desi3933
02-21 09:39 AM
Point is you have the same age old text available the university presentations and kit as your take. Where did you get this? That was missing. Now I do not want to be blunt and say that you copied pasted it from that search result into the forum. You should have atleast make a mention of the source or pasted a link as a courtesy.
Now you may ask "so what?" but you can ask that "so?" for any thing and everything posted on this forum to argue on anything and everything. I will leave it there. Peace.
Ok, I agree with you. I should have mentioned the source.
Now, coming back to the topic of the post, I also mentioned in couple of posts above, based on USCIS memo, full time job position means 35-40 hours in most cases. One thing the attorney, mentioned in your post, failed to mention that H1B petition is linked to LCA and the employment letter included at the time of petition. If the employment letter (or job offer4 letter) mentions it is full time job then any significant change in that will require H1-B amendment. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
One more thing, may I add here, is the universities tend to follow H1B rules and regulation more strictly then small time consulting shop.
Let me know, if you still believe that significant changes in job hours does not involve H1-B petition amendment.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
Now you may ask "so what?" but you can ask that "so?" for any thing and everything posted on this forum to argue on anything and everything. I will leave it there. Peace.
Ok, I agree with you. I should have mentioned the source.
Now, coming back to the topic of the post, I also mentioned in couple of posts above, based on USCIS memo, full time job position means 35-40 hours in most cases. One thing the attorney, mentioned in your post, failed to mention that H1B petition is linked to LCA and the employment letter included at the time of petition. If the employment letter (or job offer4 letter) mentions it is full time job then any significant change in that will require H1-B amendment. It is very common to file H1B amendment for changing from full time to part time, changing job location, or changes in job duties.
One more thing, may I add here, is the universities tend to follow H1B rules and regulation more strictly then small time consulting shop.
Let me know, if you still believe that significant changes in job hours does not involve H1-B petition amendment.
Have a good day!
________________________
Not a legal advice
US citizen of Indian origin
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sledge_hammer
03-01 08:21 PM
You probably missed his question. He is worried that CVS might not file her H-1B in a timely manner which would result in her missing a chance at the lottery. As a back up, he wants to file through a consulting company.
It is in the title of the thread - H1B sponsorship for pharmacist
Also in the first line - My wife is looking for H1 sponsorship for this year as a pharmacist
He is saying CVS doing her filing. So I dont believe she is going to sit in the bench. It should be permemanent employment for CVS.
It is in the title of the thread - H1B sponsorship for pharmacist
Also in the first line - My wife is looking for H1 sponsorship for this year as a pharmacist
He is saying CVS doing her filing. So I dont believe she is going to sit in the bench. It should be permemanent employment for CVS.
arindamb
12-14 02:22 AM
Hi,
The EB1 has a section for international executives and managers. Does a manager need to necessarily have direct reports ? For example a project manager managing a large project on-site might not have direct reports but might be managing a $10MM project. I have a friend who has the offer to come here on L1 as a project Manager. He is wondering if he can take advantage of EB1 as a multinational manager. He is coming in on managerial capacity.
Does anyone have any information on that ?
thanks
The EB1 has a section for international executives and managers. Does a manager need to necessarily have direct reports ? For example a project manager managing a large project on-site might not have direct reports but might be managing a $10MM project. I have a friend who has the offer to come here on L1 as a project Manager. He is wondering if he can take advantage of EB1 as a multinational manager. He is coming in on managerial capacity.
Does anyone have any information on that ?
thanks
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zamoo
02-27 02:35 AM
VivekJay : Thanks. That is what I thought would be the case. Just wanted to make sure.
Dhundhun : Thanks for the details. That kind of makes me ask for more details if you would - Are you a GC holder or waiting for GC ? In any case, why couldn't you get EAD for the kids (at least for the one one H1 now) ? My kid is going to be about that age in another 4-5 yrs. So, asking.
Another thing is : Under current circumstances, it can be years before the spouses unite (borrowing VivekJay's word) in US. Has it always been that way ? Was "marrying to a GC holder" a bad idea 15-20 years ago as well ?
newbee7 : Good to see the sense of humor.
monkeyman : I don't have answers to your questions. I have not been in any such situation myself. Nor do I personally know someone who has been.
Thanks...
Dhundhun : Thanks for the details. That kind of makes me ask for more details if you would - Are you a GC holder or waiting for GC ? In any case, why couldn't you get EAD for the kids (at least for the one one H1 now) ? My kid is going to be about that age in another 4-5 yrs. So, asking.
