baburob2
04-29 01:05 PM
Regd conversion to PERM ie refile in PERM and retain the PD your title, minimum job requirements, employer's name, employer's address etc should remain the same except the prevailing wage.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
Some of the factors to consider before refiling:
1)Length of time the traditional or RIR Labor certification application has been pending: If you feel that traditional or RIR will be certified soon don't refile in PERM else do it.
2)Alien requiring a seventh-year extension:
It is uncertain at this time whethre USCIS will permit the alien to withdraw the labor certification and retain the PD date for the purpose of replying on the provision under AC21 to obtain a seventh-year extension. Until USCIS pronounces a clear policy in this area, one should proceed with extreme caution before refiling under the PERM regulatoins.
3)Economic factor like Layoffs in the industry, Recent layoffs by employer, increased costs for the employer
If the above economic factors seem to cause any issues dont refile.
This is from a OLD PERM manual i believe so please check with your attorney on recent ones and proceed ahead. However i do see a lot of people doing it successfully.
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roseball
03-12 06:33 PM
Her employer is filing her H1 COS petition in premium processing, so I am hopeful it will be adjudicated within 15 days.
One more thing you can do is that file your wife's H4 to H1 in regular processing and any subsequent H1/H4 transfer you would do can be filed in premium and get them approved. I am sure if H4 to H1 COS is filed in regular processing, it will surely take a minimum of 4 to 5 months to be processed.
One more thing you can do is that file your wife's H4 to H1 in regular processing and any subsequent H1/H4 transfer you would do can be filed in premium and get them approved. I am sure if H4 to H1 COS is filed in regular processing, it will surely take a minimum of 4 to 5 months to be processed.
franklin
09-25 02:52 PM
We should not mention who we are speaking to in a public forum. This will trigger all kinds of opposition flooding to whomever you mention, which will work against us
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
Join your state chapter, they will be able to help coordinate and get contacts and visits etc.
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agupta2683
07-08 03:07 PM
I'm trying to schedule an appointment for non-immigrant visa in August/September timeframe from last one week without any success. After filling the forms, and continuing further for checking the available dates, I get a message saying : " Interview appointments not currently available, please check back in 24 hours. "
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
I would really appreciate if you can educate me of what I might be doing wrong.
Thanks,
Ashish
more...
vishnoiravi
09-08 05:24 AM
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
Dear All,
Need your help to let me know what are the options available after the denial of L1B petition?
A brief history of my petition which has been denied.
Case Applied: August 2008
RFE Issued against my case: April 2009
Response to RFE Submitted: May 2009
Case Denied : August 2009
Reason:Proposed job does not requires specialized knowledge and that you, as employee, do not possess specialized knowledge.
Other information: This case was a premium processing and still it took one year to make a decision. I am not sure why was that?
Can I reapply L1B blanket now (September, 2009)?
Also my job role is core developer in the project for 3.5 years now and I also support product related issues in a very complex financial project. I assume that my role was not correctly portrayed in the petition hence it got denied.
So, I need your help to let me know
#1 : What are the best available options for reapply?
#2 : Can I apply for L1B blanket?
#3: Is there any wait period to reapply?
lost_in_gc_land
02-02 12:57 PM
Got a 221g (pink) from Chennai consulate because I have a Phd in biology. After almost 4 weeks the status on the website was updated to 'submit passport'. I have a couple of questions. If anyone who has gone through a similar situation, can answer, I would very much appreciate it..
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
1. I have been asked to submit the passport to VFS. How long did it take for passport to be returned with visa.
2. I have already gone through the security clearance. Do I need to go through PIMS clearance again?
Please...appreciate responses from those who have gone through this themselves..
Thanks. Man..this has been an ordeal....
The bulk of your ordeal is done...that is waiting for the Security clearance...
Security clearance is different from PIMS from what I understand... two different processes...with some luck you might already be cleared for PIMS...I guess you will have to submit your passport and see. Cheers...
more...
tinamatthew
07-22 07:26 PM
My attorney has asked for the I-485 to be printed:
double sided with Flip to Top option.
Did anyone else do the same?
Quite a few lawyers request this.
double sided with Flip to Top option.
Did anyone else do the same?
Quite a few lawyers request this.
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alex99
09-14 04:33 PM
^^^^^^^^
more...
matreen
04-26 12:18 AM
Team,
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
Friend of mine had a interview today about 20 min, seems like everything looks good.
The current case for my friend falls under EB3 (2001). But the tricky thing is he filed another case in 2005 in Lulac but he revoked the case.
After interview officer said she needs calrify the Lulac case and background check.
I am wondering if anybody is in similar situation if so your advice will be very valuable.
Thanks,
M
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buddhaas
07-16 01:36 PM
scroll down the page to see chart
Let Them In Page 2 of 2 - Forbes.com (http://www.forbes.com/forbes/2010/0628/special-report-immigration-opening-borders-mexico-let-them-in_2.html)
Let Them In Page 2 of 2 - Forbes.com (http://www.forbes.com/forbes/2010/0628/special-report-immigration-opening-borders-mexico-let-them-in_2.html)
more...
franklin
06-26 02:56 AM
I think it is apparent that people on this forum are frustrated with media representation and lack of understanding of the problems that our group, and those that we represent, face.
Without wishing to get into general political debates, it is probably a fair assumption that American citizens who are actively part of grassroots activism would be concerned about our situation if they knew about it.
