BharatPremi
12-09 12:12 AM
My 6th year H1B is expiring on April 28, 2008. I applied labor through PERM on October 2, 2007. I got the audit letter on December 3, 07. This audit letter does not state anything about the issue of the audit letter. However, the sentence �The job duties and/ or requirements are beyond those defined for the job by SOC/ O*Net code an Occupation Title provided by the State Workforce Agency� is highlighted in this letter. The letter also request for Business Necessity Letter and Recruitment Report. My case is the EB2 case for a Project Manager position with a minimum of 2 years working experience. A couple of programs and knowledge in the field are also required for this position. At the recruitment times, there are no applicants applied to this position. The company has approximately 16 employees including me.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
I�m very confused and not sure what to do because my lawyer refused to answer any question. In my case that the Labor Certification is still pending (under audit) and my H1B is expiring in April, I wonder if I should start taking vacation now or go to work in another country for approximately 6-7 months and come back later to use the rest of my H1B until October 2, 08 to meet 365 days period? After October 2, 08, I can then start filing the H1B Extension for 1 year. Or should I wait until my I-140 approved and come back around October 2, 08 and do the H1B Extension for another 3 years? Or should I stay in US until April, 08 and take vacation until October, 08 and then comeback around October, 08 to file H1B extension? Also, do I still have to be employ full time with my current employer during this whole period? Can the job only be part time? Also, do I have to get pay the whole time from my current US employer during this whole period? Thank you very much for your help.
Highlighted area is the problem. Is your lawyer recently graduated? EB2 category is meant for minimum 5 years experience and whne your title is having the word "manager" it becomes more stricter definition.... In my opinion EB2 is always about minimum 5 years experience and that is where your lawyer screwed you. And yes the reason highlighted in the audit letter is real reason and it is direct indication of this conflict.
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copsmart
03-20 07:31 AM
Stop whining and move on with life. There is still a long way to go.
One worthless post!!!
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
One worthless post!!!
Thank you for your information.I hope you know the situation right now in USA.In jan 2010 H1 people came to Newark Airport were asked to form in a separate queue as soon as they get down from the flight for two levels of interview.Some of them are sent back.Now you can't find employer to transfer your H1 immediately.Before two years it was possible to transfer H1 with out having recent pay stubs and they never asked client letter.Now if you don't have a job you can't transfer your H1 to anybody.
Before Sep 2009 it was two minutes time to take LCA. Now it takes 1 week time to approve LCA. We never heard about Employer-Employee relationship before 2010.
nmember
02-24 08:02 AM
I feel IV should support the amendments as pointed out in the earlier posts regarding the GC for Phd students. I beliieve the PACE bill does not say it explicitly but the spirit of the original National Academics study is that they want to encourgae Phd students to work here and get the GC. From my own personal experience most of the Engg students come for MS initially to the US and then they convert to Phd after MS. So a visa for Phd student would not help that much, since the prospective students initially would only be applying for MS, and i do no think anyone would take the risk/hassle to go back to their home country to get a new visa, once they are admitted to thePhd program. A better way would be to apply this clause to everyone would will or are currently doing their Phds at American University. Thiis i think is the spirit of the bill and i feel IV must focus this aspect. This would also free up visa number for the other categories of visa.
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man-woman-and-gc
03-03 03:09 PM
Keep in mind when you change to your new Job .Your previous labor was approved in specific job code plus your advertisement which your old company used for filing perm application. All those job requirements need to match at least by 50% or so.
At what stage will my current job description be matched to the Job description in my Labor or I-140?
My I-140 is approved foralmost a year now and I had enquired with USCIS a few month ago and they told me my Name check has also been cleared and my case is just waiting I-485 adjudication when visa numebrs are available. I thought when my Priority date becomes current, I will get my GC seamlessly unless there is an RFE.
Also, is there any documentation that states 50% job description match? This is the first time i'm hearing this criteria. I do understand that if I work as Mechanical engineer, I should not chnage my job to a Software engineer...but will getting a Mechanical Engineering job in a totally different industry be a problem?
Thanks again for your time.
At what stage will my current job description be matched to the Job description in my Labor or I-140?
My I-140 is approved foralmost a year now and I had enquired with USCIS a few month ago and they told me my Name check has also been cleared and my case is just waiting I-485 adjudication when visa numebrs are available. I thought when my Priority date becomes current, I will get my GC seamlessly unless there is an RFE.
Also, is there any documentation that states 50% job description match? This is the first time i'm hearing this criteria. I do understand that if I work as Mechanical engineer, I should not chnage my job to a Software engineer...but will getting a Mechanical Engineering job in a totally different industry be a problem?
Thanks again for your time.
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amsaleem
07-12 05:05 PM
If your company has bad history with USCIS look for a new job and transfer your H1 before a rejection
centaur
02-05 04:53 PM
"control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view. "
Another example, of an excellent quality "formatted letter" . Notice how the politician is ,while being non-involved, looking sympathetic to your issues. Notice the open ending, suggesting non-committed view "will consider your views". This leaves room to navigate the press. Not only this, the brilliance of this letter lies in, easily blaming the other party, for having failed you.