Another thing is : Under current circumstances, it can be years before the spouses unite (borrowing VivekJay's word) in US. Has it always been that way ? Was "marrying to a GC holder" a bad idea 15-20 years ago as well ?
newbee7 : Good to see the sense of humor.
monkeyman : I don't have answers to your questions. I have not been in any such situation myself. Nor do I personally know someone who has been.
Thanks...
more...
jonty_11
08-01 04:43 PM
"What time did it reach the USCIS" ...
Come on maan !! Do not get so desperate !! Does it really matter as to what time it reached USCIS ?
and u have to be accurate to the nano second
Come on maan !! Do not get so desperate !! Does it really matter as to what time it reached USCIS ?
and u have to be accurate to the nano second
lazycis
11-28 08:42 AM
This is a regular practice of DA/AUSA. Since you have an attorney, let him work on the opposition. Check this link where you find a sample opposition which was used in Northern Cal.
http://boards.immigrationportal.com/showpost.php?p=1750161&postcount=12452
http://boards.immigrationportal.com/showpost.php?p=1750161&postcount=12452
more...
onemorecame
06-11 05:18 PM
I also have the same text
�The above petition has been approved. The petition indicates that the person whom you are petitioning is in the United States and will apply for adjustment status. He or she could contact local INS to obtain form I-485."
and an A number!!!!
I guess, since it spells out that I can apply for adjustment status. We should go ahead and file i-485. They might accept the application who knows whether they changed the law internally or not.
I too got same A# number on top of my name in I-140 approval,
but i don't think i can apply for I485 untill unless my date will current.
�The above petition has been approved. The petition indicates that the person whom you are petitioning is in the United States and will apply for adjustment status. He or she could contact local INS to obtain form I-485."
and an A number!!!!
I guess, since it spells out that I can apply for adjustment status. We should go ahead and file i-485. They might accept the application who knows whether they changed the law internally or not.
I too got same A# number on top of my name in I-140 approval,
but i don't think i can apply for I485 untill unless my date will current.
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wandmaker
10-31 08:54 AM
Any one to raise the bar?
more...
webm
06-13 03:33 PM
How do I postpone the FP cause I will be out of time on that day?
Call the CIS customer service and you can reschedule FP appointment as it says on the notice..
Call the CIS customer service and you can reschedule FP appointment as it says on the notice..
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gc_boy_007
12-14 10:41 AM
I work as a product manager managing a $100 MM product line. My company has operations in London, Frankfurt, Seoul, Tokyo and HongKong.
I was wondering if I should take a transfer to any one of those countries work there for 12-14 months and then take a transfer back in here on L1A. There is a chance I might be able to take advantage of EB1 then?
Has anyone else thought about this path ?
I was wondering if I should take a transfer to any one of those countries work there for 12-14 months and then take a transfer back in here on L1A. There is a chance I might be able to take advantage of EB1 then?
Has anyone else thought about this path ?
more...
vhd999
05-14 12:22 PM
I am not sure if there is a thread created under "interesting topics" for discussing investment options in the US. If yes, we can close this one.
Besides the house, the 401k, the ESPP and the stocks (which I've always shied away from), would the IV community provide inputs on the following:
1. the various investment options in the US.
2. good investment consultants that you know of
3. approx percentage spread of your investments
e.g: 10% in stocks, 10% in 401k , 50% in the house purchase etc.
I know this thread is not relevant to immigration issues but those are being actively discussed in other threads.
I am working in investment industry for the last 7+ years.
Your question is very simple but the answer is not.
While anyone can answer your question based on their own experiences you may or may not get an answer that suits your situation.
Humans tend to remember what happened recently more than what actually can happen in the long term.
This is called heuristic biases.
Anyway, to answer your question, the investment opportunities depend on,
1. Amount of money you want to invest.
2. How much risk you would like to take.
(How much money you can loose and still survive.)
3. Your return goal. (i know everyone wants to have infinite gain..)
4. Your liquidity needs
5. Your time horizon
6. Your tax situation
7. Other unique circumstances
Do not invest money based on your feelings. In the investment industry your feelings are your enemy.
Lot of information that the individual investor gets is already stale and dangerous.
One advice I can give you is, in U.S, earning is easy saving is not. Do your own research and use external research/opinions to confirm your findings.
Good luck!
Besides the house, the 401k, the ESPP and the stocks (which I've always shied away from), would the IV community provide inputs on the following:
1. the various investment options in the US.
2. good investment consultants that you know of
3. approx percentage spread of your investments
e.g: 10% in stocks, 10% in 401k , 50% in the house purchase etc.
I know this thread is not relevant to immigration issues but those are being actively discussed in other threads.
I am working in investment industry for the last 7+ years.
Your question is very simple but the answer is not.
While anyone can answer your question based on their own experiences you may or may not get an answer that suits your situation.
