RDB
05-06 12:01 PM
To get an answer just visit this thread
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
Thanks for the link. Looks like I will have to get ready for an interview!!!!
http://immigrationvoice.org/forum/showthread.php?p=339084#post339084
Thanks for the link. Looks like I will have to get ready for an interview!!!!
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dixie
11-06 01:33 AM
No, those are just examples. Essentially, an H1-B working for any not-for-profit organization is exempt from the cap. Universities, goverment agencies, university medical hospitals are well-known examples that fit this description. Private sector organizations will not qualify in most cases. The key question you have to ask yourself to determine if you are eligible for an exemption is "Does this organization operate with the motive of profit ?". Of course, as always you will need to consult an attorney for a definite answer if you are not sure.
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
So then only these four categories count as "Non Cap H1Bs"?
Can anyone shed more light on any other categories that qualify as non cap?
Thanks
prioritydate
07-28 12:43 PM
My prediction for this year..
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
It doesn't make sense to push back again to Jan 2003 for EB2. It's been there for over an year and all of them who had that priority date would have applied and gotten their GC.
EB1 = Current
EB2 = Jan 2003 (Because of BEC cases coming out, chance for them to file I-485 in October)
EB3 = U
It doesn't make sense to push back again to Jan 2003 for EB2. It's been there for over an year and all of them who had that priority date would have applied and gotten their GC.
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snathan
05-01 11:55 PM
I'm currently on H1 visa (stamped) which is valid thru August 09. I'm going outside of US and entering back in mid May. When I enter, I'll have 3 months left on my visa. Do you think there could be any problem with just a few month remaining on my visa? Do you know if there is a requirement such as you need to have at least "x" number of months remaining on your visa to enter? I do have H1 extension I-797 approval notice valid from Aug 2009 thru Aug 2012, but not stamped in the passport.
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
Anyone went thru a similar situation? was there any problem or extra questions asked at the POE?
Thanks.
pappusheth
Should not be an issue. Dont forget to give the approval notice to the IO. Otherwise you will be given only till Aug 2009.
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lacrossegc
09-06 03:56 PM
keep in perspective that --
H1B Visa is a travel document required for entry into US.
The green Card is for sponsorship towards FUTURE employment.
In all cases I dont see any problem with what you are planning to do ...
as soon as you adjust your status you can move back to US provided your company gives you the same/similar job as you were approved for by the green card.
H1B Visa is a travel document required for entry into US.
The green Card is for sponsorship towards FUTURE employment.
In all cases I dont see any problem with what you are planning to do ...
as soon as you adjust your status you can move back to US provided your company gives you the same/similar job as you were approved for by the green card.
WaldenPond
06-29 09:04 AM
Hello jkays94,
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
Excellent post. The fear of some kind of retribution due to association or participation in standing up to put forward our grievances is something that has, in some way effected every effort for making the change. And often times, this fear is based on lack of knowledge of the system and law.
A friend of mine had sent the information about a book ‘Democracy in America’. And if I may quote from that book -
“In no country in the world has the principle of association been more successfully used, or more unsparingly applied to a multitude of different objects, than in America.”
“The most natural privilege of man, next to the right of acting for himself, is that of combining his exertions with those of his fellow-creatures, and of acting in common with them. I am therefore led to conclude that the right of association is almost as inalienable as the right of personal liberty.”
At the same time, the fear of retribution for some of the members is well understood as we all have families and responsibilities. And everybody’s perception on the level of risk involved and the capacity to take the risk for a cause/purpose is different. We ought to overcome our fears as this is a just cause and we are petitioning to bring back the fairness to the system. The system was never designed or intended to work in a way where it takes 6-12 years for people to get their employment based green cards. And as you rightly pointed out, CIR presents us all with the opportunity to fix the problem. I have lot of respect for Randallemery, who is a born citizen of US and continues to help us in this just cause.
Thank you Randallemery.
WaldenPond
more...
Dhundhun
11-21 04:12 PM
#1. Usually duration, designation and salary to be provided by company.
#2. The role or work related description can be provided by co-worker.
If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).
#2. The role or work related description can be provided by co-worker.
If RFE is related to #1, and company is closed, then lawyer (or yourself) has to present your case with whatever evidences are there (e.g. company is closed, follow up with ex-management to get certificates, etc).
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CCC2006
09-11 03:54 PM
Hi All,
I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.
I tried calling the lawyer but they say that nothing has come up either.
Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.
How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.
Hoping for the best.
I received word from my company that my 45 day letter had come in .. this is March 2005. Its more than a year and now they just seem to keep quite. If I persist they say the lawyer has not come up with anything yet.
