com/news/index.ssf/2010/06/old_bridge_man_who_was_attacke.html)
Three teenagers arrested in beating of Old Bridge man | NJ.com (http://www.nj.com/news/index.ssf/2010/06/three_arrested_in_group_beatin.html)
This is SAD, but what have to do with "Imigration Voice Issues and Congressional updates"? >
home in South New Jersey. He holds a PhD and was a professor and author of computer
Science books.
Old Bridge man who was attacked by teenagers dies from injuries | NJ.com (http://www.nj.com/news/index.ssf/2010/06/old_bridge_man_who_was_attacke.html)
Three teenagers arrested in beating of Old Bridge man | NJ.com (http://www.nj.com/news/index.ssf/2010/06/three_arrested_in_group_beatin.html)
This is SAD, but what have to do with "Imigration Voice Issues and Congressional updates"? >
GCVivek
04-11 04:55 PM
You can continue working in any position as long as you are with the same company. As long as your position and salary is not reduced, no one cares.
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
I went from programmer to VP of Tech and nothing happened.
I am on h1-b visa and I have got an opportunity to have promotion in my current company. This new position is in the same department with the same company and needs almost same type of computer skill but with higher position title, more responsibility, and higher pay.
Question:
Do i need to file for new h1-b or transfer?
2011 2011 team the Gold Coast Suns,
kk_kk
07-08 04:39 PM
I changed my job and moved more then 180+ miles away. I have not received any RFE. I infact changed the address twice.
more...
roseball
08-25 06:36 PM
My Permanent residency is being processed thru Employer A (I-140 not done yet).
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
Employer A also holds my H1B. This is my only H1B, and it extends based on approved labor as I am on my 7th year if H1B.
If A files for Chapter 11, will my H1B and permanent residency get cancelled/revoked?
If my current H1B is valid till Nov 2010, and employer A files for chapter 11 in Dec 2010, will I be able to stay/work in US at least till Nov 2010?
What will be my options if H1B / GC gets cancelled? Can I transfer this H1B to a different employer? Or, can a different employer has to file for a new H1B? :confused:
Your answer/advices are highly appreciated.
GC/H1 sponsoring employer filing Ch11 has no implications on your current H1 or pending GC until the company starts liquidating (files Ch7). I have been in the same situation and I just recently used AC21 and changed employers by transferring my H1 to my new employer. Original company has been in Ch11 since Jan'09. My 8-11 yrs H1 extension (based on approved I-140) with my original company was pending when they filed Ch11 and USCIS had no issues approving it in Mar. As long as your current position is not eliminated (laid off), there is no problem. It will definitely be an issue if the company announces Ch7 liquidation before you can transfer to a new employer. Once the company is in Ch7 and USCIS figures it out, then it could revoke your H1 or send a NOID on your I-485. Hope this helps.
BMS1
11-03 03:47 PM
Going to Home country may be the best option. COS may take quite long and block applying for H1-B.
more...
Blog Feeds
08-14 01:40 PM
I recently received an inquiry at my San Francisco immigration law office from an "employer" who recently discovered that a person whom he had hired as an independent contractor was in the United States illegally. The employer had not originally known that the "employee" was illegal because independent contractors are exempt from the requirements of the Immigration Reform and Control Act (*IRCA*) (https://www.oig.lsc.gov/legis/irca86.htm) that require an employer to verify that an an employee is authorized to work in the United States. The "employer" wanted to explore the options of legalizing the contractor. While thinking about the options, I became interested in how the law defines an independent contractor.
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
According to 8 Code of Federal Regulations Section 274a.1(j) (http://www.californiaimmigrationlawyerblog.com/8cfr274a.1.pdf) an independent contractor is an individual or entity who carries on an independent business, contracts to do a piece of work according to their own means and methods, and are subject to control only as to results.
The decision of whether or not someone is an independent contractor is determined on a case-by-case basis. Factors to be considered include whether the individual or entity:
supplies the tools or materials;
makes services available to the general public;
works for a number of clients at the same time;
has an opportunity for profit or loss as a result of labor or services provided;
invests in the facilities for work;
directs the order or sequence in which the work is to be done and determines the hours during which the work is to be done.
I began to wonder if people used independent contractors to get around the IRCA requirements. Apparently Congress thought about that as there is a regulation which states that an "employer" may not avoid the requirements of IRCA by hiring an independent contractor if a person or entity knowingly uses a contract or subcontract to obtain labor or services of an unauthorized alien. 8 C.F.R. �274a.5 (http://www.californiaimmigrationlawyerblog.com/8cfr274a.5.pdf).
More... (http://www.californiaimmigrationlawyerblog.com/2009/08/there_will_always_be_illegal_w.html)
2010 AFL SUNS GOLD COAST
rameshk75
02-14 06:52 PM
Here is my suggestion:
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
Apply for H-4 as this should be straight-forward and fly your wife the US in March. Prepare H-1 papers and get it ready to reach USCIS on April 1st.
If H-1 is acceped in lottery(assuming there is going to be one), then H-1 status starts from October 1st. For travel purpose your wife will have to get H-1 stamping (which can happen only after October 1st).
Hope this helps.
If am in your situation, i will go with the above approach...
more...
chiranjeevij
04-02 05:10 PM
Hope your issue is already resolved. But a friend of mine, his PERM application was also denied. But they filed an Appeal and immediately, next day, they applied for his H1-B extension (7th yr) and it got approved.
hair (the major gold coast AFL team
Berkeleybee
03-29 02:56 PM
Once again, I urge people to take discussions of individual cases to Immigration Portal.
