nav_kri
04-01 08:09 PM
Yes, the info is right
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
Found this text at http://www.albertacanada.com/immigration/immigrate/srsvisaholder.html
Important note: A new and updated version of the AINP Occupations Under Pressure List for the Strategic Recruitment Stream � U.S. Visa Holder Category will be posted to this site on April 15, 2009. Any applications postmarked before April 15, 2009 will be assessed based on the list currently posted. All applications postmarked on or after April 15, 2009 will be assessed based on the revised list that will be posted on April 15, 2009.
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trueguy
12-10 11:58 PM
This system is completely broken. USCIS don't realize that people in EB3 from 2001 have gained more experience and they are more valuable to their country, rather than those fresh graduates and PhDs who are applying in EB2 and EB1 category.
We must do something to remove country cap and increase annual quota otherwise there is no hope for India and China.
We must do something to remove country cap and increase annual quota otherwise there is no hope for India and China.
DSLStart
03-18 10:27 AM
Plus, your 485 filing receipt, marriage certificate, filing fees check.
No need to do through lawyer, just fill and print forms, attach documents and mail certified.
Can someone who has added his/her spouse please provide with a list of documents required to file spouse i-485 after primary has been filed? Can we collect a list? There seem to be a lot of people in this situation.
Here is what I think is required
I-485 - Adjustment
G-325A - Biographic Info
I-134 - Affidavit of support
I-765 - EAD
I-131 - Advance Parole
I-693 - Medical Exam
What else is required? Please add to the list. Also, has anyone done this on their own?
TIA
No need to do through lawyer, just fill and print forms, attach documents and mail certified.
Can someone who has added his/her spouse please provide with a list of documents required to file spouse i-485 after primary has been filed? Can we collect a list? There seem to be a lot of people in this situation.
Here is what I think is required
I-485 - Adjustment
G-325A - Biographic Info
I-134 - Affidavit of support
I-765 - EAD
I-131 - Advance Parole
I-693 - Medical Exam
What else is required? Please add to the list. Also, has anyone done this on their own?
TIA
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rsayed
07-08 01:56 PM
Thanks a lot for posting!
Please post the URL, always, if I may add.
http://www.immigration-law.com/
It's right on the home page.
Please post the URL, always, if I may add.
http://www.immigration-law.com/
It's right on the home page.
more...
nousername
04-07 01:56 PM
gcformeornot: In your previous post you stated that "substitution is no longer valid".. I apologize as I am not very good with law jargon and definitions and no clue since when substitution was kicked out of the immigration law book.
Additional details will be greatly appreciated.
Thanks.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
Additional details will be greatly appreciated.
Thanks.
it affects the ORIGINAL applicant. AAO says the burden is on original applicant to prove wrongdoing by either employer or substituted new employee...
"applicant failed to establish that the substituted alien improperly adjusted status"
gc28262
07-18 03:47 PM
On H1B it is illegal for employer to enforce bond:
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
Please read employees rights in DOL page:
Employment Law Guide - Workers in Professional and Specialty Occupations (H-1B, H-1B1, and E-3 Visas) (http://www.dol.gov/compliance/guide/h1b.htm)
Employee Rights
H-1B, H-1B1, and E-3 workers are granted a number of rights. The employer must give the worker a copy of the LCA. The employer must pay the worker at least the same wage rate as paid to other employees with similar experience and qualifications or the local prevailing wage for the occupation in the area of employment, whichever is higher. The employer must pay for non-productive time caused by the employer or by the worker's lack of a license or permit. The employer must offer the worker fringe benefits on the same basis as its other employees. Also, the employer may not require the worker to pay a penalty for leaving employment prior to any agreed date. However, this restriction does not preclude the employer from seeking "liquidated damages" pursuant to relevant state law. Liquidated damages are generally estimates stated in a contract of the anticipated damages to the employer caused by the worker's breach of contract.
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saileshdude
04-27 10:11 PM
a lot of people who applied during July 2007 are getting RFE on 485, I guess this because of pre processing but 99% of these people who are getting RFE are from NSC. I same only one or two people from TSC who got RFE. From this seems like NSC is pre processing but TSC is not.
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
No TSC is not. TSC goes by priority date and not processing date. TSC I have seen follows different processing style. For e.g. if your namecheck/security check or some kind of check is pending they dont send you FP notice. Also they process applications if your PD is current/close to recent bulletin.
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desi3933
08-25 01:01 PM
Okay!! I'll have to ask a lawyer then...But most often I get good answers here in the IV forum, then asking the attorney...sometimes, i personally feel, they are not all that good with answers.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
There is one more thing you should consider -
One is allowed to enter on AP, as long as the I-485 application remains pending. The risk is, if the I-485 application is denied while person is outside USA, then the Immigration Inspector can deny the person's entry on AP into the USA.
_________________
Not a legal advise.
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reddymjm
02-22 10:24 PM
in this dream land my friend.
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cdeneo
04-02 10:31 PM
The new employer does need to support you thru the GC process, again unclear if this is something that is needed in the AC21 letter or not.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
The main thing per my understanding is that AC21 does not apply to contract positions - one would hope that the previous employer does not revoke the I-140 petition causing a NOID/RFE.
My question still stands - if the sponsoring employer revokes the approved I-140 petition post 180 days of 485 filing - this would cause problems if the person has taken up a contract position on EAD unless one can respond to the NOID/RFE stating a full time offer in hand for future employment, etc.
It is not very clear if the new employer needs to explicitly state that they would like to continue your GC. I understand that a major chunk of employers will have reservation stating this in an offer letter.
