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  • pnjbindia
    12-11 12:44 PM
    guys,
    I have hired as an "Auditor" in 2002, which is also the title of my position in my LC. If I use AC21 for AUdit manager, which is considered to be in the same occupational classification, will it be a problem? My salary will probably be double of what is on the LC application.... your thoughts are appreciated..

    I heard that a major change in salary with regards to AC21 can be a problem..and the the title "manager" will always excite IOs ...for RFEs...




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  • abq_gc
    08-20 08:07 PM
    we have to make USCIS more transparent and effective...




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  • satishku_2000
    08-01 01:53 PM
    Response for my RFE on 140 was supposed to be sent in by today. My Law office sent in the resposne using FEDEX overnight yesterday. I come to work in the moring and check the status of FEDEX and it says it is still in transit. I call the fedex office with tracking number and they say there was a big technical problem and hydraulic leak in the plane that was supposed to carry my response. Fedex says they will try to deliver by after mailroom closes today and they are ready to issue a letter stating that its their mistake. Do you guys think my response will be accepted tomorrow or I get a NOID for my 140? My lawyer says that if FEDEX trys to deliver it by today and they fail we should be ok or if they issue NOID we can always rebut back with letter from FEDEX and open a MTR .. any one of you guys have any such experience. I dont want to blame any one here excpet my luck in the whole process.

    Any input guys .. I really dont know what to do .. I am almost half paralyzed , I am in 6th year of my H1 and ends in december ..and my PD is Sep 2004 .

    Guys any input is appreciated ..




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  • sargon
    01-26 12:09 PM
    Who deleted it?



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  • 123456mg
    02-17 02:41 PM
    Oh dear, I am so sorry to hear it. I would like to ask some questions to you: Are you leaving the company on your own or getting laid-off? Cause if you are getting laid-off then you can still maintain good relations with your I-140 sponsor so no problems will occur in future. If oyu are leaving because of some employment concerns and not keeping good relations then I am afraid, you will be forced to use AC21 with H1-B transfer as the only option. Request the new employer to sponsor you for I-140 so that you will continue gettin gH1-B extensions in case your old employer withdraws the I-140 pending application.

    I am not an expert and this is just my opinion.




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  • chanukya
    04-06 08:31 AM
    I think its high time, we step in and say enough of this excessive outsourcing, India has created more than enough jobs in India, ecomomy has grown to a very good level.

    There should be a Fair level playing field for everybody, unfortunately not only Americans, the very Indians, who have struggled countless hours and sacrificed so many things and made a mark in US with thier technological hardwork are loosing to this big outsourcing companies.

    The very reason of initial H1B people coming to US, for a good standard of living is slowly being lost becuase of this excessive outsourcing.




    "As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas."



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  • jcrajput
    10-01 11:31 AM
    They said refile application at the address mentioned at the bootom of the reject notice. And it is from Chicago Service Center.




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  • arihant
    05-01 09:08 AM
    Checked DOL website yesterday (4/30) and today (5/01) to see what the front page would say. Sure enough - the image changed from "18 Months Remaining" yesterday to "17 Months Remaining" today!

    Web gurus, can you guys make sense of the following lines? I grabbed them from the DOL's website source. Can you tell if this being manually changed or some script is doing it automatically:

    <h3 style="color: #990000">Foreign Labor Certification</h3>

    <!-- script will be here? -->
    <p style="font-weight: bold">Backlog will be eliminated 9/30/2007<br />

    <!-- start script -->
    <img src="images/17MonthsRemaining.jpg" width="270" height="46" alt="17 Months Remaining" border="0" /></p>

    <!-- img src="images/19MonthsRemaining.jpg" width="270" height="46" alt="19 Months Remaining" border="0" /></p -->



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  • allybarbar
    06-22 05:18 PM
    I worked in Boston. I was laid off Friday. I have been advised by 2 immigration lawyers that it is ok to file for Unemployment benefits. I filed today. I will let you know the outcome. The lady at Unemployment office seems to think there is no reason i won't get it, but shes really just a data entry person really. Fingers crossed i hear nothing.

    Specifics of my case are i am an EB3 doing the i-140 and the 485 at the same time. The notice on the i140 is feb 2008 recieved april 2007, the i485 notice is oct 2007. I received an RFE in late May but it was only for the medical which they have lost. I have done that, mailed it back in and heard nothing more. When you fill out the unemployment form in MA though there is a space for your USCIS A#. That would possibly be where the information gets back to the USCIS to request a proof of employment. My lawyer said there is an outside chance i will get another RFE but its unlikely. My company has been advised to send a notice of termination to the USCIS for my old H1B anyway so unemployment is the least of my worries. We'll see. If that happens my fiance and I will have to head to the registry office earlier than the reception day we paid for. I really hope they do not ask. I know hopes not the best course, but thats what I chose to do.




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  • maharshijb
    05-04 12:06 PM
    I was on H1B, recently got laid off (last week of February, 2009) --Since my wife is on H1B also, I changed my status to H4, which got approved a week back (3rd wk of April, 2009)...Now I've gotten to a point where I will soon be getting an offer from a company..


