wandmaker
08-17 09:09 AM
Hi,
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
I am currently holding L1 and B1 visa from a company A. Now some company B has applied for my H1 Visa. If I get H1b visa, does both L1 and B1 get cancelled.
Thanks.
Your L1 will be CWPed for sure. I went for H1B stamping multiple times, my B1 was not CWPed
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indyanguy
11-27 12:46 PM
I have read many threads that discusses the pros and cons of using EAD over H1 and the common benefit that everyone mentions is that the salary is usually better for a person on an EAD. I spoke to several people who've started using their EAD and realized that even though it opened up opportunities with companies that do not have a policy of sponsoring H1, it DID NOT give them a boost in the salary.
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
My question is how do people intend to leverage on having an EAD for a higher salary?
Thanks!
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GCnightmare
08-28 05:33 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
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shivarajan
04-30 01:57 AM
I just applied for my little one yesterday.
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
fingers crossed!
Can't believe getting usa passport for my little one required two page application and just the birthcert, But for PIO they need everything in the world!
more...
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Berkeleybee
05-25 07:17 PM
What about validating the visas in the US? I think it was some where in Brownback amnd.
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
There was no provision for validating visas in the US, at least not in our Brownback amendment. I am not aware of that being a rider on any other amendment -- but I wouldnt' rule it out
We will have to do a post-final-bill-with-amendments analysis.
Please hold on till that becomes available.
Thanks,
Berkeleybee
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bluez25
08-23 02:01 PM
Pappu--> Thanks for being on top of everything. There is a slight difference between spaming and giving information in 2 different threads. Paskal already closed the other thread and I agreee with that. But this is not spaming my friend..... Spaming is putting useless information all over with no interest on that....
I guess you would understand what I am talking about..
I guess you would understand what I am talking about..
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knnmbd
04-28 02:45 PM
DOL Proposed Legislation for Labor Certification
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
In an attempt to clamp down on fraud in the labor certification application process, the Department of Labor (�DOL�) has proposed regulations, which would impact both pre-PERM and PERM filings. The proposal includes requiring employers to pay for all costs and fees associated with a labor certification application. The penalties for violating this proposal include denial of the labor certification, revocation, debarment, or any combination. Debarment means an employer can not file a labor certification application for up to three years.
A labor certification application would also have a limited validity period. Currently a labor certification application is valid without limitation unless it is revoked or withdrawn. Under the proposed regulations, an employer must file an immigrant petition with the CIS within 45 days of the labor certification application approval. For applications which have already been certified, an employer must file within 45 days of the enactment of final rule implementing the regulations. If the labor certification application is not filed within this timeframe, it will expire and can not be used to support an immigrant petition.
The proposed regulations also prohibit substitution. Substitution occurs when an employer has an approved labor certification application, but the individual that was originally listed in the labor certification application is no longer being sponsored. An employer could �substitute� a new employee into the labor certification application if the new employee met the minimum requirements listed in the labor certification application at the time the application was initially filed. Concerned that substitution encouraged fraud, DOL proposes to eliminate substitution.
Finally, the proposed rule prohibits a labor certification application to be sold, bartered or purchased. If an individual or entity is found to have engaged in this kind of transaction, the labor certification application can be denied, revoked, debarment, or any combination.
I like the idea of the employer bearing ALL green card expenses and attesting to that with no impunity from prosecution if found guilty. Hey, that's the way it's supposed to be. The employer is SO INTERESTED in keeping you that they spend 15K on your paperwork, wait for 3-4 years till you get your GC. The reason we are being treated like the way we are by employers is because we are prepared to do any thing to get our GC's , even pay for it if it comes down to it and that this the case 90% of the time. Eliminating labor substitution, clamping down on fraudulent paperwork will clear the way up for everyone. I am glad that these steps are being taken; too bad it took so long.
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ryan
05-27 04:13 PM
Thank you for your advise and hostility. I understand your frustration.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.
Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.
I was in hurry when I was posting it. How ever I have deleted it and I will follow what you said.
My sincere advise to you is better you learn how to answer to a question and
focus on things along with correcting others.
It would have been nice if you post some useful reply which would help some one.
Hey, there is no "hostility" (?) I don't know you. I do apologize. I just don't understand how someone with poor communication skills (not implying, my skills are the best), can work effectively in a country where the wheeling and dealing, is in English? That's all.
more...
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dixie
10-17 01:42 PM
They can introduce all the premium processing they want, but the crux of the matter is that it is of no much use to us without the visa numbers to apply for a GC in the first place. USCIS will still end up making a lot of money - guess why - because we will have lost all our sanity by the time our PD becomes current so we wont mind shelling out money for I-485 premium processing even after having waited for ~10 years !! So more severe the retrogression, more the premium processing revenue. Not to speak of the fees for renewing the EAD,AP and so on. So much for the "USCIS certified premium processed" GC
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ganguteli
06-04 03:17 PM
This is a good thing.
These consulting companies who were abusing the visa will be taught a lesson.
People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.
You cannot have it both ways.
These consulting companies who were abusing the visa will be taught a lesson.
People used to complain a lot about desi companies and now when USCIS has finally become tough they are complaining about it.
You cannot have it both ways.
more...
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webm
05-31 11:51 AM
Hi,
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
Do you guys know how long does it take to get EAD/AP renewed? I understand you are eligible to apply for renewal 120 days before the end date.