Humans tend to remember what happened recently more than what actually can happen in the long term.
This is called heuristic biases.
Anyway, to answer your question, the investment opportunities depend on,
1. Amount of money you want to invest.
2. How much risk you would like to take.
(How much money you can loose and still survive.)
3. Your return goal. (i know everyone wants to have infinite gain..)
4. Your liquidity needs
5. Your time horizon
6. Your tax situation
7. Other unique circumstances
Do not invest money based on your feelings. In the investment industry your feelings are your enemy.
Lot of information that the individual investor gets is already stale and dangerous.
One advice I can give you is, in U.S, earning is easy saving is not. Do your own research and use external research/opinions to confirm your findings.
Good luck!
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binjosmurthy
07-01 07:47 AM
Could you please reply soon to my below questions:
1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?
2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?
3) What is the success rate of going back to home country and re-applying for F1 visa?
Please share your knowledge. Thank You!
Corrections:
Since your employer has filed a labor before you might have problems in transferring to F1 (Since you have shown intent to immigrate).
Immigrant intent is only established by the I140 and or I485 filing. At the Labor cert stage, USCIS is generally not involved. LC is only a process to determine the validity of the job offered to a foreign national for which qualified US citizens are not available.
3. Even if both of these thing do happen and you get OPT after 2 semesters you still cannot get an H1b unless you move out of the country for atleast 1 year. H1b Extension after 6 years is for continuation of employment if there is a break you cannot apply for extension beyond 6th year using 140 you have to go out for 1 year, moving to F1 does not count as break.
Under the 2006 memo, it is not necessary for the h1b beneficiary to be in H1 status when applying for the additional 1 year or 3 years extension based on LC filing date or I140 approval. See this url:
MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)
1) What are the options if labor was filed, then lost job, then COS from H1 to F1 gets denied?
2) Can re-appeal of denial from H1 to F1 COS possible? If so how can this be done and what is the success rate?
3) What is the success rate of going back to home country and re-applying for F1 visa?
Please share your knowledge. Thank You!
Corrections:
Since your employer has filed a labor before you might have problems in transferring to F1 (Since you have shown intent to immigrate).
Immigrant intent is only established by the I140 and or I485 filing. At the Labor cert stage, USCIS is generally not involved. LC is only a process to determine the validity of the job offered to a foreign national for which qualified US citizens are not available.
3. Even if both of these thing do happen and you get OPT after 2 semesters you still cannot get an H1b unless you move out of the country for atleast 1 year. H1b Extension after 6 years is for continuation of employment if there is a break you cannot apply for extension beyond 6th year using 140 you have to go out for 1 year, moving to F1 does not count as break.
Under the 2006 memo, it is not necessary for the h1b beneficiary to be in H1 status when applying for the additional 1 year or 3 years extension based on LC filing date or I140 approval. See this url:
MurthyDotCom : NewsFlash! (http://www.murthy.com/nflash/nf_122006.html)
more...
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indigo10
03-03 03:44 PM
Hi immi_2006,
Thanks for reply, If you dont mind can you give us more details on how the interview went, like what did VO ask in H4 interview and Trivalley interview.It will be very helpful for all in similar situation.am planning to go for stamping too.
Thanks
My friend's wife attended H4 interview in Feb.
She was F1 -> OPT -> F1 Tri valley -> CPT -> H4
She has CPT in a company that is related to her field of study but not working for the last 4-5 months due to marriage etc. She left to india for H4 stamping as soon as she learned about Tri-vallye fraud. (Other reasons for her immediate departure are fear of being detained and H4 COS delays)
They have asked several questions for couple of hours on her schools, specially focusing on TVU. After the interview they kept her passport and gave her a gerneral 221g. After 7-10 days they sent the passport with H4 stamp on it. She is back in US last week.
It seems there are no issues with going to H4 stamping. However if you had applied COS, You can stick to it.
Thanks for reply, If you dont mind can you give us more details on how the interview went, like what did VO ask in H4 interview and Trivalley interview.It will be very helpful for all in similar situation.am planning to go for stamping too.
Thanks
My friend's wife attended H4 interview in Feb.
She was F1 -> OPT -> F1 Tri valley -> CPT -> H4
She has CPT in a company that is related to her field of study but not working for the last 4-5 months due to marriage etc. She left to india for H4 stamping as soon as she learned about Tri-vallye fraud. (Other reasons for her immediate departure are fear of being detained and H4 COS delays)
They have asked several questions for couple of hours on her schools, specially focusing on TVU. After the interview they kept her passport and gave her a gerneral 221g. After 7-10 days they sent the passport with H4 stamp on it. She is back in US last week.
It seems there are no issues with going to H4 stamping. However if you had applied COS, You can stick to it.
