amulchandra
01-16 08:19 PM
I have applied for an H1b transfer with out paystubs. I am eligible to work from oct 1st 2007. But in my case too I did not get any project as a consultant but got 2 fulltime direct job offers. I accepted one. I stared working for them from the day they filed my transfer with USCIS. The problem is that I did not receive any receipt notice but today when I went online and checked my old approved H1b I see a message that on JAN 16 th 2008 we approved your petition and sent you an approval notice. So can anyone tell me what is this?Should I assume that my H1b transfer got approved?
Thank you very mcuh for your inputs.
amulchandra
Thank you very mcuh for your inputs.
amulchandra
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GC092003
04-18 11:33 AM
I received a receipt confirmation for my I-140 petition. It shows that they received on March 24, 2006. I tried to check on the status on USCIS website in case status. I could not find my case so far. Does it take so long to be updated. I am worried if my petition is misplaced somewhere...
Please give me your advice.
Please give me your advice.
knowDOL
05-19 10:22 AM
I agree with GCBy3000. You can't be so straight forward with your employer that you will not work with him after this contract, after all he is sponsoring your future permanent job in United States. That said, you can always act smart and leave company after 6 months filing of I485. Tell him that you will be with him and if your PD is current you should file your I140 and I485 both now. If you are not in good terms with him, there is every possibility that you lose everything you gained including your PD.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
If he is not wiling to file I485 even though your PD is current, talk to him and be in good terms with his so he files it, because it is worth it. PD current means a lot. Even if you I140 is approved and if you change company, you can keep the PD but only if he does not use that LC for some one else. Don't create an opening for him to make more money for your position replacing you.
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walking_dude
11-25 06:01 PM
To all IV members (and others), who have decided not to participate in the rally due to various reasons, I request you to give a very serious thought, and consideration, before reaching the final decision.
It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.
I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)
Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.
If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.
If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.
I am confident that we will make it a success with your support.
It's highly critical that we do this Rally and/or Lobby Day before CIR 2009 is introduced. If we miss the CIR next year, it may be difficult to get any relief to our community for many years. I agree with you that times are tough. But if we don't act now, it'll keep getting tougher & tougher.
I don't live near DC, and if you are too, understand where you are coming from. However, there is still several months time for the planned rally. If you book in advance, you should be able to lock-in a lower airfare on a budget airline. It may be a good idea to cash-in any Frequent flyer miles etc. you might be having ( I'm just throwing ideas here)
Get in touch with your State chapter or nearest state active chapter. If enough members like you step forward, you guys can sponsor a few members willing to participate.
If you still think you can't, please pledge or contribute donations/contributions for the planned Rally. If enough members like you, step forward IV may be to sponsor some members willing to participate, but can't due to economic hardship (out of job etc.) IV would also need funds to organize an event of this magnitude, to advertise it and arrange it.
If you decide to contribute now, you can do so by clicking the 'Contribute' option on the Homepage. If you decide to pledge, please post your pledge of support here.
I am confident that we will make it a success with your support.
more...
nsveta
04-22 04:57 PM
Though your intention is to help OP, there are certain things that need to be observed especially in this climate where there is lot of backlash against legal immigrants. We have to ensure that we do not provide any ammu to anti's with our comments.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
For an employer to sponsor a foreign worker on H1B,
First of all, there needs to be a skilled worker position open and available in US and
2nd that there are no "qualified" US citizens are available to fill that position.
OP's post goes against both these conditions, Forget about the rest such as bad economy, survival etc.. as per law, Employer has to pack the H1B home if the position is knocked off with a flight ticket and a reasonable relocation.
No offense to any one but just calling for more caution as we have seen increased number of posts like these.
Thanks every one for your inputs. I been swinging on tis for a while now and after seeing your inputs, I made up my mind not to pursue this.
I am surprised this company is still doing what its doing considering USCIS scrutiny these days. Good to know that we are not supposed to pay for H-1 as prospective employees. And I def dont want to lose my 700 or 800USD for lawer in case the CAP reaches its limit in the next few days.
Thanks again.
vbkris77
09-22 10:38 PM
Corporations save more than 10K.. It doesn't work..
Average cost of employment in US for high tech is around 90$ per hour and social security
percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.