See our posting guidelines (http://immigrationvoice.org/forum/announcement.php?f=2) visible above the forum threads.
"Please note that the purpose of our forums is to discuss our campaign and agenda. We want to foster a positive, constructive, discussion about our cause. Solutions for individual cases and problems, debates on the benefits of living in different countries etc. are better addressed on forums like Immigration Portal.
Posts that denigrate members, potential members or even anti-immigrant groups are not welcome - such posts are against Immigration Voice principles."
When my paperwork was transferred from CSC to TSC I posted on Immigration Portal not IV. We need IV forums to focus on activism.
best,
Berkeleybee
See our posting guidelines (http://immigrationvoice.org/forum/announcement.php?f=2) visible above the forum threads.
"Please note that the purpose of our forums is to discuss our campaign and agenda. We want to foster a positive, constructive, discussion about our cause. Solutions for individual cases and problems, debates on the benefits of living in different countries etc. are better addressed on forums like Immigration Portal.
Posts that denigrate members, potential members or even anti-immigrant groups are not welcome - such posts are against Immigration Voice principles."
When my paperwork was transferred from CSC to TSC I posted on Immigration Portal not IV. We need IV forums to focus on activism.
best,
Berkeleybee
more...
Ann Ruben
01-30 09:52 AM
By "up front", I mean honest.
hot Gold Coast Suns
lonedesi
07-27 12:07 PM
Anyone who knows about this issue, please respond
more...
house Gold Coast Suns Inaugural 2011
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.
tattoo Gold Coast recruit Gary Ablett
golgappa
11-17 04:41 PM
1. when the H1B extension was applied, your employer must have attached the copy of the old H1B and USCIS also would have had the old H1B and date, still they approved..it so they took that 6 days in to consideration..that can be one argument..if you have to make somewhere.
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
2. If your packed was mailed before 20 Feb and it reached on 26 that could also add to the argument...that it was "POST MARKED" before 20 Feb...but you dont have anything to show it..
3. it seems you were technically "out of status" in those days...
4. Was your I-94 was also till 20 FEb..normally they give I-94 10-15 days after the date of visa expiry..
more...
pictures Team afl gold coast suns
buehler
05-14 08:47 AM
Anti trust lawsuits are brought about when it is found that a company or institution is using it's power of monopoly to bring in anti-competitive measures. In this case, which institution is using it's monopoly - the government?
dresses team (gold coast, suns,
snathan
05-15 02:28 PM
Hi ,
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
I was on F1 visa till oct 2008 and then a consulting firm file for my H1B . It was approved and my status has been changed . I tired a lot but i didn't get any project and i am on bench till oct 2008 and i am still on there H1B. Although in the mean time i was enrolled in school and never quit the school as i am working on my project in school and i always had valid I20 and valid I94 and F1 stamped on my passport till dec 2011. I am still enrolled in school.
Now my emplyer is saying to file COS and go back to F1, but i don't have paystubs and he is not giving me as he said being a bug company we dont do this.
I talked with a attorney he is filing my COS.
1) is there anyone in the same situation evr ?
1) Is there any other way i can follow?
2) what percent are there chances that my COS will get denied or accepted?
3 ) My employer is still marketing my resume?
Any Suggestions welcome!!
THANKS in advance
Its not advisable to go without pay stubs. if you are in H1 and no salary means out of status. With out of status you can not go for COS to F1. The best way is to get the pay slip.
Thanks
more...
makeup to the Gold Coast Suns as
CRAZYMONK
03-17 02:53 PM
Ram,
I just sent a PM. pls check
I just sent a PM. pls check
girlfriend 2011 team the Gold Coast Suns,
vivek_k
05-07 03:25 PM
Thanks guys. I would appreciate to know if the nationally known attorneys like Rajiv Khanna, Murthy, Ron, Shustermann are actually worth the money they charge?
hairstyles GOLD COAST, AUSTRALIA - MARCH
veni001
07-09 01:52 PM
Whay are you asking this question??:confused:
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
what are the complications of applying to eb2 if there is only 3 year degree bachelor degree? Have a masters degree from Singapore - will that be enough to qualify?
PlainSpeak
04-07 12:36 PM
Hi,
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
Descriptions look similar but what you need to check is the SOC code are a close match or not. That is important. Regarding the salary difference taking inflation into account and salary hikes ove the 4 ye4ar speriod you should not have any problem. Check this below link for AC21.
http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501737
I am looking to switch employers. Although the job descriptions are pretty similar ( C coding, design, protocols etc.), my PERM was filed for Computer Software Engineer-Applications whereas the new one falls under Computer Software Engineer, Systems Software. Is this a risk during I-485 adjudication. Also my new salary is 50% higher than my original PERM salary (It has been almost 4 years since my original PERM).
Thanks.
Descriptions look similar but what you need to check is the SOC code are a close match or not. That is important. Regarding the salary difference taking inflation into account and salary hikes ove the 4 ye4ar speriod you should not have any problem. Check this below link for AC21.
http://immigrationvoice.org/forum/forum14-members-forum/2092141-announcement-uscis-issues-faq-for-clarifying-same-or-similar-classification.html#post2501737
eb3_nepa
05-28 11:20 AM
If you are actually using the EAD you cannot work in the interim though. Just an FYI
No comments:
Post a Comment