    Can I start working, once they file for H4 to H1B transfer? or Does it have to be approved in order for me to start working?



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  • waitin_toolong
    11-04 09:36 AM
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  • gc_bulgaria
    11-25 02:07 PM
    You do not need any permission from your employer. As long as you put in 40 hours per week, i dont think anyone cares for what you do with the rest of your time (as long as you dont hold another job).

    And as far as going to school full time is concerned, i use the same logic. I was full time in Fall 2006 while being on H1b (and my GC was being processed). i am currently enrolled part time but will be enrolling full time next spring. I am currently working with the same employer. Dont think it will be an issue and dont plan on taking any permissions.

    I am doing the same - full time H1B, part time school. Can use EAD for assistantship and full time school next year (if GC does not come through). If GC is approved(hopefully) since NC is already cleared and PD is current, I will continue about 6 months more full time with employer and do part time school.



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  • pellucid
    04-05 03:31 PM
    America embraces foreign-born ballplayers, but not engineers, much to the
    dismay of big business, says Fortune's Marc Gunther.

    By Marc Gunther, Fortune senior writer

    NEW YORK (Fortune) -- Imagine if the baseball season had begun this week
    without such foreign-born stars as Albert Pujols, David Ortiz, Justin
    Morneau and the latest Japanese import, pitcher Daisuke Matsuzaka and his
    mysterious "gyroball."

    It wouldn't be as much fun, would it? Fans want to see the most skilled
    players compete - immigrants and Americans.

    So why is it that people don't want skilled immigrants to compete for jobs
    in the multibillion-dollar technology industry?

    They view these immigrants as a threat. CNN anchor Lou Dobbs argues
    permitting more educated, foreign-born engineers, scientists and teachers
    into the country would force many qualified American workers out of the job
    market.

    That may be true in baseball, where the number of jobs on big league rosters
    is fixed. That's not necessarily so in technology, where people with skills
    and ambition help expand job opportunities. Immigrants helped start Sun
    Microsystems, Intel (Charts), Yahoo! (Charts), eBay (Charts) and Google (
    Charts). Would America be better off if they'd stayed home?

    "This is not about filling jobs that would go to Americans," says Robert
    Hoffman, an Oracle (Charts) vice president and co-chair of a business
    coalition called Compete America, which favors allowing more skilled workers
    into the United States. "This is important to create jobs. It's not a zero
    sum game."

    This week, as it happens, is not just opening week of the baseball season.
    It's the week when employers rush to apply for the limited number of visas,
    called H-1B visas, that became available on April 1 to allow them to
    temporarily hire educated, foreign-born workers. This year, Congress has
    allowed 65,000 of these H-1B visas, plus another 20,000 for foreign-born
    students who earn advanced degrees from U.S. universities. After obtaining
    guest-worker visas, employees can then seek green cards that allow them to
    stay in the United States

    FedEx and UPS did a brisk business last weekend because the visas are
    awarded on a first-come, first-served basis. The first 65,000 are already
    gone. The 20,000 earmarked for graduates of U.S. universities will be
    distributed in a month or two, experts say.

    This makes it very hard for companies to hire foreign-born graduates of the
    U.S.'s top schools. More than half the graduate students in science and
    engineering at U.S. universities were born overseas.

    "It's sending a signal to the best international students that they may not
    want to make their career in the United States," says Stuart Anderson,
    executive director of the National Foundation for American Policy, a
    research group. (Anderson, an immigration specialist, also wrote a study of
    baseball and immigration that's available here as a PDF file.)

    Expanding H1-B visas is a top priority for U.S. tech firms. Bill Gates,
    Microsoft's (Charts) chairman, told Congress last month: "I cannot overstate
    the importance of overhauling our high-skilled immigration system....
    Unfortunately, our immigration policies are driving away the world's best
    and brightest precisely when we need them most."

    CNN's Lou Dobbs was unimpressed. "The Gates plan would force many qualified
    American workers right out of the job market," he fretted on the air after
    Gates testified. "There's something wrong when a man as smart as Bill Gates
    advances an elitist agenda, without regard to the impact that he's having on
    working men and women in this country."

    It's not just Dobbs. Internet bulletin boards and blogs are filled with
    complaints about foreign-born engineers. The U.S. branch of the Institute of
    Electrical and Electronics Engineers, the leading society of engineers,
    brought about 60 engineers to Washington last month to ask for reforms to
    the H-1B program. IEEE-USA supports a bill proposed by Senators Dick Durbin,
    an Illinois Democrat, and Chuck Grassley, an Iowa Republican, that is
    designed to crack down on companies that use the guest worker program to
    displace Americans from jobs.

    As it happens, most of the largest users of the H1-B program are not
    American companies but foreign firms that want to move jobs out of the
    United States. Seven of the 10 firms that requested the most H1-B visas in
    2006 were outsourcing firms based in India, which use the visas to train
    workers in the United States before they are rotated home, according to Ron
    Hira, an engineer who teaches public policy at the Rochester Institute of
    Technology. Indian outsourcing firms Wipro and Infosys were the two top
    requestors of H1-B visas.

