AK01
02-13 12:38 AM
No, experience from current company does not count.
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
That is not true. It CAN count... according to PERM guidelines (from murthy.com):
"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."
So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.
Also see this:
http://www.simmonsungar.com/rirchecklist.html
"Experience Gained on the Job
PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�
Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."
hopefulgc
12-30 12:55 AM
Even though we have a very honest agenda at heart which at its very core aims to help America be more competitive in the global scene, apparently, we need to have the financial clout to be able to turn heads and thus have our voices heard.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
As evident from current campaigns (http://immigrationvoice.org/forum/showthread.php?p=210276#post210276), we need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
Here is an idea: say we have roughly 500 members out of this vast array of 35000+ members who have the heart and the will to contribute. we get $2000 from each and place it in an escrow trust account that does not release money for expenditure unless we reach $1 mln
why? because the first 10 or 50 contributers are the most elemental in getting such a campaign off the ground and we need to give them a guarantee that its an ALL or NOTHING DEAL. If for some reason we stop at $10k because only 5 members contributed and no more are ready to contribute (unlikely), those 5 members can get their money back.
now is $2000 a huge amount?.. absolutely... but maybe we could tweak this amount or do some payback if we have more people stepping forward in excess of 500. and the amount of payback depends on how early your contributed to the campaign. The first 50 guys could even get a substantial part of their contribution back.
People, we gotta swing for the fences, the next time we go to play.
It has taken us some time to understand how the lobbying game is played.. but this time "Lets play to win"
As evident from current campaigns (http://immigrationvoice.org/forum/showthread.php?p=210276#post210276), we need to be a big fish.. a million $+ whale to be taken seriously.
Lastly, i'm just presenting an idea .. its not endorsed by IV core.. and I maybe overlooking some finer points of non-profit corporate taxation and finance.
Googler
07-17 07:06 PM
All,
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
USCIS and DOS had to correct the bulletin in response to tremendous public pressure because quite clearly the error was theirs.
We have to use this momentum to work out two root causes of this mess which are also completely due to USCIS and FBI inefficiency, and yet the consequences are borne by applicants:
(1) Visa Number Wastage: Fix Through Recapture
(2) Name Check Delays:
(a) More than 30 FBI analysts should be granted for the process
(b) Process itself streamlined -- are the Reference file checks really useful? See Ombudsmans 2007 report.
(c) More information on name check status should be made available easily -- we should not have to ask our Congresswoman or schedule an Infopass appointment just to find out (i) when our data was submitted to the FBI and (ii) at what stage we are stuck -- IBIS, Fingerprint or the Name Check itself
We should all keep calling Lofgren's office so that she does not let up the pressure on these root causes (after all Gonzalez himself acknowledges there is a bigger problem.). I thanked her for her work so far and also emphasized that these root causes are what she should really be going after.
And in case you want to sit back down and celebrate, I just want to point out that even if you manage to file, if these two things are not fixed there is no telling how many years (decade?) you will be waiting.
raysaikat
07-10 08:50 PM
Hello,
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
I currently hold H1b visa (cap quota), i have an offer from a non profit organization and they are willing to sponsor for my H1b (non cap as this is from a non profit org). I'd like to know will there be any problem if in future i plan to move to a company that will sponsor h1b (cap). How difficult is to transfer from non cap h1 to cap h1?
There is nothing called "transfer". Every time the employer makes a new H1-B petition on behalf of the employee. There is no extra difficulty when you plan to move from your current job to another position that is subject to cap. The new employer will simply file a new H1-B petition.
I read online that if i plan to move from a non-cap h1 to cap h1 in future i have to apply in April under the general quota and wait until Oct to start work again.
This is not true in all cases (including your case). The rule is that if you have once counted in the last 6 years, then you are not subject to cap again. This however also means that you will only be able to get the remaining years from the 6 years limit. For instance, suppose you were counted the first time 5 years before. Then when you again another H1-B, although you will not be subject to cap, you will be able to remain in H1-B only for 1 year. If you do something to reset your H1-B clock (by staying outside US for 1 year, for example), then you will again be subject to cap.
Here is the actual language of the law:
(7) 2/ Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A)shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.
I highly recommend that you read the 8 CFR from uscis.gov.
What you "heard" is true for a person who never was on H1-B, and starts his/her career in a cap-exempt position. That person, when s/he wants to move to a non-cap-exempt position, will be subject to cap.
though i can work until the petition is pending.
I'd really appreciate any advise...
Thanks
Raj
more...
nomi
04-18 04:59 PM
How many people will be able to file their I-485 because of May Visa Bulletin 2007 since EB3 for world move Aug. 2002 to Aug. 2003 ?
How many people will be able to file their I-485 if EB3 for world move Aug. 2003 to Aug. 2004 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2003 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2004 ?
How many people will be able to file their I-485 if EB3 for world move Aug. 2003 to Aug. 2004 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2003 ?
How many people from India and China can file their 1-485 if EB3 for India and china move to Aug. 2004 ?
validIV
03-25 01:49 PM
How come you are being paid if you are unemployed?
more...
meridiani.planum
11-06 05:01 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status.
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
incorrect. Her pending 485 gives her status. She does not need to be on any particular status. And EAD does not give status anyway, its just permission to work while your adjustment of status is pending.
In that case, H1 will be denied because an H1 application while out of status will lead to denial.
incorrect. H1 will be approved if properly filed. The 'extension/change of status' part of h1 may not be allowed if you are out of status (ie. the approval wont have an I-94) and at that point you need to leave teh country and re-enter to active the H1.