A bill can be intiated by any member, irrespective of the party. If they are committed to your cause, it only takes a few moments to introduce a bill.
I got this Reply from Zoe Lofgren, offcourse this reply was in December 2006 when Republicans were controlling the Congress.
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if I can be of further assistance to you or your family.
Sincerely
Zoe Lofgren
Member of Congress
Another example, of an excellent quality "formatted letter" . Notice how the politician is ,while being non-involved, looking sympathetic to your issues. Notice the open ending, suggesting non-committed view "will consider your views". This leaves room to navigate the press. Not only this, the brilliance of this letter lies in, easily blaming the other party, for having failed you.
A bill can be intiated by any member, irrespective of the party. If they are committed to your cause, it only takes a few moments to introduce a bill.
I got this Reply from Zoe Lofgren, offcourse this reply was in December 2006 when Republicans were controlling the Congress.
Thank you for contacting me. I appreciate the time you took to explain the impact of the H-1B visa cap and the "green card" backlog on U.S. employers.
I understand well that the success of U.S. companies depends on highly educated and talented U.S. citizens and foreign nationals.
What we need is thoughtful reform that supports the American economy and allows American companies the benefit of the "best and brightest" from around the world.
As you know, the Republicans now lead in the House of Representatives, Senate and White House. As such, Republicans control what bills and amendments are considered in committees and on the floor of the House of Representatives. They have taken no action for reform but have proposed legislating on a money bill in violation of House rules. Should the Senate Judiciary Committee's H1-B proposal come before me in the House of Representatives, I will certainly consider your point of view.
Again, thank you for contacting me. Please do not hesitate to contact me again if I can be of further assistance to you or your family.
Sincerely
Zoe Lofgren
Member of Congress
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ItIsNotFunny
05-01 12:18 PM
http://www.JUNKasd adsf asdf.com/index.php
http://www.VIRUS .dsfasd fsadfdsaf.com/index.php?mode=viewmonth&month_no=06&year=2007
Please delete the links ASAP......
http://www.VIRUS .dsfasd fsadfdsaf.com/index.php?mode=viewmonth&month_no=06&year=2007
Please delete the links ASAP......
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RNGC
04-04 03:14 PM
IV has been doing a great job, we should all be proud of being a part of it.
I came across this post (http://immigrationvoice.org/forum/showthread.php?t=10316).
I think we should keep fighting till our goal is met. Can IV core team shed some light whether recapturing the unused visa numbers is ever possible ? Even if there is slightest change, we should NOT GIVE UP and work towards it. I've read that USCIS have so far wasted upto 600,000 EB visa numbers.
Now we are seeing some light at the end of the tunnel for multi year EAD or EAD validity during the period of AOS(I-485). Should we roll up our sleeves and work for the recapture of unused visa numbers ? How to make this happen, Please share your thoughts and ideas.
LETS NOT STOP UNTIL WE GET WHAT WE DESERVE!
I came across this post (http://immigrationvoice.org/forum/showthread.php?t=10316).
I think we should keep fighting till our goal is met. Can IV core team shed some light whether recapturing the unused visa numbers is ever possible ? Even if there is slightest change, we should NOT GIVE UP and work towards it. I've read that USCIS have so far wasted upto 600,000 EB visa numbers.
Now we are seeing some light at the end of the tunnel for multi year EAD or EAD validity during the period of AOS(I-485). Should we roll up our sleeves and work for the recapture of unused visa numbers ? How to make this happen, Please share your thoughts and ideas.
LETS NOT STOP UNTIL WE GET WHAT WE DESERVE!
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snathan
06-17 08:31 PM
I dont understand, why in the world some one wants to take responsiblity if the client is not paying. As long as you submit your time sheet in time, you are done. Why one should take responsibility to collect and legal fees...come on..give me a break
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vikki76
05-22 02:34 PM
Your example demonstrates clearly how screwed up is this new proposed immigration bill .
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hmehta
08-23 07:37 PM
Your Labor Approval date is 8/13/2007 and you had already applied for 485 on June 29th, how is that possible?
Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
Labor Approval Date: 8/13/2007
I-140 Approved sept 2005 Attorney incorrectly applied EB3
Applied second I-140 EB2 May 2007 EB2
I-485 applied June 29th
I-485 receipt notice received Aug 15
EAD approved Aug 17
YOU APPLIED ON JUNE 29TH AND GOT EAD ON AUGUST 17?. WOW!:eek:
SO WHO FILED IN JULY, CAN WE EXPECT EAD IN SEPT?.
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Filipo
07-13 05:44 PM
zzzzzzzzzzzzzzzzz.........:(
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ndbhatt
02-21 08:45 AM
Change of employer - H1B extension applied 10/04/2007. Approved on 12/19/2007 for self and family.
I am not sure why there was LUD on 2/17/2008 just on my case # (not my wife) even though it was approved in December.
I am not sure why there was LUD on 2/17/2008 just on my case # (not my wife) even though it was approved in December.
