martinvisalaw
03-24 01:45 PM
Does this mean that if my salary is higher than the "prevailing wage" by more than $320, the employer can legally ask me to reimburse the $320 filing fee? I have searched very hard but could not find any memo/doc regarding this.
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
Possibly, see here: Law Office of Elaine Martin - immigration news: H-1B fees (http://martinvisalaw.blogspot.com/search/label/H-1B%20fees).
You must also look at the "actual wage."
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vjkypally
09-14 04:48 PM
Seeing the interest for this Poll I think most 2004 cases are already approved. Remaining should be cleared this month or next month for sure.
voicerj
04-04 10:34 AM
Lets post here if you are Post July 2007 applicant and have received email /mail from NVC ( National Visa Center ) to pay visa fees. Share your PD and other details you received from NVC.
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
People who have selected CP option in their I 140 application will get notice for fees from NVC.
Note : NVC sends out fee invoice in advance if they think date will be current for given applicant in near future. ( Approx 4-6 months ). I have read on internet that people with PD up to Nov 2007 are getting fees invoice. I want to track if any IV members beyond July 2007 got such invoice. This will be true indicator where date will land in last quarter.
I have a question - If a person has not even filed for 485 as is the case because dates never moved beyond July 2007 then how come NVC sends out fee invoice?
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nousername
09-04 12:57 PM
More than the economy, companies willingness to pay, agreement, etc I think it is very important for the applicant to understand the delays s/he "might" face while the GC process is ongoing. As we all know it can take as much as up to 10 years for the GC. During this processing time, some of us decide not to take risk and avoid things like expanding the family, buying a house, etc, etc (everyone has their own list).. Which is totally understandable but is GC worth putting your life on hold?
If the answer is no then go for it man and apply but if the answer is yes then you might want to reconsider the GC thing..
At the end of the day it is very important for the applicant to set their priorities and expectations right, as mid-way many of use get really frustrated..
But again, there is no good or bad time to file for GC if you know what you want then by all means go for it.
Disclaimer: I am not discouraging anyone from applying for the GC. Everyone should go for it as bigger the line bigger the pain, result bigger the gain for all of us :)
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
If the answer is no then go for it man and apply but if the answer is yes then you might want to reconsider the GC thing..
At the end of the day it is very important for the applicant to set their priorities and expectations right, as mid-way many of use get really frustrated..
But again, there is no good or bad time to file for GC if you know what you want then by all means go for it.
Disclaimer: I am not discouraging anyone from applying for the GC. Everyone should go for it as bigger the line bigger the pain, result bigger the gain for all of us :)
One of my good friend asked me this questions yesterday? I did not have an answer for him and wanted to ask if someone could have any suggestions on this.
Thanks you for your time.
His company wants to start his EB2 green card process. He was wondering if this a good time to do this? Is it recommended that he delay this process for 6 months or so? He is currently in his 3rd year of H1B.
Thanks
-M
more...
new_gc
01-24 05:20 PM
guys,
does texas service center still accept phone calls using the old method?...i tried calling today and it said no iio available at 2p.m texas timing....i tried till 4 ...no luck...should i drive all the way to the uscis office?or can i try tomorrow?anybody called today and got response?
does texas service center still accept phone calls using the old method?...i tried calling today and it said no iio available at 2p.m texas timing....i tried till 4 ...no luck...should i drive all the way to the uscis office?or can i try tomorrow?anybody called today and got response?
kshitijnt
07-29 03:09 PM
I filed my I-485 on Aug 13, 2007 (Received date) under EB3 ROW (> 180 days). My I-140 was filed for job "Systems Analyst". I am now being offered a job as "Director of Development" managing the development process along with 30-40 people for another company. I know this theme has been discussed and has risks but would it be OK to take the job. I have approved EAD and AP due to expire on Nov 21 (will renew tomorrow just in case GC does not get approved by then). Has anyone been in this position? I have valid H1-B visa and have not used EAD or AP.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
Any advice highly appreciated. thanks!
While I am not a lawyer, I would have a few questions:
1) Is your I140 approved?
2) How many years do you have on H1?
If you have time, discuss with the attorney/law firm of the new company. If they can certify the job is similar to your previous job, no questions.
2) Otherwise, I would definitely take this offer, file H1 transfer, start GC/Labor/I140 again.
The second step works well if you have atleast 2 years left on H1. Technically, you may know, you need to file the labor 365 days before your H1 expiration date, but you know attorneys and perm process will take sweet 3-6 months, so please plan accordingly.
3) Defer the offer by 3-6 months (But this is fraught with risks). If you dont get GC in this time frame, you will lose the offer.
