anilsal
12-12 01:17 PM
If the attorneys have determined that there needs to be a INA change to allow I-485 filing during retrogression, has anybody bothered to find out what USCIS interpretation is?
USCIS interpretation can be binding!
USCIS interpretation can be binding!
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cgs
11-22 02:54 PM
I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
desi3933
03-10 02:28 PM
>> Once they reached last quarter then they will make EB2-I/C current and distribute those spill-over visas across EB.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
Would you mind explaining two "they" here? Whom you are referring to?
Hint: This is a trap question.
Since you chose to not to answer my question, I assume you have no idea what you are talking about.
Please ignore MDix.
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boreal
04-22 01:54 PM
Decipher and GSC999 have totally contradictory opinions . Not sure whom to believe here .:D . There seems to have been 2 sets of opinons here of the members who attended the rally.
Oh well!! Some things are going on in the background too and i was one of those ppl that shifted from the first group (disappointed) to the second group (optimistic) after talking with Aman. So, if you are not sure which group you are falling into, try calling someone in the core group.
Oh well!! Some things are going on in the background too and i was one of those ppl that shifted from the first group (disappointed) to the second group (optimistic) after talking with Aman. So, if you are not sure which group you are falling into, try calling someone in the core group.
more...
perm2gc
01-10 09:33 PM
http://www.canadiandesi.com/read.php?TID=16132
onemorecame
10-18 12:15 PM
any one else.. who got any update after filling RFE?
I got soft LUD on Oct 12.... nothing after that :confused:
I got soft LUD on Oct 12.... nothing after that :confused:
more...
kumarc123
02-09 12:13 PM
and he does post some useful data (remember the recent backlog data he posted before they officially released it).
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
My question to Pappu and IV is, what are you doing about this?
Should we hold a rally like I last suggested, or again Iv core will Ignore?
Time to act on Something,
anyway, why be so skeptical, don't we watch all the Superbowl ads but only buy the beer we like ;)
My question to Pappu and IV is, what are you doing about this?
Should we hold a rally like I last suggested, or again Iv core will Ignore?
Time to act on Something,
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Anu119
01-11 11:36 AM
Hi:
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
I just joined the chapter.
Would love to be able to volnteer my services to this cause. How can I help? Also it may be a good idea to start a local support group for those of us in line waiting for this immigration hell to be over...may be a get together of some sort....
Wishin' for a better future ahead for all us immigration victims
PD for self: August 03
Labor Cert: pending
PD for husband: Dec 03
Labor Cert & I-140: appoved.
more...
vandanaverdia
09-11 12:45 PM
This aint my fight... This aint your fight..
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...
There are miles to go before I sleep.....
THIS IS OUR FIGHT!!!
We need to come together & let our voices be heard!!!
Come to DC...
There is very little time & lots to achieve...
There are miles to go before I sleep.....
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dixie
08-03 07:39 PM
PCS:
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.
Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.
Lou Hates ILLEGAL IMMIGRATION NOT LEGAL IMMIGRATION.
Says who ? just do a google search on him and go through his periodic rants on the H1-B visa. Among other things, he has accused DOL of hiding LCA applications from the american public so as to "reserve" jobs for H1-B aliens. Contacting him will do more harm than good. The best we can expect from lou is that he focusses all his anger on illegals and forgets us for the time being till SKIL gets passed.
more...
laborchic
09-19 10:51 AM
We should change our name to Legal Immigration Voice..
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logiclife
04-23 04:22 PM
-------------
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.
Northern California members we need volunteers for an event on Wednesday (04/25) in Campbell @ 1:00 p.m. for an hour. This is much more interactive event. No undocumented immigration issues just EB related issues. Please join the yahoo group and get involved. http://groups.yahoo.com/group/NC_Immigration_Voice/
Lets keep the momentum going.
You may want to start a new thread with an appropriate title, to get more attention from members in Northern CA.
more...
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sodh
07-23 03:39 PM
Do you have any document from CIS? Need some proof to fight.
Important missing documents,USCIS can reject an application on their discretion, no need for RFE.
Important missing documents,USCIS can reject an application on their discretion, no need for RFE.
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lost_in_migration
08-15 04:04 PM
Although EB3 is still messed up this VB is lot better than all 'U's :)
more...
