jaya_chh
09-19 11:35 AM
Hello All,
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
I got my H1B in 2006 and started working in Nov 2006. My employer while filing my H1 petition- on my LCA mentioned that I would work in OH.
From Jan this year, I started working in NJ but my employer did not file a LCA for NJ.
Now I have to get my H1 stamped from Mumbai consulate and the lawyer tells me that this could be a problem.
As of now, he filed LCA for NJ, but says that he doesn't have a answer to why it was not done in Jan and that my stamping at Mumbai.
Has anyone faced such a issue.
Please share your experiences and views.
Thanks.
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perm2gc
10-24 11:10 AM
I am planning to file Labor in EB2. My Attorney sent job requirement which needs Master's + 1 year experience. But my current salary is almost 20k less than prevailing wage (level 4) for senior software engineer. But currently my salary equivalent to wage level 2.
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
I think i may get query at i140 , But Lawyer suggested Employer would need to be able to demonstrate their ability to pay the difference between actual salary and the prevailing wage at the time of the I-140 filing .
I am unable to get clear picture on wage levels. If i mention Level 2 , will this qualify for EB2?
Any suggestions on this.
Thx
You should be drawing enough pay check to file under EB2 as of prevaling wage.Becareful..lot of screening is going on in PERM..
goto dol website and you can determine which level you belong to...
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04-02 05:58 AM
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willIWill
12-10 03:33 PM
EB
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
ROW CHINA INDIA MEXICO PHILIP-PINES
1st C C C C C
2nd C 01MAY05 22JAN05 C C
3rd 01AUG02 01AUG02 22JUN01 01JUL02 01AUG02
Other Workers 01JUN01 01JUN01 01JUN01 01JUN01 01JUN01
more...
STAmisha
08-27 05:47 PM
It is called interfiling. You can use a new 140 (approved or pending) to replace the existing 140 (approved or pending) for an I-485. Even though the common perception is that the PD must be current, it is not true (per Murthy).
I'm not a legal person, please verify from an attorney
I'm not a legal person, please verify from an attorney
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07-27 12:23 AM
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sam12sa
12-19 01:05 PM
thanks for the response. Hope everything goes fine. I will update you once receive any information.
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snathan
05-16 12:32 PM
Hi,
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
I am on h4 visa now.It expires in Sep14,2011 .I have a company that wants to sponsor my H1 visa.the start date for the h1 visa would be 1st Oct,2011.
Does this mean that i will be out of status for Sep14-Sep30, will i have to file for my h4 renewal for that period.also,would it affect my new h1 petition.
Pls reply
Yes...you will be out of status during that period.
more...
ranand00
07-13 02:20 PM
Hi
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
Company "a" applied for my h1b on 7th april 2009. They got an RFE in june and informed us yesterday of the same after lots of phone calls.I am not interested in working with them anymore (because of their lack of communication and bad feedback from other employees)
Meanwhile company "b" is ready to file a new h1.Can they do that.
Do i have to tell company "b" that i filed with company "a" initially but they got an rfe .
what is the correct way to file new h1
Thanks
anand
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neeidd
07-08 07:31 PM
Could some one please clarify?
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
My wife and I were entered on AP lately and since I work for the same employer, I am still working on my H1 and am planning to extend my H1. My wife is working on EAD, can she still able to apply for H4 based on my H1? We want to have her H4 as a back-up!
Thanks
more...
raysaikat
12-25 04:01 AM
Friends,
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
I am currently working at a systems company based on my EAD (H1 has expired). PD is Jun 2006.
I intend to marry a woman who is currently on F1 visa. I would like to know if there are any pitfalls from immigration point of view.
Renewing her F-1 visa stamp could be an issue as F-1 requires non-immigration intent (it is very difficult to make a case that she does not want to immigrate to US when her husband is in US on the green card route).
I understand that she can get an EAD only when my PD becomes current.
Can she file her I-485 petition based on my approved I-140?
Yes, that's how a spouse would submit I-485 petition.
If yes, would she continue in F1 status (or what will her status be?).
Her F-1 status will no longer be valid; she will be in the so-called "AOS".
Any other potential pitfalls in this particular scenario?
Any pointers would be useful.
Thanks in advance.
MC
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needhelp!
09-12 02:52 PM
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hpandey
03-13 10:49 AM
Even if your extension gets denied then your current H1 is still valid till Sep 2009 and you can work till then ..
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mbartosik
04-01 11:30 PM
This is from USCIS point of view. So they include all categories of I485 -- most will probably be family based. The I140 is exclusive to EB class. Of course USCIS does not publish stats that we would find really useful, even their process dates are works of fiction (or at least not totally accurate).
more...
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dskhabra
09-22 08:57 AM
My H-1B petition is currently under processing in Vermont sevice center.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
The receipt status shows it was recieved on May 8th and currently pending.
The processing dates on the USCIS website show May 31st as the current date.
Any reason why I still didnt receive a decision from USICS for my H-1B Petition? Does this mean anything? Or can i still keep the hope that I may receive a decision from USCIS?
They usually try to approve most of the new H1B before 9/30. You might get it approved in this week.
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pappu
05-01 12:17 PM
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ars01
02-19 10:51 AM
As far as I know priority date can ony be transfered when the I-140 is approved. Go ahead and get both I-140 approved and use the earlier date towards the new one at the time of filing of I-485.
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desi3933
04-02 07:43 AM
....
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
without making the current company pay more to make up the #s
(they are not willing to do so)
.......
H-1B employer is REQUIRED to pay prevailing wages to employee as per LCA. Employer does NOT have a choice here.
http://www.dol.gov/whd/forms/wh-4.pdf
__________________
Not a legal advice.
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chanduv23
10-16 03:45 PM
^^^^^^^^^^^
lalithkx
10-24 03:26 PM
I have a cousin who converted EB3 to EB2 after applying for 485. He got his green card too. I think you should consult some good lawyer. But this can be done.
h1techSlave
11-04 10:36 AM
Largest proportion of Tennesseans wants illegals to leave the country (43%). Another 22% says, "such individuals should be allowed to stay in their jobs, but only as temporary guest workers ineligible for U.S. citizenship".
Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
Only 29% says "such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship".
An interesting survey showing 51% of voters in one of America's most politically conservative states favor legalizing illegally present immigrants in one form or another:Tennesseans appear ambivalent about how best to deal with illegal immigrants currently working in the United States. The largest proportion (43 percent) says such illegal immigrants should be required to leave their jobs and leave the country. But the next largest proportion (29 percent) takes the opposite view, saying such individuals should be allowed to stay in their jobs and eventually apply for U.S. citizenship. Finally, another 22 percent say such individuals should be allowed to...
More... (http://blogs.ilw.com/gregsiskind/2009/11/most-tennessee-voters-favor-legalization-of-illegally-present-immigrants.html)