My understanding is that to invoke AC21, employer needs to provide an offer letter for a full time position. Please clarify.
more...
shreekhand
07-29 10:55 AM
Is your "baby" 21 yrs old yet ;) if not wait before before it turns 21 for sponsorship!
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mhathi
10-27 07:12 AM
Exact same letter for me as well!
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va_il
06-08 12:17 PM
No point in bashing Indian companies. As they are going political on this issue, my cousin just graduated from School and does not have a job, his dad thinks that his son lost his competitve spirit and is unable to compete for a job, while we all know the actual situation which is pathetic for new h1b seekers.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)
Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.
IV mebers - though our focus is on GC backlog and retrogression - lets all not forget that these are also big issues, especially new immigrants seeking h1b etc...
For those who do not care about families - tearing families is the worst thing that can ever happen and if you are on that side, you will understand the pain.
And for those who think CIR failed which is good for us - just think about the 12 million illegals and walk in their shoes - what goes through them - CIR is their only hope.
Right CIR is their only hope .... for a person who came illegally ... right ...and unfortunately they don't know if they cross the boarder illegally they will be separated from families .... not considering that is immoral on govt part ... :) :) :)
Grow up. These guys are even considering to allow them as legals only because these guys need a cheap labor .. not because they think it is moral .... irrespective of what they say in public stunt. Otherwise all those would have been booted in next sec.
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priderock
05-15 12:48 PM
Is there already a poll like this for EB3?
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
Yes I have seen one for EB3 ...
http://immigrationvoice.org/forum/showthread.php?t=4440
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qualified_trash
12-01 05:47 PM
You cannot apply the extension for 3yrs with new employer as your labor and i140 are tied to old employer.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
this info is incorrect. from a murthy chat transcript...... available at :
http://www.murthy.com/chatlogs/ch102306_P.html
Chat User : I have used 6 years of my H1B and have got extension for 3 more years. Can I change employers based on a 7th-year approval? Is it legal to do so? Thank you very much for advice.
Attorney Murthy : After one has an I-140 petition approved in her/his name, s/he is allowed to file for a new 3-year H1B extension with a new or different employer based on the I-140 petition approval with another employer. Then, during the 3-year H1B timeframe, the person could potentially start a new PERM/LC process with the new employer and, thereafter, rely on the new filing for future H1B extensions, in case the earlier employer cancels or revokes the earlier LC or I-140 petition.
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peer123
04-09 01:47 PM
I guess you won't find much love for labor transfer cases in these forums but AFAIK AC21 has nothing to do with whom the labor was filed for.
I appreciate your help, but just to justify you, I have been in this country for more than 8 years now and I have no clue what happened to my labor, I applied it way back in 2001 and one more 2004.
anyway, I think many have been helped. and I wish everyone the best...
I appreciate your help, but just to justify you, I have been in this country for more than 8 years now and I have no clue what happened to my labor, I applied it way back in 2001 and one more 2004.
anyway, I think many have been helped. and I wish everyone the best...
more...
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smuggymba
01-17 03:31 PM
My cousin took a offer from a employer in CA few months ago who did her H1 transfer but the condition mentioned in the agreement is that
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.
In the event the employee voluntarily resigns or her employment is terminated for performance or cause prior to 4 years, employee agrees to reimburse the "Employer" for the full amount of legal, administrative and filing fees associated with the sponsorship of the employee's work visas as permitted by law.
The employer won't do premium processing so my cousin paid $1000 on her own but she had to travel outside the country to canada to get a new I-94. The employer's law firm filed the paper work with canada embassy in US to get a canadian visa.
Now my cousin got her GC through her hubby which her employer does not know. She is debating if she needs to inform her manager and company as they might ask her to sign any agreement or give back H1 fees.
The employment laws in CA are different so how can she move (if moves within 4 yrs) to another company without paying anything or a little fee to the employer. I told her that H1-B fees are not too high maybe around $4000.00 so the employer will have to spend lot of money on the lawyer's to go to court to suit her if she left say after 2 years of employment as she feels that the agreement is one sided considering the time line.
Tell the employer that the "cousin" is pregnant and needs 4 months off. If the employer offers short term/pregnancy pay, he will be glad to process the resignation....or tell the employer ur moving to india etc.
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GoneSouth
09-03 03:06 PM
Doesn't matter. MS+0 works just fine. (My EB-2 was MS+0).
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estrela21
02-08 11:23 PM
he is a great person with a big heart, he made a mistake.. everybody have and do stupid decision.
pariraj
08-26 02:21 PM
She can work for any company she wants... her EAD is not limited to any job/profession... So she can work for Company B or C or D
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
PS - My wife works for company B using AP/EAD that came as a result of my I485 done by my employer. So she should enter on AP and use EAD to work. No issues. She can always have the H1 in her back pocket for back up... I would consult a lawyer if I were you before using the H1...
She can not get an H4 though... thats seen as abandoning your AOS status...
Hope this helps...
Are you sure about this? My wife is on H1-B right now having EAD and AP both and she wants to quit her job. So I am planning to switch her from H1-B to H4. Will that abandon her I-485 filed as a dependent?
maverick_s39
01-20 11:11 AM
looking at the recent trend i am not so sure if dems are going to do anything on CIR anyway, MA senate race is more like a referendum to president and congress policies, if president or dems think otherwise they are making a huge mistake, time to push aside health care reform and concentrate on economy and jobs, any immigration reform bill in this economy is not going to happen, i hope they do something to revive the economy!
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