Berkeleybee
05-31 01:31 PM
Yes, you're right, Berkeleybee, that no restriction on AC-21 job portability contradicts labor certification stage. But isn't it also true we can change our job to whatever we want once we get GC? Due to the false system, if we lost years waiting in line, why can't they change the rule to make up for it? I think it is a legitimate and justifiable demand.
Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)
But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.
What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.
best,
Berkeleybee
Asian, it isn't like I don't understand all of our pain (hey I am in that exact situation myself)
But as I said before this is a demand that has no support amongst legislators. Their response is that they would rather do things that reduce the wait time -- and they are attempting to do that by increasing quotas and exemptions; by making DOL more accountable than they have been in the past.
What is in the current bill is as a result of long, protracted negotiations, many revisions, going back and forth explaining our problems. At this stage we don't see adding to the list as a possibility -- we have our work cut out preserving Title V provisions in the House-Senate conference committee.
best,
Berkeleybee
fatjoe
10-23 03:50 PM
My friends who filed on Aug 6, Aug 8, and Aug 13 their EAD in one week gap.
TeddyKoochu
10-26 02:32 PM
Thanks all who replied to my thread. I am contacting Air France regarding this transit crap. I will post my experience on this forum, when I get answer from Airline.
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!
One thing is for sure, I will never again travel by Air france, BA and Lufthansa.
Dear friend I would recommend you to contact the consulate by email, because all rules are always subject to change, that way you can be sure!
saji007
05-02 04:10 PM
I changed jobs after 5.5 years on my H1-B. When the new company filed for H1-transfer i got approval for 3 years based on the I-140 from the previous employer. In this case there was no need to apply for extension, while transferring the visa, I got 3 years. Send I-140 and Perm copies along with the H1-Transfer
more...
geniousatwork
09-01 03:49 PM
Congratulations !!! GOOD LUCK to all the people awaiting approval notice.
whitecollarslave
02-10 02:20 PM
Thanks for the uplifting message. The problems are many. Lets think about the solutions.
more...
![queen elizabeth i of england. Elizabeth I [RF: England RF]](https://lh3.googleusercontent.com/blogger_img_proxy/AEn0k_un2JlS1nZLonL_xeUCQmiL5LpJDiVqILuq7IjHmXb5TIYBi9l2-22-K3UYQuq9Ddqttdigwf6Zse8q8OkGGu6LlWbK8DN8Mm9Bi34JSglFJnWaZ5CGRSqWQOoyyqER6i2869mAIRhA8iNDiiEX-0vTPlr-KdwX0gfQvL4x609K3QRslNOI-ADzgLPTRmXEKFIf2-z1nm9aj2uL4Jy4O9PWxvwTEFZS8HUh1ISEPBvmfWQNFCFznNIpnjZhAszScCC9A9DFbeM=s0-d "Elizabeth I [RF: England RF]")
fall1998
05-13 04:17 PM
Thanks! It seems only a small portion of applicants who are current are pending (only a handful have updated), so it looks like USCIS is working really hard.
txh1b
08-17 05:39 PM
One looks like a PM position involving lot of admin stuff and the other sounds technical enough. May have problems using AC21.
more...
vin13
10-26 01:31 PM
My wife was on H4 earlier and then she coverted her visa into F1 (student). She got I 20 form from school with her, But She doesn't have F1 stamp on her Indian Passport. She got 2 hour halt in Paris.
Does she need French transit visa ??
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
Does she need French transit visa ??
I have travelled on Lufthanza several times with stopover at Frankfort. My parents who have a visitor visa to US travelled on Air France with stopover at Paris. In both cases, there was no need for any transit visa. As a general rule, you need a visa only if you are leaving the airport at the stopover Hub.
keshtwo
07-05 04:32 PM
Dudes and Dudettes,
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
Stop whining. The DOS giveth and DOS taketh away. Its nothing to do with our being united or not. If we could do anything concrete, believe me, people would be on it. no one wants to waste time on inconsequential ideas.
more...
fcres
07-20 05:18 PM
This is news to me also. Once my current H1 expires I'm also planning to work on EAD and change to H4. One attorney adviced me to do that so that in case something happens to our I-485, I'll be on H4 and be still on status in this country to appeal for an MTR.
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
Another attorney told me to just work on EAD, no need to file H4 but I can if that will give me a peace of mind.
But what this attorney described here make sense too. If working on EAD invalidates H1, it should invalidate H4 also. But then again like the OP said I have known people who were on H4 and started working when they got EAD and extended their H4.
Is it different in case its the beneficiary of the I485 thats moving to H4?