There is a voice in numbers, and I believe it might be a good idea to reach out to organizations such as www.indymedia.com (http://www.indymedia.org/en/index.shtml). This is a main hub, there are various regional versions of the organization.
Just another thought on how to publicize our issues.
Without wishing to get into general political debates, it is probably a fair assumption that American citizens who are actively part of grassroots activism would be concerned about our situation if they knew about it.
There is a voice in numbers, and I believe it might be a good idea to reach out to organizations such as www.indymedia.com (http://www.indymedia.org/en/index.shtml). This is a main hub, there are various regional versions of the organization.
Just another thought on how to publicize our issues.
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chikusri
05-15 05:29 PM
Dear All:
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
I am currently in my 7th year on H-1B (with I-140 approved) and my H-1B Visa expired a year ago and my current I-94 valid until next 2 years (same case for my dependants).
I am switching my employer now and my family is planning to goto India and when they go for visa stamping through my new employer - do you think they will get into the trouble because my visa (with old employer) is already expired?
And FYI - myself/my fmaily already had US Visas stamped for atleast 4-5times already in the past through various employers.
more...
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puddonhead
08-17 04:40 PM
HI
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
I filed this week my N400 based on a 5 years rule;
I am a freelance book writer and a web market engeneer;
In 2005 I was let go from my job; I filed for unemployment and I traveld to Asia working part time as writer and looking for a new job and find new places to write about in my book;
the trip lasted 5 months,
I attached my taxes for the last 5 years to the application:
will CIS look at the taxes for 2005 and look at the unemployment benefits together with my international travel?
AM I in trouble when I show up for the interview? I am concerned
pls advice
thank you
I dont think international travel should be a problem as long as you have spent more than half of your last 5 years in the US.
I have heard (IANAL - so please double check) Unemployment benefit is an insurance claim. Your employer (and indirectly you, in the form of foregone salary) paid the premium for it while you were employed. It is technically not supposed to be a government dole. So technically, even that is not supposed to be a problem.
Why dont you spend a few hundred dollars to get a consultation with a good immigration attorney? The potential impact if something goes wrong is way too much for you to rely on questionable advice from strangers in an internet forum.
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raysaikat
05-07 11:46 AM
help me with this guys: My employer applied for an H-1B under the Master's cap, but I've been RFE'd. I think this is cause the job is classified as only requiring a Bachelor's degree. If that is the case, would it be possible to withdraw my application and reapply under the regular cap? Is this a good idea? And am I right that there are tougher requirements for being accepted in the Master's cap than the regular cap?
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
Yes, the job does not have to require an M.S. degree:
http://www.murthy.com/news/n_faqh1b.html
I'm meeting with my boss tomorrow to discuss this so please reply quick!!!
Yes, the job does not have to require an M.S. degree:
http://www.murthy.com/news/n_faqh1b.html
more...
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jsb
02-13 10:15 AM
Please join the conference call.
Date: 02/15/2009
Time:8:00 PM(EST)
Please PM me or mirage for details.
Who other than IV is expected or invited in this call? Do we have any agenda, or just a brain storming?
Date: 02/15/2009
Time:8:00 PM(EST)
Please PM me or mirage for details.
Who other than IV is expected or invited in this call? Do we have any agenda, or just a brain storming?
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Biking
05-24 11:34 AM
Can anyone tell me what is ADIT processing?
more...
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ckumar
09-12 03:24 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
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abrahamL
03-19 05:11 PM
Hi,
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
I was let go by my company and am still under payroll for another month. I am told that once I am off the payroll, the company has to tell the lawyer to cancel my H1B.
Is there anyway that I could extend my H1B for a smooth H1B transfer to a new company? as I am still looking for a good offer at this stage.
And how long does it take for the government to process the cancellation of the H1B? And during that process if another company comes in and is willing to sponsor, would that be a smooth process?
Thanks!
Abraham
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like_watching_paint_dry
06-03 09:10 PM
should I get a white cat or black cat
I want to avoid me being racist on cats.
No wait, it can be better..
My friend wants to buy a cat which one should he get black or white.
Get a zebra.
No wait. Tell your friend to get a Zebra.
I want to avoid me being racist on cats.
No wait, it can be better..
My friend wants to buy a cat which one should he get black or white.
Get a zebra.
No wait. Tell your friend to get a Zebra.
cox
February 11th, 2005, 11:41 PM
Well, my eye is initially drawn from top left to bottom right, and then there's nothing to see there. The colors are great, and the exposure is good. It's great when you get the sun's disk just so, and the clouds are really nicely lit... But I have to say the composition doesn't work with the sun down there in the corner, IMHO.
kondur_007
07-26 05:54 PM
labor is indeed more than 1 year old. Are you completely sure about this rule since having an approved 140 gives you a 3 year extemsion
Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.
USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")
Hope it helps.
Yes, unfortunately you are not eligible for I140 premium processing as you can extend your H1 beyond 6 yrs based on labor > 1yr old.
USCIS opened this premium processing for a VERY narrow group of people: "who can not extend H1 visa beyond 6 yrs by any other means, who are currently on H1 status". However, due to this very narrow inclusion criteria, they have received a very few premium processing requests (as most people either have older labor or are in different status by now). And they LOVE money, so they will soon come up with broader premium processing, (probably in october or so when new fiscal year starts when they usually go in "hibernation")
Hope it helps.
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