I tried calling the lawyer but they say that nothing has come up either.
Now with all the talk about September 2007 the finish date for the BEC where do we stand. My lawyer is quiet, my employer is quite and my 6 years are getting close to complete in January 2007.
How are you guyz coping ? I am tired of waiting .. haven't gone past the first stage.
Hoping for the best.
more...
Prashanthi
06-26 01:57 PM
the above scenario applies only if their is a signed contract between him and the employer, does not apply to an agreement that was made between the recruiter and his employer as he is not a party to the contract.
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abhijitp
01-19 03:47 PM
NORCAL,
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
We have a game plan to give the letters campaign a major boost... now all you guys have to do is show up tomorrow!
THANKS!
more...
mhtanim
12-12 08:48 PM
I didn't read the RFE but the lawyer said they have requested for Audited Financial Statements which my company does not have.
When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.
As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.
When my I-140 was filed, I was given the option to either provide 1. Audited Financial Statements or; 2) Company Tax Return.
As my employer didn't have audited financial statements, my company submitted the most recent company tax return with the I-140.
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plshelpme
09-22 12:04 PM
my labor is in audit. how long does it take to clear?
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dudu
05-09 03:02 PM
Just some throught?
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
Could you post all the local contact for IV core member? Since we can work together with local contact to raise the issue we have. Even we can arrange local event.
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eb3_nepa
07-20 04:40 PM
bump
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eb3retro
09-09 03:51 PM
but the question is can someone mail the AP to India by postal mail or can someone take it along with them for their spouse if they are travelling. Precisely my question is when someone has applied for AP and when its not approved, can they travel without it and come back with AP that was approved after travel to India? This is always a grey area and no one seems to have a clear answer.
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Better_Days
11-20 07:00 PM
Come one folks. Since posting this, I had another beautiful addition to my family and then a minor surgery. Any insights or opinion will be highly appreciarted.
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
The quoted post above describes my situation. I140 and I485 were pending. I140 got denied and ended up with AAO. Second I140 got approved and I485 is linked with this 2nd approved I140 even though the priority date was not current.
Called USCIS twice to get the receipt number of the 140 underlying my 485 and got the receipt number for the second, approved 140 everytime.
The company has received an RFE from the AAO and they simply are in no mood to respond to it. They are going to withdraw the first 140. The lawyer retained by my company is absolutely clueless about how and why the second,approved 140 got linked with the pending 485 without the priority date being current. He is trying to play it safe by covering his own behind by saying statements like "USCIS made a mistake and if they every discovered this mistake in future, I will be regarded as being out of status from the day I used any EAD based on this pending 485", He is suggesting that we file a new 485 when the dates being current ( I am EB3/ROW).
Now I know that there are a lot of people who have had their 485s linked to their second, approved 140 automatically. Did this happen to any of you without the PD being current? Please do respond if you are in this boat.
Also, is there a policy or memo that explicitly refers to it? Can anyone please provide me a reference?
If the first 140 is withdrawn? Will it have ANY impact on the second 140 or the pending 485? The reason I ask this question is that after the AAO issed an RFE, the status on both my 140's changed to "Post Decisioon Activity". This is what worries me the most.
Any comment on any of the above questions will be highly appreciated.
Thanks for you time.
more...
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sp76
06-20 04:46 PM
If there is sufficeint time left on H1B, can one go for stamping at consulate although I485 is filed.
Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.
Can I use my advaanced parole document once I get it if my visa gets rejected in India?
Just wanted to add more to above question: Is 5 months enough time remaining in H1 to get stamping from India?.
Can I use my advaanced parole document once I get it if my visa gets rejected in India?
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Ann Ruben
07-17 05:25 PM
There is a very good chance that the gov't will seek to remove your son from the US even if he is only found guilty of misdemeanors.
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CRAZYMONK
03-18 02:38 PM
Your exemployer is very clever. He took all steps to not leave any evidence behind. The 5 months you are talking about, he is not liable as you are outside the US. If you are here in US and he did'nt paid, then its a differnt story.
In the offer letter he gave, when you joined, is there any thing mentioned about vacation pay?
In the offer letter he gave, when you joined, is there any thing mentioned about vacation pay?
tikka
08-06 09:48 AM
...bump...
I will be there..
I will be there..
NIW
08-31 12:24 PM
Just Ignore him. He thinks foreign workers are cheap labor. My wife recently got Outstanding Resident physician award in a huge urban hospital where she competed with 100% bright and talented American MDs.
Lou! I don't think we have any classes to improve IQ. Its genetic.
Lou! I don't think we have any classes to improve IQ. Its genetic.
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