To OP: I had asked my lawyer this same question a while back, and he was of the opinion that its likely the H1 extension will come through without an I-94 in this case (ie. USCIS might insist we leave the country and return to activate teh H1). He had not handled such a case so far so was not 100% certain about the I-94 part. The transfer itself is not an issue (you dont need to be in any particular status or even within the country to get the H1 extension filed).
kprgroup
02-01 11:33 AM
Update on H1B Extension
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
Applied back in August and got RFE last month. Replied RFE with copy of 485 receipt and copy MTR approval and got 3 years extension until 2013.
Thanks Ann
KPR
more...
pappu
02-10 10:42 AM
http://immigrationvoice.org/wiki/index.php/FREQUENTLY_ASKED_QUESTIONS/AC21_FAQ
We have created this area for the topic. You can also add useful info to it to help others.
We have created this area for the topic. You can also add useful info to it to help others.
now2know
May 18th, 2005, 07:21 AM
I just realized that I didn't explain what HDR is- The idea is to take a series of more or less 10 photos with different shuttle speeds and then composite them into one unique image that will capture all the light effect due of the high range of the natural light.
more...
Aah_GC
07-11 07:07 PM
His PD is July 2006. He would have gotten the 2 year EAD either way. EB2 India is June 01 2006.
Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?
Isn't there a rule that talks about folks getting their 2 year EAD only if they are two years (or some timeframe) away from their PD?
wandmaker
11-07 03:15 PM
Go online and file AR11 right away, by giving out your pending case numbers you can update the address. After an hour or so, call USCIS customer service and verify whether the address has updated or not; also ask them to resend the card to your new address. You will receive a address change confirmation letter at your new address.
more...
sriteam
07-07 02:12 PM
http://digg.com/politics/Feds_play_games_with_immigrants
Refugee_New
06-12 06:41 PM
When did processing time became on or after your RD: 06/06/07
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
Processing time has passed my RD nearly 4 months back. My PD has been current throughout this one year(except those two months in 2008)
Name check is not cleared. With this new 180 rule, i think i should not worry about that. When i talked to IO, they told me that my case has been pre adjudicated and other than NC everything looks good.
more...
GCwaitforever
05-22 04:01 AM
This is from the immigrationportal. To report fraud/abuse/Government-contractor waste, use link http://judiciary.house.gov/reportfraud.aspx
I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.
Please flood Congress with your concerns and expose Exceed Corporation.
I wrote to Congrass saying that Exceed Corporation must be made accountable to process backlogged applications within agreed time frame and cost and requested an oversight hearing on processing of backlogged labor certifications. I also gave my forecast that they are going to miss the congress mandate of two years.
Please flood Congress with your concerns and expose Exceed Corporation.
dan19
09-06 01:20 PM
It seems you can start working as soon as the application is sent out. This was the advice given to my firend by his attorney.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
He consulted some other lawyers. They say that it is safe to get the receipt number before starting to work.
So to be on the most safe side, wait until you get the receipt number.
But many people do start soon after sending the transfer petition...I know people who have done that. My friend is also not going to wait for the receipt as he has to join immediately.
I am in the process of changing job. The new employer is saying that I can start working with them from the very next day, after they file H1B transfer application. ie I don't have to wait for the receipt. Is this true? They are asking me to give 2 weeks notice immediately so that by the time they file H1B, 2 weeks will get over, and I can start there immediately.
Please reply its kind of urgent for me.
Thanks.
more...
gc_chahiye
07-13 01:12 AM
I want to select more than one option :)
in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
in hindsight, should have added that, and also a none-of-the-above. But hey its late and I am sleepy :)
ssdtm
11-06 02:23 PM
Does she have EAD? If not on H1, she needs to be in EAD. (or other status like F1 etc). Otherwise she is out of status. In that case, H1 will be denied because an H1 application while out of status will lead to denial.
YesWeWillGet
09-23 08:13 PM
First of all thanks for your valuable feedback.
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
FYI: I am a derivative I-485 applicant (my spouce is a primary 485 applicant).
So, Did you mean I can join an employer on EAD and file for green card processing (labor cert, 140, and 485) as a primary applicant with my prospective employer?
Thanks,
EB3_SEP04
06-30 09:48 AM
I have a question regarding where to file my EAD renewal application. I am a July filer NJ resident and my I-485/EAD/AP were sent to Nebraska and got the AP/EAD approved through Nebraska going by my LIN no. As per the (C)(9) rules it says NJ residents should file to Texas service center and somewhere else I read that my EAD renewal application should be sent to the location where my I-485 is getting processed.
Please share your experiences.
Thanks
You will need to send your application to TEXAS because you live in NJ. It does not matter 1. where you sent it last year 2. what service center approved it last year 3. if your EAD card # starts with LIN/EAC/WAC.
Please do not get confused, stick to what the latest instruction document says:
http://www.uscis.gov/files/form/I-765instr.pdf
Please share your experiences.
Thanks
You will need to send your application to TEXAS because you live in NJ. It does not matter 1. where you sent it last year 2. what service center approved it last year 3. if your EAD card # starts with LIN/EAC/WAC.
Please do not get confused, stick to what the latest instruction document says:
http://www.uscis.gov/files/form/I-765instr.pdf
coopheal
11-02 01:51 AM
Contributed $100 for Nov.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
Transaction ID: 9771***********
Contribute now
1) so that IV dont have to pass an opportunity during lame duck session or early next year.
2) for your GC.