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saiimmi
05-06 09:23 AM
Yep, few states consider long time residents as out-of-state /international students if they are in any other status than that of GC/Citizen. I live in MN and Univ. of Minnesota considers me as international student though I have lived in this state for more than 2 years and have been in this country for 10 years.
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tabletpc
09-16 05:23 PM
The approval of h1 will not invalidate H4 visa. The usage of h1 visa invalidates H4 visa.
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
[QUOTE=
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]
if you have h1 approved and don't join the company, then your h4 remains intact. Once you join a company on h1, you will fill out i-9 form, which informs the concerend authorities about your status change.
[QUOTE=
The approval of your H1 would have invalidated your H-4 visa :confused:[/QUOTE]
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ahmed
12-30 03:16 PM
i voted for soul... it's amazing=)
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vjone
04-07 12:11 PM
If you are an immigrant what�s your status...Tell us more about you.
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
I can see how ignorant you are, I can use similar words.
Either you are really an uneducated fellow or not really get educated.
I dont have to file any type of application to be on this forums,
There could be tons of reasons why I am on this forums, ...Parents visitor visa, .. Brothers H1 , .. friends immigrants status, ...for god sake there are tons of issues.
I can say one thing .. there are few fellows around here .. looks like they are invaded this Immirationvoice.org forums and they are not allowing any new users to come or to post any topics which they dont like. What's wrong in my posting. I just browsed some topics .. they are horrible horrible topics out there.
Do a favor, If you want to help this forums never post such type of comments and get educated first and think positively.
-Vj
If not, what�s the purpose of you are visiting IV. Just teach about the scam?
The ICE, USCIS and DOL are there and very much capable to take care these scams. So if you have any information about the fraud...contact those authorities. We don�t have anything to do with that. Otherwise please get lost.
I can see how ignorant you are, I can use similar words.
Either you are really an uneducated fellow or not really get educated.
I dont have to file any type of application to be on this forums,
There could be tons of reasons why I am on this forums, ...Parents visitor visa, .. Brothers H1 , .. friends immigrants status, ...for god sake there are tons of issues.
I can say one thing .. there are few fellows around here .. looks like they are invaded this Immirationvoice.org forums and they are not allowing any new users to come or to post any topics which they dont like. What's wrong in my posting. I just browsed some topics .. they are horrible horrible topics out there.
Do a favor, If you want to help this forums never post such type of comments and get educated first and think positively.
-Vj
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kaisersose
09-17 02:25 PM
How were you able to file in june 2007 when the dates were not current for eb3. They wont even accept the applications.
Why do people assume everyone here is from India?
Why do people assume everyone here is from India?
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sunny1000
12-11 01:27 PM
This has got nothing to with corruption or bribe but, everyhting to do with milking helpless immigrants...they just wanna squeeze you harder and harder so that someday you will give up...
This new proposed rule will not matter for retrogressed categories / countries.
It will affect the lucky few whose PDs are current and can file concurrently. It certainly looks like they are enforcing (FORCING) premium process I-140s down everyones' throat now. It is a very typical dirty ploy from this administration.
Think twice before you talk about corruption and bribes in third world countries. We all know how this system 'works' now...
This new proposed rule will not matter for retrogressed categories / countries.
It will affect the lucky few whose PDs are current and can file concurrently. It certainly looks like they are enforcing (FORCING) premium process I-140s down everyones' throat now. It is a very typical dirty ploy from this administration.
Think twice before you talk about corruption and bribes in third world countries. We all know how this system 'works' now...
capriol
02-11 12:46 PM
I agree with you 200%. This new change will severely cause further retrogression.
The only thing that can disturb the trend for March VB is the new rule about NC>180 day pending.
It can cause further retrogression.
The only thing that can disturb the trend for March VB is the new rule about NC>180 day pending.
It can cause further retrogression.
pbojja
03-18 04:28 PM
I did a blunder by not renewing my passport and travelled to India in August 2007, while returning to US , CBP officer in Chicago issued my I94 only till the expiration of Passport , which is March 2008 . My VISA was valid till Jan 2010
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
I tried to argue but no use his quote "You can not stay in this country with expired passport" as if there is definitive rule
Irony is I travelled to Canada in July 2007 and at that time my I94 was issued till Jan 2010 . It depends on the officer .
Moral of the Stroy "Renew your passports as soon as you can"
I went to Chicago airport after renewing my passport to renew my I94 , but the officer bluntly denied and asked me to visit USCIS local office . Again just few months back my friend was able to change his I94 in the same airport , looks like I m not that lucky
I contacted my Lawyer on the situation and he suggested either to apply for I94 extension with CIS or travel to Canada . Applying with CIS with 300$ fee doesnt make much sense to me so I decided to fly to Canada and got my new I94 -- Yahoooo atlast valid till Jan 2010
Again in the Tornoto airport officer offered me to keep the same I94 as I did not leave US for more than 30 days , After few scary moments I requested that I needed the new I94 and explained my situation and got it.
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