go_guy123
03-12 03:57 PM
80-90% of H1B visa holders are on contract positions only and that was the sole purpose. Are you trying to say that all these H1B visa holders should take up permanent positions with the clients. One can do this also, no big deal but then who is going to cover the risk of layOff which can happen anytime with these permanent positions.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
At least consulting companies do not lay you off and ur GC process doesn't gets screwed up in between and one doesn't gets out of status all of a sudden.
Also there had been some fraud cases by few of the consulting companies, but not all are fraud. Moreover tightening these rules doesn't stops the fraud company's, it stops all the valid consulting companies as well to run the business.
The H1B rules said that the job should not be temporary or seasonal in nature. It has been flouted over the years and only recently USCIS started crackdown on this clause.
Over the years American companies pretty much used H1B exclusive through a third party so that that they don't appear under the DOL H1B sponsoring company lists.
USCIS is pretty much going back to the original clauses/intent of H1B that were laid out in 1990.
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blacktongue
10-04 01:15 PM
It was not supposed to be shown to Indians on IV
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
Did you not read on the page
[������ݴ���]EB3C����ֲ���DemandData(AoS&CP) - δ��ռ�(mitbbs.com) (http://www.mitbbs.com/article_t2/EB23/31236411.html)
BTW: Please do not let Indian know it :-)
Traitor.
sbabunle
08-24 06:41 PM
Hello GreatGuy
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
You can be a lil more cordious and polite :rolleyes:
At least if you expect somebody to answer your question.
Hey guys knock it off. Labor substitution is legally allowed
till date. If this guy get a pre approved labor let him accept
it and get ahead. Nobody blocks you to accept pre approved
labor. I'm retrogressed with PD of 2003 on EB3 India. But for
that reason I dont think I'm going to shout at somebody using
a pre approved labor and get ahead of me.
Now to answer you question Mr GREAT.
DOL can replace if its not approved. Mainly they look at the
education and experience.
This situation can be a lil dicey. If I were you I would
get the reference no or something of that labor cert and verify
all the details. Secondly I would do a thorough research on this
employer. It would have been a lil better if its already approved.
On 2002 I got a pre approved labor offer. I got a copy of
the labor from this employer and had it looked by an attorney.
Atty said its a lil risky to accept it. So I did not take it.
Good luck GREAT. I expect you to be a lil more polite on these
forums.
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munnu77
07-19 03:07 PM
sorry..i didnt log in for a few days..
he applied from texas from an american company EB3
he applied from texas from an american company EB3
more...
eyeswe
06-03 04:00 PM
I hope I am reading this incorrectly. Is USCIS now saying that any applicant on AOS must obtain an AP for travel, even if they are on H1B... The post above me is infintely correct if this is the case.. I hope I am wrong in my interpretation
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
U.S.* Citizenship and Immigration Services (USCIS) reminds individuals that they "must" obtain Advance Parole from USCIS before traveling abroad if they have:
* been granted Temporary Protected Status (TPS);
* "a pending application for adjustment of status to lawful permanent resident;"
* a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
* a pending asylum application; or
* a pending application for legalization.*
gk_2000
05-04 03:18 PM
Probably USCIS figured they would run into a guy like you at some point and very clearly defined the law. You cannot start a company and do your own H-1 out of it. :D:D:D:D Sorry, better luck next time:D:D:D:D:D
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
I said so because as EAD you can do (ok, almost) whatever GC holder can do. Employer = EAD, employee = H1.. :) But yes, I am kidding, it is unlikely to be allowed
more...
shahrooz
08-26 09:21 PM
Here's my story, I'll try to make it short. Aug. '04 LC applicant. Filed for I-140 & I-485 (conc.) in Feb. '07. FP done in April. Received an e-mail from USCIS on 8.17.07 stating that an RFE letter has been issued for me on 8.16.07. Last friday (8.24.07) called my attorney, she said they haven't received it. She said they (their law firm) have changed their office location and informed USCIS in general, but not for each specific application they have filed, so it might take 3 weeks before we receive the FRE letter and usually there's a 30 day deadline for applicant to respond. Well, I got scared a little. I called USCIS customer service. The operator said she doesn't have access to specifics of case, e.g. nature of RFE letter, timeline for response (30, 42, 84 days) & etc. She also said there's zero chance for an extension to be granted to the applicant, if he can't provide the requested document within the timeline allowed by USCIS.
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
I called my attorney again. She said she had mailed all documents along with the application, except for previous work experience (which will be from my home country since I've worked for only 1 employer since I came to the U.S. in 2004)
Now my question is:
1- What if I don't receive the RFE letter in time?
2- Any loops to gain an extension if I can't make it before 30 days?
3- Any ways to find out about the nature of FRE letter?
4- Does this mean that I'll easily lose everything including 4 years of waiting if I just don't receive the RFE letter in time and can't provide them with what they're asking for? (Someone please answer NO to this question! :( )
5- Any advices, suggestions, similar experiences, ideas or solutions?
I appreciate any kind of feedback on this, since I'm almost shaking in here!