Depends on what is more important for you? GC or better opportunity? Only you can decide.
more...
Gundark
08-26 11:40 AM
Thanks guys! It was fun making somebody else's idea, I never would have thought of making a Sonic smiley.
We need more suggestions!
We need more suggestions!
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nogc_noproblem
12-21 01:01 AM
I like this attitude.
Rather than worrying about uncertain things, enjoy the reality.
Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
Rather than worrying about uncertain things, enjoy the reality.
Why cant we just enjoy the job mobility of AC21 peacefully? [/B]
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rajeshalex
08-22 07:05 PM
I had suggested this earlier. We can invoke FOIA to get the information needed. Though it might take some time , but usually information is released within a month...
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
We can ask the USCIS to give the data in a below format
Receipt Month, PD Month, Category, GC Approved Month or similar format
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GCAmigo
06-04 09:55 AM
Morning business @ 2:30 p.m. ??
Mourning business ?
Mourning business ?
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kaisersose
10-29 09:00 AM
Your kid is eligible to apply for SSN and you can apply because SSN not only meant for work, it is also for tax purposes. FYI - If you are residing in California or Chicago, No restrictive text will be printed on SSN card. Hope this helps!
But the EAD is soley meant for work!
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
But the EAD is soley meant for work!
Are they issuing EADs to 2 year olds? That would mean it is legal for a 2 year old to work which just does not add up.
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kumar1
05-22 08:29 AM
Very few people know that there are categories like EB3-I and EB2-I.
I am kind of glad that I am in EB-3 India. At least my hope never goes up.
I am kind of glad that I am in EB-3 India. At least my hope never goes up.
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chillfakter
02-11 08:45 PM
Thank you tdasara, I hope mine works out the same way as yours. Could you tell me when this took place, and also how much gap there was between your passport expiry and H1 visa expiry dates?
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
One of my best friends had something similar happen to her, but her passport is set to expire just two months ahead of her I-94/H1 expiration date. I wonder if the fact that it was just two months apart made a difference to the officer when he decided on her I-94 date. As you know, in my case, my current passport will expire two years before my H-1.
msp1976, I found out that it would take at least a month to get a new passport (is this right?), and I did not have time for it. I'll be sure to post my experience here.
Thank you!
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Azgc005
07-19 09:04 PM
Provided your future employer is willing to transfer H1-B
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vandanaverdia
09-10 12:44 PM
Calling all WASHINGTONIANS!!! Rise & shine....
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h1bemployee
06-23 06:29 PM
On what basis will you apply for a H-1 transfer, your present H-1 request has been denied. Even If you apply for a MTR you have pending status, based on which you cannot request for a further extension/change of status. You can apply for a new H-1 consular processing petition, leave the country, once approved, apply for a visa from the consulate and come back on the new H-1.
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
As my H1 transfer got denied.... I can apply for a new H1 transfer.... right?
I am assuming this from the information I got form this forum. I am really confused..
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gc_lover
06-08 07:51 AM
Isn't it a sad irony that we are now celebrating the demise of the much anticipated CIR...which was supposed to have solved all our issues...
Any idea what's in store for the future...
It's a restrictionist stratergy. If you have X, and you ask for X+5 then they will threaten you with X-5. In the end, you will be happy that you have your X back and won't ask for X+5, at least for a while.
Any idea what's in store for the future...
It's a restrictionist stratergy. If you have X, and you ask for X+5 then they will threaten you with X-5. In the end, you will be happy that you have your X back and won't ask for X+5, at least for a while.
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TeddyKoochu
04-22 03:47 PM
Congratulations HBK, what a relief to hear the good news on your case, I am in the same situation and started collecting papers to apply on normal processing will update all of you how it goes. same Vermont ..I am applying.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
Hope things will work out good. the disaappearence of H1B memo from USCIS policy website itself is a good sign, let them announce formally also that they have withdrawn that memo.
May GOD Bless all.
USCIS Policy Memo site link below see for yourself.
USCIS - Policy Memoranda (http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7dc68f236e16e010VgnVCM1000000ecd190aRCR D&vgnextchannel=7dc68f236e16e010VgnVCM1000000ecd190a RCRD)
I think you are right, hopefully its going to be a matter of time. What a great relief.
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mjadala
08-20 09:11 PM
I support this
NewDocinUS
02-05 01:52 PM
I am currently looking for any observership positions on B1/B2. Please let know if you have any friends who are doctors or who know any hospitals which offer observerships to international medical graduates.
Thanks
Thanks
Dhundhun
11-24 05:13 AM
Nihar, let me understand your problem and explain you, what might be happening?
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
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