KCIndian
Made $100 one-time contribution.
For us it took approx 1 month -- paper field @ (TSC)
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bobby
04-18 05:23 PM
My PD is now current and I'll be filing 5/1
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.
PD 5/03 EB3 ROW
Thank goodness as I was honestly losing all hope after starting my 8th year in the US. Best wishes to big movements for others from India/China etc.
more...
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Aah_GC
05-05 07:27 AM
Hello Friends,
Thanks for your time and for the suggestion. Some good news, we went back to the airport - got hold of the trolley folks (where my father had misplaced his passport pouch) and there were some really friendly folks who helped us locate the pouch from Lost and Found department. This happened in JFK.
Thanks again for the help.
Thanks for your time and for the suggestion. Some good news, we went back to the airport - got hold of the trolley folks (where my father had misplaced his passport pouch) and there were some really friendly folks who helped us locate the pouch from Lost and Found department. This happened in JFK.
Thanks again for the help.
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z029556
08-14 02:34 PM
Hello Guys,
I have E-Filed for EAD renew on jne 27th and have sent all the supporting documents the following day. But on Aug 6th recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you guys can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
I have E-Filed for EAD renew on jne 27th and have sent all the supporting documents the following day. But on Aug 6th recieved an RFE for the photos I haven't sent along with the documents and asked me submit 2 color passport photos. It was my understading that I don't have to send the photos while E-filing since they will be taken at the bio-metric appt. I am done with my bio-metric appt. Do i need to contact USCIS about this or is there any thing you guys can suggest me.
Regards
Vijay
p.s I have already responded to the RFE with 2 color photos.
more...
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msp1976
05-19 04:34 PM
Any thoughs folks???
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GC Struggle
04-10 11:49 AM
Hi Guys -
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
I have a question about EAD and related to it is a question of re entry in US.
I am currently on h1b visa and have approved I 140 and was able to file for I-485 application along with EAD in July 07 fiasco. I got my EAD in Aug 2007 but never used it. I did not apply for AP.
Currently I am working as a consultant for (say) Co. ABC but my h1b holder is a desi consulting firm (say) Co. XYZ.
Now Co. ABC wants to hire me on EAD and I also want to take up this position. My current h1b expires in SEP 08 and my contract with Co. ABC expires May 2nd 2008.
If I take up a FT job with Co. ABC on May3rd and then go to Canada on May 15th for 10 days and then come back on May 25th and enter on h1b, what could be the impacts???
Once you use your EAD you will no option but to enter on AP. Using your EAD would automatically cancel your H1- B � This can be reactivated by filing an amendment with USCIS � by doing so you will get an H1 for a duration that you still have remaining as part of the 6 year period (in this case an H1 amendment would cost the same as a new H1)
It is too late for me to apply and get the AP but I have to travel on May 15, at the same time I don�t want to lose this position and want to take up the FT job.
An approval for an AP takes considerable amount of time.
Any suggestion on what could be my options to consider. I know that as soon as you use your EAD you lose h1b status but how does USCIS comes to know? How much time it takes for them to actually know that you have moved from h1b to EAD?
There is no way USCIS will be informed if you are using your EAD or H1. Why don�t you travel on your H1 and activate your EAD after you return from Canada
Gurus - please help me here...........
more...
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GCnightmare
08-28 05:33 AM
I have an apporved I/140 and RD of I/485 in May 2007 under EB3. The PD is april 01 which is unavailable per current VB. My H1 is expiring in Jan 08 (9th yr extn.) Should I get my H1 extended and also can I do it myself? Kindly advise if I go for premium processing for H1 extn., can I get it extended for 3 yrs? Any related link for extn. be appreciated. Thanks
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cygent
12-01 08:48 PM
Thanks coopheal,
Just sent in $100 Transaction ID: 1HH11588973388432
C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!
Just sent in $100 Transaction ID: 1HH11588973388432
C'mon folks, lets keep this drive alive!!! Tis the season to spend, what better way to invest, than on YOUR OWN FUTURE !!!!
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peer123
06-11 06:59 PM
please refrain from using harsh words that would hurt others in this forum. Please respect others and treat everyone with dignity as we are all fighting for same cause.
I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.
I totally agree with you, people should use civility in thier comment. Do not be harsh so much that the open speech right on this forum is withdrawn.
ragz4u
02-17 11:30 PM
If you are on H1B visa and hoping for a green card, get ready to walk to work.
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html
If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).
But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.
And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?
And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!
<Sarcasm>So why not have a proposal to modify the H1B application form and add a question
Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>
Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....
meridiani.planum
11-26 01:21 PM
Perhaps I am missing something. I thought you could get an extension beyond six years only if:
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
1. Your labor was pending for more than 360 days OR
2. Your I-140 was approved
I did not know that you could get an extension if:
Your labor was approved and your I-140 was still pending.
My understanding is that the USCIS came out with the I-140 premium processing only to address the above scenario. Perhaps someone who has dealt with this first hand can enlighthen us.
you can get an H1 extension if your LC is approved and I-140 is pending as long as the LC is>365 days. ie. for that 365 day rule LC has to be approved OR pending, its state does not matter. It just needs to be old enough.
USCIS is now doing premium processing of I-140 for people whose LC is <365 days old at the point their H1 runs out. THere is no other way than an approved I-140 for these people to get an extension.
