cptbaseball
05-14 02:26 PM
Yes, its true. COS to H1 is not active till Oct 1st, 2009. Which means you are still on L-1B till Sep 30th, 2009. You can travel and come back to US as long as you are coming back on the same visa status you applied a COS petition from to change to H-1B, meaning re-entering on L-1B only. You can't re-enter on say a B1 visa and expect your status to be changed to H-1B on Oct 1st. Your COS petition was applied for L-1B to H-1B, so you should be on a valid L-1B status on Oct 1st for your status to be changed to H-1B. Since you are planning to come back on L-1B visa, you should be good to go. If you return on a different status, you will have to file another COS petition to change to H-1B by appending the already approved H1 petition so you wont be counted again agaisnt the H1 quota.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
However, like its mentioned in the Murthy's article you quoted, the Hernandez letter is just a response to a set of questions that were asked and not a law/memo. So incase in future if this causes some doubts on your status, you can just use that letter to defend your situation but it will be upto USCIS to make the final decision. Hope this helps.
Since you mention that Hernandez Letter is a grey area. To be on a safe side, when I come back on Aug-19-2009 on L-1B, can I file another COS (only COS, not H-1B) with USCIS again with the new 1-94 that I would get at POE. That would ensure now that I am on correct status after Oct 1, but I'm not sure whether this is possible or whether USCIS would decline it stating that it was a duplicate etc.
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edaltsis
11-12 01:23 PM
You can submit the current (new) company paystub. They will ask for the most recent/current paystub but not the past one. But however it cannot be ruled out that they will not ask previous ones, it all depends on the officer.
hebron
08-16 01:47 PM
If the employer did not pay you salary that he agreed to pay then you could complain to DOL. You stand a sure chance to get paid if you bring this to DOL's notice. You can do this anonymously. DOL would also slap your employer with a fine and he would be banned from hiring H1-B workers for few years.
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shirish
03-26 11:32 AM
According to my knowledge it has to be after the college. You cannot be fulltime employed and full time student at the same time.
So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
So in nutshell. B.S + 5 years exp (After completing BS) and also the job must demand for BS + 5 years exp.Else you cannot file under EB2.
Thanks guys... I believe my experiences are "progressive" (whatever that means) in a sense that during 5 years of work I progressed accordignly and to the level that the job description / ad for my position would require BS plus 5 years of experience.
What I don't get and was not quite sure about was the fact that 2 of those 5 years were during college. 5 years of experience is 5 years - I don't get why they would not like it. It is normal for people to work full time and go to college full time. When you get hired, if you have 5 years of full time experience, the prospective employer could not care less that 2 years of that were gained during last 2 years of college.
Dunno ... with USCIS and their rules ...
I asked my lawyer (duahhaaaa) and he said it's ok ... but I don't trust him.
M.
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uma001
08-13 04:33 PM
I am sure India will do something similar if more than 50% employees of these companies are NON-INDIANS....
Why should India copy them? India will put a different clause
Why should India copy them? India will put a different clause
immi_2006
08-07 10:54 AM
Though its not mentioned it is good file I-134. You are not eligible for I-864.
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snathan
04-08 04:16 PM
Does July 1st include the weekend till 3rd July or it just hardstop @ July 1st?
Hard stop at June 30th....
Hard stop at June 30th....
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ufo2002
09-01 06:02 PM
The testimony only goes to show how much MORE incompetent USCIS is going to become if CIR passes... 35 million applications + more!!!!
Why bother with paperwork, wave some hands and declare all of them legal.
Why bother with paperwork, wave some hands and declare all of them legal.
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Templarian
11-25 01:17 AM
Just wait till the end and vote for the one that's closest to winning.You probably noticed, but that's what he is doing. :dilbert:
Also, good to see people like Stargate and get that reference.
Also, good to see people like Stargate and get that reference.
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vinay.shah73
01-17 03:12 AM
Both I and my wife had LUD update on Jan 9th. We got an RFE for her (but not me), asking for evidence regarding the bona fides of marriage. It will be great if you can share your experiences on RFE with us.
Here is what USCIS specifically requested:
1. Birth certificates of children
2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
3. Joint income tax returns
4. Joint financial accounts such as bank statements
5. Spousal insurance coverage such as health insurance and life insurance
In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.
Things that I plan to submit:
a) Marriage certificate from India.
b) Joint US income tax returns for 2006.
c) Joint bank statement.
d) Kaiser health insurance for spouse.
e) Joint credit card statements.
We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.
Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.
Thanks a lot!
vinay.shah73@gmail.com
PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.
Here is what USCIS specifically requested:
1. Birth certificates of children
2. Documents of joint ownership of property such as car title, house (grant deed or rental agreement), etc.
3. Joint income tax returns
4. Joint financial accounts such as bank statements
5. Spousal insurance coverage such as health insurance and life insurance
In my original application, I had submitted the marriage certificate (in English) from India. I can resubmit that.
Things that I plan to submit:
a) Marriage certificate from India.
b) Joint US income tax returns for 2006.
c) Joint bank statement.
d) Kaiser health insurance for spouse.
e) Joint credit card statements.