These companies actually pay far less than 90$ for offshore resources..
Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:
It will also be passed in an unanimous consent by both parties..
Title: Creating American Jobs and Ending Offshoring Act
Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)
Cosponsors Sen Dorgan, Byron L. [ND] -
Sen Reid, Harry [NV] -
Sen Schumer, Charles E. [NY] -
Introduced in the Senate.
This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.
Reid has the option to set up a procedural vote next week
Average cost of employment in US for high tech is around 90$ per hour and social security
percentage is 6%, So the max is less than 10K per year or less than 0.5 USD per hour.
These companies actually pay far less than 90$ for offshore resources..
Since it really doesn't work, it has high chances of passage into bill :rolleyes: and president will promptly sign it before this session recesses.. :cool:
It will also be passed in an unanimous consent by both parties..
Title: Creating American Jobs and Ending Offshoring Act
Sponsor: Sen Durbin, Richard [IL] (introduced 9/21/2010)
Cosponsors Sen Dorgan, Byron L. [ND] -
Sen Reid, Harry [NV] -
Sen Schumer, Charles E. [NY] -
Introduced in the Senate.
This bill will give companies a two-year holiday from their share of Social Security payroll withholding taxes for each employee they hire to replace a worker at a foreign-based facility. The Creating American Jobs and Ending Offshoring Act would bar companies from taking tax credits or deductions for the cost of closing a U.S.-based facility to move the operation overseas.Companies could still take deductions for severance and job placement services for employees who lose their jobs as a result of a U.S. plant closing. Under the legislation, companies that close a U.S.-based business and expand it overseas would no longer be allowed to defer U.S. income taxes on foreign subsidiaries.
Reid has the option to set up a procedural vote next week
more...
pointlesswait
06-17 11:30 AM
i know that there was post on the forum what to say..when you call..cant find it now..
can anyone post the link here..plz!
Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
can anyone post the link here..plz!
Don't think that your call doesn't matter.. They do take the number of person called for the same issue and this is the response i got from CHC Dennis Cardoza's office...
Dennis Cardoza : Well aware of the bills, i was number 15 for friday the 13th and when i asked for total number, she said we have received 100 or so calls for these bills....
And two or three lawmakers office said that we are reviewing the bills at the moment.. so definitely a positive sign...
So grab your phone and reach out to house reps... Just try to call 2 members and i bet that you will finish the rest of the calls and you'll reply to my message so you can share your experience and encourage others.
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Lasantha
07-30 07:33 AM
Are you sure man? Have you seen the recent threads on EB3-I Vs EB2-I and also the ones on EB-I Vs EB-ROW some time back? :cool:
Secondly there are no "individual constituents" when it comes to Immigration Voice.
Secondly there are no "individual constituents" when it comes to Immigration Voice.
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hopeful08
04-21 12:29 PM
Isn't this everyody's concern ? GC process is something that has absolutely no predictability. It's all luck...I've been waiting for that moment from almost 8 years postponing many important decisions in life. So, I've come to the realization that the only thing we can do is hope.
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Friend
02-18 10:21 PM
Unfortunately, we won't be able to do anything in your wife's matter. The people you are referring to as the ones whose cases got accepted are the ones with bounced checks. There is a difference between the manner in which USCIS treats cases with bounced checks and cases where checks are missing, are in an incorrect amount, there is a mismatch between words and figures in the check, check is not dated, check is not signed, etc.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
In the first category, there is prima fascie evidecne that the check is in the proper amount, check is dated, signed, made payable to the proper authority. In those cases, the USCIS considers bounced checks as a matter for collection. The reason that there is a difference is that in the first case, the properly signed check IS NEGOTIABLE INSTRUMENT AND COMPLETELY VALID UNDER LAW.
In your case, the check was deficient because it put the party (the USCIS/Government) on notice of a defect. A party to whom a defective negotiable instrument is given with notice of the defect does not become a HOLDER IN DUE COURSE (VERY IMPORTANT UNDER THE LAW ). IN OTHER WORDS, THE CHECK LOSES ITS POWER OF NEGOTIABILITY UNDER LAW. Even if the Check is deficient that it does not affect its negotiability ( for example, check is not dated, or the check only contains the amount in words), the party to whom it is presented is under no liability to accept the check. For these reasons, THERE IS A BIG DIFFERENCE BETWEEN YOUR WIFE'S MATTER AND THE EXAMPLES YOU PROVIDE.