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arc
10-04 01:38 PM
Hey Fellow IVers who had filed application at NSC and it was transferred to CSC and back to NSC pls. take the poll and keep updating your statistics!
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
Pls. also update your statistics with RN date if you are not eligible on the poll but your case was transferred...
more...
GooblyWoobly
10-17 03:47 PM
interesting. but it still does not answer one question: What happens if you continue working on H1B for primary employer per guidelines of I-129 petition (ie. 40 hours a week) and then use EAD to work part-time for someone else.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
Does that 'kill' the H1 petition? MOst lawyers say it does, a couple of them say it does not, since you are fullfilling all your I-129 requirements with your primary employer
This is a gray area, but, my take is, it will void your H1B. See, the logic is this.... EAD is not a status. It's just an employment authorization, just like AP is a travel parole document. You have option of two status:
1. Non-immigrant status (H1B/H4 etc).
2. Pending AOS status.
You can't be in US on both the statuses. So, without being in status 2, you can't invoke EAD, but when you invoke EAD, you are in status 2, so, lose your H1B.
I might be wrong though.
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arc
10-29 12:49 PM
walked in had to wait an hour, lot of people turned down, I just hung in and was the last candidate!
more...
nozerd
01-20 11:54 AM
Yesterday after a long time I was reading the Labor cert section on immigrationportal.com. I havent felt the need to read that section since my LC was approved in October 2005.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
I was amazed at the number of EB3 cases being approved with PD's in 01 and 02 as well as EB2 cases in 02 and 03.
No doubt dates arent moving. More and more ppl are choking the pipeline. We are screwed if numbers arent increased.
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skarthy
07-17 07:42 AM
Hi all,
It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?
I got my receipt and credit card - money withdrawn.
Thanks
It seems the FP notice comes in 10 to 15 day usually. I haven't gotten mine after 3 weeks. Is there a time period after which that I have to worry about the FP?
I got my receipt and credit card - money withdrawn.
Thanks
more...
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ragz4u
05-15 05:33 AM
Credit goes to Learning01 for initiating contact with Bloomberg and helping us with this
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
http://www.bloomberg.com/apps/news?pid=10000103&sid=aZM1MDJr4Bio&refer=us
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gc_chahiye
04-19 10:15 PM
can someone tell me (PM if you dont want it on a pubic board) what went wrong with SKIL Bill last year? Where did it fail (senate/house?) did it just get dropped, or went up for vote and did not make it?
Googling around, and am not able to find anything...
Googling around, and am not able to find anything...
more...
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smaram1
08-11 10:44 PM
It would be great if any one's I485 got approved while their Name Check is Pending?
dresses Guess How Much I Love You:
sweet23guyin
04-23 06:46 PM
Can you be a little more specific on what you are doing?
If you don't want to publish it in this open forum, please send me a PM.
I'm a full time IT employee; Now, I am taking up part time work with my earlier clients (Consulting) on the newly formed LLC with my spouse as the sole member.
If you don't want to publish it in this open forum, please send me a PM.
I'm a full time IT employee; Now, I am taking up part time work with my earlier clients (Consulting) on the newly formed LLC with my spouse as the sole member.
more...
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smisachu
04-24 08:05 PM
Hi Guys,
Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.
Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
Any advice will be greately appriciated.:confused: :confused: :confused:
Need some help. I have labor via PERM(EB2) and I-140 from my present employer. Labor was filed in December 2005. I had applied for Labor by RIR in Sep 2002 from my previous company which closed down in 2004. The old company's attorney has contacted me that the labor is approved. That labor was under EB3.
Both companies are engaged in similar operation, job profile now is more than previous company and both companies are in the same demographic area. Can I port my PD and retain EB2. If I can do that I can file I-485 now.
Any advice will be greately appriciated.:confused: :confused: :confused:
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levelup3
12-19 10:24 AM
Thanks for all your post
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Pagal
11-21 04:42 AM
Hello,
If you want to go through the process for UK visa, then it is much better to get the 10 year multi entry visa ... it costs you bit more, but then you don't have to worry about transit visa anymore (esp when BA, Virgin, Jet and Kingfisher offer good deals)...
The 10 yr visa takes 2 weeks flat...
If you want to go through the process for UK visa, then it is much better to get the 10 year multi entry visa ... it costs you bit more, but then you don't have to worry about transit visa anymore (esp when BA, Virgin, Jet and Kingfisher offer good deals)...
The 10 yr visa takes 2 weeks flat...
pd052009
09-13 12:31 PM
No meals.. Forced to go on hungry.. As long as politics play, the deserved ones go hungry... :(
shana04
07-31 10:27 PM
I had infopass appointment 2 days ago to enquiry about name check status. You stand on the line the security guy check your infopass appointment confirmation letter, and verifies the appointment time. if it is > 15 min. then he asks you to come 15 min. before. The receiptionist calls the next person in line. Takes the infopass appointment cfrm letter, and ask for what is the purpose of the appointment. Once she verifies it, If she gives you a token then you will go inside and talk to immigration officer.
myvoice23, thanks for information.
myvoice23, thanks for information.