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xbohdpukc
02-25 11:49 PM
Not sure if that one survives in the house.
--MC
Speaking of the House we cannot be sure if anything survives there, so this provision is neither better nor worse any other.
--MC
Speaking of the House we cannot be sure if anything survives there, so this provision is neither better nor worse any other.
more...
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chikusri
07-10 09:49 PM
I am going to Calgary, Canada next week for my H-1B Visa Stamping - I am planning for 4 days of stay as I am unsure of the exact timelines as to when I will be getting my passport.
Curious on whether they mail the passport to the hotel or we can go collect the passport in Canada?
I will keep you posted once I am done there!
Thanks
Curious on whether they mail the passport to the hotel or we can go collect the passport in Canada?
I will keep you posted once I am done there!
Thanks
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visli_com
07-20 06:49 PM
My attorney was swearing that you don't need employment letter. He was saying that he applied numerous I-485s recently without employment letter. He says that employment letter was required long ago, when the gap between I-140 and I-485 was many years, so INS wanted to verify that you are still with current employer and that employer still intends to sponsor you GC. Today you apply 140 almost together with 485, of course it means that the company is willing to sponsor you, so the letter doesn't make much sense.
So... according to my attorney you should be fine.
(although I personally insisted on inclusion of my employment letter and he included mine reasoning that it will do no harm).
My attorney did same, without employment letter.
So... according to my attorney you should be fine.
(although I personally insisted on inclusion of my employment letter and he included mine reasoning that it will do no harm).
My attorney did same, without employment letter.
more...
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ptanu
02-15 11:18 PM
My I-140 was approved in 2004, my case has been processed completely in california and now its been transferred to Lincoln, NE. I received the email today for me and all my family members.
EB3
India
Nov 2002 priority date
3rd EAD and AP.
EB3
India
Nov 2002 priority date
3rd EAD and AP.
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gimmemygreen
09-14 03:56 PM
Awesome for some(full timers) and terrible for others(bodyshopping).
This will create more demand for skilled professionals.
This will create more demand for skilled professionals.
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funny
06-18 02:13 PM
I believe that is not correct. To get back into US when you are on H1B/H4/L1/L2, you need to have a valid unexpired stamp on your passport.
Say, your stamp expires on July 31st 2008 but you have a approved I-797
which is valid up to Dec 31st 2009, then you may get an I-94 that is valid upto
Dec 31st 2009.
Not surrendering I-94 before leaving US is not a great idea!
This is correct information
Individuals who are already in the U.S. and remain in legal status are encouraged to apply at non-border U.S. embassies and consulates in conjunction with foreign travel for business or pleasure. Those who plan to visit Canada, Mexico or, in the cases of students and exchange visitors, adjacent islands, may re-enter the U.S. within thirty days on expired visas as long as they possess a valid I-94 form unless they are excluded from automatic revalidation, as noted below.
Just go to the bottom of the page.
SOURCE WEB SITE
http://www.travel.state.gov/visa/temp/without/without_1260.html
Say, your stamp expires on July 31st 2008 but you have a approved I-797
which is valid up to Dec 31st 2009, then you may get an I-94 that is valid upto
Dec 31st 2009.
Not surrendering I-94 before leaving US is not a great idea!
This is correct information
Individuals who are already in the U.S. and remain in legal status are encouraged to apply at non-border U.S. embassies and consulates in conjunction with foreign travel for business or pleasure. Those who plan to visit Canada, Mexico or, in the cases of students and exchange visitors, adjacent islands, may re-enter the U.S. within thirty days on expired visas as long as they possess a valid I-94 form unless they are excluded from automatic revalidation, as noted below.
Just go to the bottom of the page.
SOURCE WEB SITE
http://www.travel.state.gov/visa/temp/without/without_1260.html
vin13
07-23 09:22 AM
Just voting will not keep this thread alive. Start some discussion so it stays active and will help collect some good data.
pandu_hawaldar
06-03 11:33 AM
I should have atleast one attorney representing me, as my old attorney has not yet revoked their involvement (as far as I know) and my new attorney has already filed G-28 and AC-21 before a month.
The question here was how would we know that the USCIS has my new attorney in their file, but I guess the only option to know this is by getting an appointment (infopass).
Actually, yesterday I called uscis and they told me that your attorney needs to call for that, so not quite sure if I can request my attorney to do so, until we wait for bit more time.
The question here was how would we know that the USCIS has my new attorney in their file, but I guess the only option to know this is by getting an appointment (infopass).
Actually, yesterday I called uscis and they told me that your attorney needs to call for that, so not quite sure if I can request my attorney to do so, until we wait for bit more time.