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reddysn
06-10 09:52 PM
as far as I know what you have mentioned here is correct
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
As far as I know L1 has no affect on the H1 filing. She can come US on L1 and if her H1 gets approved, she can continue to work on L1 with company A. To tranfer to H1, she has to go out of US and then re-enter after getting H1 visa stamped. This is based on my understanding and few of my friends who have done that. They were in US on L1 but filed their H1 through another company.
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EndlessWait
07-13 09:35 AM
GCBy3000,
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
Your criticism of Murthy is noted as you are entitled to speak your mind. But let me ask you a simple question:
Did you exhort your lawyer to send a letter to Secretary Chertoff or the USCIS Director? OR
Did your lawyer send a letter on his own, exhorting the Secretary and the USCIS Director to correct this wrong?
I know the Mahatma would have asked himself the same questions before hurling allegations.
Whatever maybe the intentions of Murthy, this letter is certainly going to help not harm our case.
AND YES - For full disclosure, I am a client of Murthy and have been so for more than five years.
go figure..u jacko.. this forum is not give publicty to lawyers.
pls close this thread
more...
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2ndJuly
09-11 11:53 AM
Here is the info from NumbersUSA:
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
Vote on Foreign-Worker Bills Postponed Amid Growing Opposition
Updated Thursday, September 11, 2008, 10:00 AM
The House Judiciary Committee yesterday postponed consideration of bills containing massive foreign worker increases (H.R. 5882 and H.R. 5924) after the committee's debate stalled during discussions on the armed forces amnesty bill (H.R. 6020). The committee is expected to resume consideration of all three bills on September 18
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greenguru
12-10 02:16 PM
He got his GC.. i will not expect him here.. we need one more VLDrao
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carpediem
05-15 11:08 PM
I am in agreement with JavaDeveloper on this. I am working on an H1B visa (4th year), and I have an approved EAD too. The problem is that until I get a GC, I am tied to chip design. While I have not finished 6 years on my H1B, I could move around at the cost of losing the EAD. But then my wife cannot work because she will lose her EAD, and she has already finished 6 years on H visas.
So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.
So inherently if you anticipate wanting to change fields, America is not an option. If you guys have any other ideas on this, I would love to hear from you. The only hope might be becoming a manager and filing GC again through EB1, but that seems very unlikely for semiconductor firms.
pappu
04-06 07:39 PM
Sure I will give the link..
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
I know its not fake..because I have 3 people on our floor who came from a visit..who saw these kind of things happening right in front of them (and my friends were GCs so I guess they themselves were left alone).
Now coming to point of posting their experiences themselves..especially in a situation where they were not allowed to enter US, I dont think they have any incentive left to post and seek help from fellow IV..once they are out they are out..
Nothing can bring them back unless they file a new petition and go for stamping..
I can imagine how much pain they might be going through, touchwood if I was to be one ofthem, I dont see myself posting my experience for 3 months or so..
its a different case where someone is inside US and they face a problem, yeah..why not they post straight away, but this is a different territory..we can only expect them to post, its not going to happen or may be rare case.
If we come across a few cases we can explore options. Is there an appeal process? This can be in media and can help future cases. With few case examples, a legal opinion can also be sought if this is legal at POE.
In the absence of real cases, there is no way any action can be taken and it will stay as a forum rumor.
vnkpaul
09-15 04:09 PM
I am currently working for company X on L1B visa, my visa is valid till Sep 2009 and My I94 is valid till Apr 2010. I was in India in April 2008 and I had applied for a H1B visa via company Y (in US) in April 2008 and my petition got selected and approved in the lottery and I am eligible to get it stamped from 1st October 2008.
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
I have been on L1 2 times for about 1 year duration each time.
My questions are:
1. Since I was out of US during the H1B application filing, my H1B will only be valid when I get it stamped by US consulate in Canada? (I had specified that as my port of entry to US knowing that I will be in US at that point of time)
2. Can I continue to work for company X based on my L1 till I get my H1B stamped, which I plan to get done by Dec 08?
3. At the US consulate, at the time of stamping if they reject my H1B application would my existing L1 be still valid or they cancel that also?
Please reply... Thanks in advance...