Saloni, have you gotten any more info and could you please provide the link to the memo you are talking about?
chandra_mb
03-11 08:48 AM
You can get SSN is you could provide a proof that it is required for taking an exam or license. You need to show that the process requires and also get a letter from the license issuer that it required to issue a license.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
Thanks vparam ! We will give this a try. Hope they give us an SSN.
more...
getrdone
11-12 02:51 PM
http://mexico.usembassy.gov/eng/evisas_third_country.html
sxv7392
12-11 01:22 PM
I really appreciate what the CORE team is doing. I just found out about this a few weeks ago and I see lot of thing happening. I am willing to help in any way possible. I need some direction..............................
more...
waitnwatch
05-25 07:40 PM
Here is my reading of the amendment.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
If you look at the original bill (S2611) Section 508 reads
SEC. 508. VISAS FOR INDIVIDUALS WITH ADVANCED DEGREES.
(a) Aliens With Certain Advanced Degrees Not Subject to Numerical Limitations on Employment Based Immigrants-
(1) IN GENERAL- Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by section 505, is amended by adding at the end the following:
`(G) Aliens who have earned an advanced degree in science, technology, engineering, or math and have been working in a related field in the United States under a nonimmigrant visa during the 3-year period preceding their application for an immigrant visa under section 203(b).
`(H) Aliens described in subparagraph (A) or (B) of section 203(b)(1)(A) or who have received a national interest waiver under section 203(b)(2)(B).
`(I) The spouse and minor children of an alien who is admitted as an employment-based immigrant under section 203(b).'.
**************************************************
Bingaman Amendment 4181 and 4182 on the other hand state
Notwithstanding any other provisions of this act the language in Title V Sec. 501 under the heading ``(2) VISAS FOR SPOUSES AND CHILDREN'' is null and void and the following shall be applicable in lien thereof.
``(2) VISAS FOR SPOUSES AND CHILDREN.--
``(A) IN GENERAL.--Except as provided in subparagraph (B), immigrant visas issued on or after October 1, 2004, to spouses and children of employment-based immigrants shall not be counted against the numerical limitation set forth in paragraph (1).
``(B) NUMERICAL LIMITATION.--The total number of visas issued under paragraph (1)(A) and paragraph (2), excluding such visas issued to aliens pursuant to section 245B or section 245C of the Immigration and Nationality Act, may not exceed 650,000 during any fiscal year.
************************************************** ****
Reading S2611 Section 508 in conjunction with SA4811 and SA4812 specifically shows that STEM + 3 applicants as well as their spouses and children are not subject to any caps. On the other had the troubling part is that those not covered by STEM+3 will have 450,000 principal applicant slots and therefore only 200,000 spouse and children slots. This discrepancy arises from the fact that Bingaman multiplied 290,000 by 1.2 to arrive at his figure while S2611 allows for 450,000 principal applicants in the 1st 10 years to remove backlog.
SA 4188 is not currently available for reading and it will be interesting to see what change has been made to the language in 508(a)(1)(G) to allow all STEM +3 to be exempt. It would also be interesting to see whether language in Sec 508(b)(3)(III) has been changed to reflect the changes in 508(a)(1)(G)
Note that if both these sections are changed to allow all STEM+3 then labor certification too becomes easier. Hopefully changes here can provide some relief from Bingaman's torpedo.
I would appreciate comments as my analysis may be wrong.
joshi_tushar
03-02 07:54 PM
I HAD SAME SITUATION FEW DAYS A GO, MY ATTORNEY TOLD ME THAT I NEED TO GO OUT OF COUNTRY ATLEAST FOR WEEK OR NEED TO FILE FOR H1B EXT.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
I CHOSE TO FILE FOR EXT AS MY H1 WAS EXPERING AS WELL.
BUT FOR HER SHE MUST GO OUT BEFORE HER I-94 EXPIRES
i AM NO ATTORNEY PLEASE CONFIRM WITH 1.
more...
hdos
06-10 05:00 PM
What if my employer does not respond at all.
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
What are the chances for the extension? there must be some way.
How can I buy some more time so that I can find some other way around?
surabhi
05-21 11:56 AM
see my seond posting below from murthy.com forum. You should be able to port the PD
good luck
good luck
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
sac-r-ten
02-03 05:09 PM
Moderators/Admins, is there a way to block the IP of this anonymous person.
piyushpan
04-07 05:05 PM
Yes i think so. You need a U.S degree for stamping.(H1)
My wife changed from H4 to F1. Do you know if she can get stamping in Canada for F1?
My wife changed from H4 to F1. Do you know if she can get stamping in Canada for F1?
0 comments:
Post a Comment