    In a paper for the Economic Policy Institute, Hira says that expanding H-1B
    visas without improving controls will "lead to more offshore outsourcing of
    jobs, displacement of American technology workers (and) decreased wages and
    job opportunities" for Americans. He told me: "Bill Gates talks about how
    you are shutting out $100,000-a-year software engineers. But if you look at
    the median wage for new H1-B workers, it's closer to $50,000."

    Asked about that, Jack Krumholtz, who runs Microsoft's Washington office,
    said the average salary for Microsoft's H1-B workers is more than $109,000,
    and that the company spends another $10,000 to $15,000 per worker applying
    for the visas and helping workers apply for green cards. "We only hire
    people who we want to have on our team for the long run," he said.

    It seems clear that Microsoft - along with Oracle, Intel, Hewlett Packard
    and other members of the Compete America coalition - do not use the guest
    worker program to hire cheap labor. They just want to hire the best
    engineers, many of whom are foreign born.

    So what to do? Everyone seems to agree that the H1-B program needs fixing. (
    Even Hira, the critic, says the United States should absorb more high-
    skilled immigrants.) Whether Congress can fix it is questionable. The guest-
    worker program is tied up in the debate over broader immigration reforms.

    But guess what? Just last year, Congress passed the Compete Act of 2006,
    which stands (sort of) for "Creating Opportunities for Minor League
    Professions, Entertainers and Teams through Legal Entry." Yes, that law made
    it easier for baseball teams to get visas for foreign-born minor league
    players.

    If the government can fix the problem for baseball, surely it can do so for
    technology, too.




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  • alex99
    04-08 02:14 PM
    (EB1)
    2007 2006 2005
    26,697 36,960 64,731
    (EB2)
    44,162 21,911 42,597
    (EB3)
    85,030 89,922 129,070


    How come EB3 is getting major share from the annual limit for last three years(2007,2006, and 2005)

    Gurus : please through some light on this?



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  • sbdol
    07-21 09:51 PM
    I have the same question. I've just filed my I-485, and am waiting for the receipt number. Is it advisable to continue on H1b rather than switching to EAD? My company lawyer is advising against applying for EAD.
    Would there be any problem to my I485 petition if I switch to a new employer using H1B transfer? Is there any drawback if I switch to EAD/AP apart from the annual renewal expense? :confused:.

    The advantage of H1-B is that if for some reason for example I-140 is denied you can continue on H1-B and refile.




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  • desidude
    07-22 12:12 AM
    sundarpn,

    I had the same questions and clarified with my attorney.

    1. Yes, you can change your job after 180 days, as you get the portability. Your 485 will remain good standing.

    2. Yes, you can extend.

    3. Doesn't matter who your new employer is, you can still sponser your wife when dates are current in the future, provided your wife should be living in US then.


    Nave_Kum,
    I don't understand your post. can you explain?

    I too want to change jobs after 6 months of filing 485 and want to continue on H1 despite having EAD so that I can get my future spouse on H4. (then add/file her 485 when dates become current)

    If I change to a new employer after 6 months (on H1b transfer):
    1. Will my 485 remain in good standing

    2. Can I get 3 yr extension of H1b from the new employer(as I have I-140 copy).

    3. Can I file my spouses 485 when the dates become current (despite working for a new employer on H1b.)


    If u dont use ur EAD for the first 6 months, then u can join the new employer any time using ur H1B. But immediately after the date of EAD activation, u will need to stick with the corresponding employer for the next 6 mnths.[/QUOTE]



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  • pappu
    06-08 12:17 PM
    Lets discuss Post-CIR on one thread only.
    http://immigrationvoice.org/forum/showthread.php?t=4917




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  • kaisersose
    07-11 06:09 PM
    As long as you are employed, and company is paying you decent salary (atleast salary mentioned on the L/C) you are fine, you must be employed at time of RFE/NOID etc..

    To be more accurate, there should be a bonafide offer of employment at the time of RFE/NOID. It can be an offer to start at a later date (as late as GC approval) and does not have to be current.




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  • Legal
    07-16 08:39 AM
    I am not sure how important the processing dates update, If you look in , there are many approvals whose processing dates are well beyond Jul 17 (for TSC). This makes me question what is the processing date updates mean?

    It means ALL the cases filed before 7/17/07 have been processed, doesn't mean they are not working on cases beyond july 17th.




    GCNirvana007
    10-08 04:46 PM
    If I understand you correctly, you were working for Employer A and he filed your Labor. You changed to employer B while labor was pending and started working for employer B on H1. Employer A continued to process your GC and you got it approved. If this is true, then you should immediately join employer A since your GC was approved through employer A.

    Yes, roseball, you got it right.

    Whats the reason to join Employer A and what will make me become an employee of Employer A - like i to have them do my W2?




    calaway42
    10-04 12:19 AM
    ok! well let me go try your steps .. wish me a luck :)



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