For this reason, I advised you to wait until the PD for your category become current again.
more...
sanjose
07-24 07:04 PM
I am a july 2nd 2007 filer with notice date Aug 23rd 2007. In response to my SR, I received the following reply:
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"pre-"
"...... There is not currently a visa available to you based upon your country of birth, your employment-based category and your priority date. Your I-485 application cannot be adjudicated until there is a visa available to you. Your case is therefore awaiting visa availability for your category and further review by an Adjudications Officer. ......."
Many people have said that the July 2nd filers cases have been pre-adjudicated.
However the SR response clearly says that my case will not be adjudicated untill visa # will be avalable.
Does anybody know what is meant by pre-adjudication ?
What is difference between adjudication and pre-adjudication?
Thanks in advance for your replies. Any reply will be appreciated specially from the attorneys.
"pre-"
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LCtank
07-14 01:46 PM
This link didn't work for me either.
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
Nobody knows much about when Skil bill will be debated. Webfaxes are a means to influence lawmakers to bring this to the floor of the house. Independent analaysis by a lawfirm based on collection of information from various sources indicates the chance that some business backed bill for high skilled immigrants will be passed this year. There is a 45% chance that it will get passed early next year. You can view details on this link.
http://photos1.blogger.com/blogger/7644/2582/1600/chart_alert7.11.2006.gif
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salvador marley
06-07 06:40 PM
wow i got two in - great prizes too.
:)
:)
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boreal
02-25 08:02 PM
I would like to ask the same question but a bit more specific.
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
For someone who is an MBA (Finance) with 7-8 yrs of Financial and HR benefits experience who wants to move to IT or IT related field what would you advice would be the best field to move to or best certification to take ?
Thanks
Field to move to would probably be SAP/Oracle Financials/PeopleSoft ..
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scho69
01-02 11:45 AM
Is it BA with Mathematics (honors) or BSC. in Mathematics (honors). or does it say General?
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jetflyer
04-07 01:43 PM
I hope it doesn't affect Employee (original labor) who have left GC employer using AC-21 with approved I-140 and after 180 days.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
This interpretation is game changer for life of many EB immigrants. It should be implemented for going forward but at least should not affect those who used it by the interpretation of that time.
more...
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r50000
07-27 08:04 PM
Why would your employer do that unless you did something inappropriate?
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
As long as the employee does not not step out of line. He has nothing to worry. In this case, the only problem is layoffs for unavoidable reasons in which case it is not the employee's fault. In such situations, the employer will not revoke the 140.
whatever is the reason of revoking ? I just want to know if employer revokes an approved I140 withing 180 days of filling, will the employee know about it.
thanks!
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sroyc
11-09 01:24 AM
I think they are talking about the number of receipts that were issued in September, not the number of AOS filings.
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
why more filers in Sept than June? I thought most PDs were better in June than in Sept...
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eagerr2i
12-04 12:57 PM
Unfortunately, incompetence and inefficiency can not be grounds of a lawsuit. :)
Lawsuits can only hold ground if you can prove that a particular action taken was wrong as per the rule on the books and it lead to monetory loss or physical pain.
Lawsuits can only hold ground if you can prove that a particular action taken was wrong as per the rule on the books and it lead to monetory loss or physical pain.
fuzzy logic
07-01 12:47 PM
I am in the same situation currently.
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
My company's attorneys believe that mine is not an AC21 case because I am going from Software Engineer (per PERM) to Lead Software Engineer, with substantial pay hike.
They are sending me papers for H-1B amendment and extension only (extension because my H-1B will expire soon).
Why is there a need to invoke AC21 in your case? Is there substantial change in responsibilities?
I think there will have to AC21 invoked as there is change in the job location. Secondly I will be going from Senior Assurance Associate to Assurance Manager. There will be additional responsibilities from what I already have.
I hope this H1B amendment will not impede in anyway the GC process. Would it? Thanks!
snathan
05-19 04:25 PM
The statue of limitation is, i believe, 2 years.
No, its only 12 months.
No, its only 12 months.
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