reddy_h
08-18 10:08 PM
Hi All,
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
****** I have searched all related posts but could not find an answer ********
I have applied my labor in EB3 category. As i am qualified for the senior position i have asked my management for the next level. so that i can apply in EB2 and get the priority data transferred from EB3 application.
with the July fiasco applied I485 with the EB3 application. Now my management is working to promote me from software dev to Sr software developer. Should i accept the promotion? my job responsibilites will be same with additional responsibilities. What will happen to my i-485 application if i take the promotion?
Thank you.
I believe, you can accept this promotion without any effect on your pending I-485. Remember though not all promotions are fine. For example you cannot get promoted from a developer position to manager position and continue your case without filing new LC & I-140. Please consult any good lawyer for advice.
In your case now you have 2 options after getting promoted. Either continue your case in EB3 category without doing anything or appy for new labor & I-140 in EB2 category and have the pending I-485 attached to your new EB2 I-140. Ofcourse here I am assuming that the new job requirement falls under EB2 and you are qualified for EB2.
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vishwak
11-23 10:51 AM
Hi,
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
Get Education Evalutaion done as per job requirement.
You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.
Keep updating thread.
My employer has initiated my H1 B visa for our client which is a telecom giant. I was denied H1B with the reason that I am a Mechanical Engineer. The document says that as a mechanical engineer I need 6yrs exp. I already have more than 4yrs exp in IT. The thing which wonders me is that, 2 of my engineering classmates got their H1 approved. Is there any clause which says about this. Please help me.
Thanks,
-Anoop
Get Education Evalutaion done as per job requirement.
You need someone who can write nice Theory on your Experience and Education & showing you are qualified for it. You will get H1B. All the best.
Keep updating thread.
martinvisalaw
07-13 05:24 PM
i am on h4 and this was the first time a company filed for my h1b. so would that be ok if company "B" files for my h1b with h1b filed with company "A" is pending with RFE.
Yes. I would refer to Co A's filing in the 2nd one, so that CIS doesn't think you're trying to deceive them or hide anything.
Yes. I would refer to Co A's filing in the 2nd one, so that CIS doesn't think you're trying to deceive them or hide anything.
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Blog Feeds
10-05 09:40 AM
What happens when the laws of America clash with the laws of physics? In the Never-Never Land of Immigration, the natural laws of physics must defer to human-made law. This is the absurd answer of U.S. Citizenship and Immigration Status (USCIS), the Board of Immigration Appeals (BIA) and the Court of Appeals for the Fifth Circuit (CA5) in its Sept. 29 decision, Bokhari v. Holder. The case involves the interpretation of a USCIS regulation, 8 C.F.R. � 274a.12(b)(20), which came into being because of the problems caused by bureaucratic delay. The regulation allows the automatic grant of work permission for up...
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
More... (http://blogs.ilw.com/angelopaparelli/2010/10/immigration-absurdity-you-can-work-here-but-you-cant-be-here.html)
more...
kavas
03-29 01:06 AM
the webfax letter is great and articulate and I dont undermine its value. But what i meant was another one based on just the hard country quota dilemma/eb3 ;A petition highlighting that even with the pro provisions our status will remain unchanged unless a amendment corrects it or provides a interim relief.
I dont think the fax would motivate any senator to present a amendment on the floor.It would surely educate and maybe earn their sympathy but would it do any good for our numbers??
A hard copy with full name,city,state of all members ..would that not mean a little bit more to them.I am not debating the work put in by the volunteers /admins its value is unparellel and hats off to all of you.
But the situation is getting so desperate that no measure seems inappropriate right now. Shoot all your arrows atleast one may strike or hit close to the aim!
I dont think the fax would motivate any senator to present a amendment on the floor.It would surely educate and maybe earn their sympathy but would it do any good for our numbers??
A hard copy with full name,city,state of all members ..would that not mean a little bit more to them.I am not debating the work put in by the volunteers /admins its value is unparellel and hats off to all of you.
But the situation is getting so desperate that no measure seems inappropriate right now. Shoot all your arrows atleast one may strike or hit close to the aim!
lostinbeta
10-04 01:37 AM
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speddi
03-27 02:52 PM
Is it Legal to take compensation for Clinical Trials while on H1B?
TIA.
TIA.
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mariner5555
04-29 04:00 PM
I came across this one very interesting read on how the Visa cutoff dates are established...
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)
http://judiciary.house.gov/media/pdfs/Oppenheim070606.pdf
I had a similar question -- how does processing dates work ? for eg - texas processing dates shows -- the date to be june/2007.
say for EB3 the visa date is nov 2001 and if a person X with a pd of mar/2003 applies for his 485 on july 2007 ...will his case be processed ??
(In other words - will they even touch his file or will they wait for the visa dates to become current before touching the file ??)
more...
javadeveloper
11-13 06:54 AM
I am sure this may have been asked already but I coudn't find a thread.
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
No problem
I have an approved and valid extension on my H1 but my EAD expired in august and my AP expired last month. I didn't file for an EAD/AP renewal yet because I was not using them and wanted to delay it for a few months and save some money.
Will there be any problem with a delayed EAD/AP filing ?