We do not have kids. No car title or house on joint name. No rental agreement or utility bills on joint name. We do not have life insurance.
Please let me know if these documents sound reasonable enough to convince USCIS. If there is anything else that I can provide, please do let me know.
Thanks a lot!
vinay.shah73@gmail.com
PS: I filed I-485 in Jan 2007 under EB-1 in Nebraska Service Center. My I-140 was also approved in Jan 2007. This was not a concurrent filing. I filed I-485 after getting I-140 approved. Got finger-print, EAD, AP in April.
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rameshvaid
09-16 11:17 PM
Done ...
RV
RV
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richi121175
05-23 01:00 AM
Is there any provision in the current bill to allow concurrent filing and have EAD even if the PD is not current? That can stop us from being exploited by some bad employers out there.
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Waitingnvain
08-08 06:08 AM
Anyone who is contributing to SS should receive a statement every year. Check this site out, it may have some info that you are looking for: www.socialsecurity.gov
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puskeygadha
05-22 11:42 AM
After labor is approved do we need hardcopy of labor to file
I140 and 1485..OR ELECTRONIC RECEIT WILL DO
tHANKS
I140 and 1485..OR ELECTRONIC RECEIT WILL DO
tHANKS
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asanghi
02-26 02:48 PM
No need for AP. If someone mails him the GC, he can get back to the U.S. with it.
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
Please recheck your info before dispensing advice. Adjustment of Status application is based on premise that you are already present in USA. At the time approval, you should be present in USA. Thus the need for AP. If your Green card AOS application has been approved while you are out of country. You NEED AP to enter.
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canmt
10-19 01:25 PM
The guideline issued by the Director of USCIS to field officers to interpret AC 21 does not take into consideration the geographic location of the new employer.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
I cannot say how USCIS will interpret AC 21 cases where the salary is more or less than prevailing wages specified in labor certification but USCIS will issue a request for evidence to get a letter from your new employer to state that your terms and conditions of approved labor certification continue to exist.
This could mean the new employer has no obligation to pay you as per your labor certification but once the green card is approved he would pay the money mentioned in the labor certification. No one can enforce this since both you and employer will look for bottom line profits.
If you have an offer with same or more money than the privileging wage determination in your approved labor certification you should be good but I don’t know how USCIS will interpret the AC 21 where geographic location of the employer is different. For example if the labor is certified in NYC with 120k and I take up 100k job at Raleigh more than prevailing wage for that location and currently i'm paid 75k till I get my green card as employer is not obligated to pay the salary as per wage determination in NYC.
I hope this helps and good luck on your green card chase.
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vin13
09-30 12:50 PM
I did have a LUD on 09/05 and 09/08 and then RFE was issued. Responded to the RFE on 09/22 . LUD on 09/22, 09/23 ,09/29 and 09/30.
EB2 India Mar 2005 NSC
There were atleast 7-8 cases from NSC on this board who received RFE's.
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
EB2 India Mar 2005 NSC
There were atleast 7-8 cases from NSC on this board who received RFE's.
Can you please tell us what the RFE was about....Did you use AC21.
Me and my spouse both have RFE....so i dont know what to expect. And I have used AC21 and changed jobs....I am just hoping it is not related to this.
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Ann Ruben
07-14 08:02 AM
Hello Ruben,
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
Can you help me out on the visa? My employer had sent you an email last week to aruben@srrlaw.us with the subject name "Keerthi Shankar".
Earnestly waiting for your reply.
Thanks.
Hi Keerthi,
I would be happy to help. I don't recall getting an e-mail from your employer last week. It is possible that it ended up in a spam folder. Could you ask your employer to resend today and i will be on the lookout for it.
Ann
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jonty_11
11-02 10:18 AM
It depends what you wrote down in your labor application. You can mention that job is consulting and clients are all over Continental US. I am sure you employer must not have told you that and didnt apply that way. Typical of consulting firms, so taht they can get you to pay another labor..which they can use for substitution.
So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.
So, now you can be queried at the final stage as your location is no longer the same. You will have to test the waters of Labor market again in NJ,,,by filing new PERM. So, the risk is yours to take.
Openarms
02-09 05:01 PM
what is NCR Region???
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
NCR Region
Sr Developer / Lead Developer (7-15yrs exp) - 8 - 15 lakhs
Project Manager (10-15yrs exp) - 10-20 lakhs
Above this level, the jobs are far and few, but some are
Principal Consultant / Program Manager (in cos like Wipro, Infy, HP) (12- 18 yrs exp) - 18-28 lakhs
Also note, just because someone has worked in US for a few years does not get any advantage above Project Manager level.
Information based on many well placed contacts at these levels.
ajju
09-07 12:10 PM
Same thing happened with me - since graduation I have been in the same company for 5 yrs, still as far as labor is concerned it is considered MS+0 yrs( i was very very disappointed on learning that), but changing job to get EB-2 just for this cause is a bit of over-reaction (assuming you are happy in ur current job).
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
If you've BS degree and one employer only for last 5 years... You can't file as EB2 even though your job needs it and you've 5 years experience.. In that case it might make some sense in switching.. But with MS.. you are already EB2.. so no gain by switching... You'd be just fine...
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