No problem
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krishmunn
02-15 07:05 AM
For TC, if you are a AAA member, you can buy AMEX TC from AAA fee free.
Also, you get better exchange rates in India with TC.
Also, you get better exchange rates in India with TC.
more...
h1techSlave
04-04 09:19 PM
I guess, you can only be with out a job for 180 days while in EAD.
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gaz
12-14 04:34 PM
I actually did get a H-1B extension once based on the fact that the spouse (also H-1B) had an approved I-140 priority date that was backlogged. It was an unusual approval, and surprised the other attorneys (including partners) where I was working. It's not guaranteed, but worth a try if there is no other option to work.
wow! thank you - this is really helpful.
My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?
Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?
Thank you!
wow! thank you - this is really helpful.
My spouse is still on h1b and we will definitely try for this. Do you think the extension would be affected by the priority date (higher chances of approval if severely retrogressed) - or if theres something like a memo/ruling/logic for the approval, or is it just random chance?
Also in case the motion is declined, does it lead to a future (negative) impact on either a fresh h1b filing, or green card application or such?
Thank you!
more...
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billu
10-24 12:17 PM
My company attorney has mailed my I-140 application to NSC for premium processing on 12th october by priority mail. Waiting for receipt notice.
The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.
The amount of $1000 has been deducted but it has been through online banking and not the check, so there is no way yet to determine the case number. How many days does it usually take for NSC to issue a receipt notice? Is it quicker for PP cases?pls do reply.thanks.
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ns33
03-18 04:36 PM
Hello,
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
Assuming a 40 hr/week position, a person works 2080 hours per year. The Annual Salary for a $46/hr position is $95680/year.
Also, if you only have annual salary for the new position, you could convert to hourly by dividing by 2080.
But I wouldn't even worry about all this. Just send in the annual salary figure (just for your own satisfaction make sure it is more than $46 per hour) and USCIS will figure out the rest.
Hope that helps.
Actually if you factor in 10-12 holidays and about 20 VC days it will come to roughly 1824 hours a year or roughly 152hr/month avg.
more...
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priti8888
08-02 11:56 AM
My cousin is and was in very good terms with employer. He talked to the manager and the HR and managed to change position but not the title(on paper). If you think your PD is light years away , you can convince your company to do the same. My cousin made sure that the HR is well aware of this in case they get an RFE. If you wish, then 6 months before you think u'll get your GC-- switch to Technical position to be safe...
All this is an issue only if you get an RFE.
There is always a risk though
All this is an issue only if you get an RFE.
There is always a risk though
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bodhi_tree
02-21 10:55 AM
I am looking to accept a new full time position on H1b with a company other than my current employer. My current employer has offered me to continue with them on a partime basis with a concurrent H1 and I am looking to convert my current full time H1 into a part-time H1 and get the new company to file a new concurrent H1 petition for me for full time. There is no change in title or job description.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
My question is whether changing a full time H1 into a part time (40 hrs/wk vs 20 hrs/month) constitute a material change ? and thus require filing of a new ameneded petition ? And are the filing fees same for an amended petition as for a new petiton.
Would appreciate if someone knowledgeable would comment.
more...
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loudobbs
08-28 05:54 PM
My occupation code on the labor notice is 189167030 which is for 'program manager' but the description on the labor notice is Consultant which is for a different code 189167010.
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
Now I am confused.. which one is valid?????:confused::confused::confused::confused:
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thementor
04-14 11:09 AM
Dear Friends,
First of all, I'm really thankful to immigrationvoice.com to create such a lovely community.
My question and your advice
I'm currently working in Company A, My first 3 years visa is going to get expire on SEP-2009.
My current company has some issues, so If I apply my extension through my company I won't get my extension for sure.
So I contacted Company B , and applied for my H1 Transfer, they filed my H1 Transfer on 04/10/2009 through normal processing. I would like to know whether I need to switch from Normal processing to Premium Processing. If yes, then what's the procedure. I really appreciate all your time and efforts in answering my questions.
Thanks :)
First of all, I'm really thankful to immigrationvoice.com to create such a lovely community.
My question and your advice
I'm currently working in Company A, My first 3 years visa is going to get expire on SEP-2009.
My current company has some issues, so If I apply my extension through my company I won't get my extension for sure.
So I contacted Company B , and applied for my H1 Transfer, they filed my H1 Transfer on 04/10/2009 through normal processing. I would like to know whether I need to switch from Normal processing to Premium Processing. If yes, then what's the procedure. I really appreciate all your time and efforts in answering my questions.
Thanks :)
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gauravster
06-05 07:13 PM
Just want to know that is there any law
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
which help to get overtime for full time employee.
I know if you consultant you get paid by hours but not when you become full time employee.
As said earlier, overtime is paid to non-exempt employees. As a white collared employee's most of us are not eligible for overtime. when working as a consultant, your employee contract (if not explicitly, implicitly) gives you a bonus for the overtime that you do. There is no requirement. If you are consulting though, your company might bill overtime if you work overtime, it may or maynot decide to give you that even if they are getting it.
vikasgarg24
08-04 02:39 PM
You dont need to file 485 again. after i140 approval send a email to SC and they will include new I-140 and Labor in 485
Krilnon
10-27 08:28 PM
Isn't this bigger than the template image?
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