kalyan
06-11 11:49 AM
I definitely need PP for 140 since by the time my H1 is due for renewal (after completing 6 years), My 1-40 will be 15 months older.
I cannot ask my employer to do 1 year h1B renewals as the lawyer fee is also added to it.
IF PP can be done at that time, i am saved for 3 years with one visa stamping and my employer is also saved for 3 years.
I cannot ask my employer to do 1 year h1B renewals as the lawyer fee is also added to it.
IF PP can be done at that time, i am saved for 3 years with one visa stamping and my employer is also saved for 3 years.
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wantgc23
08-15 02:30 PM
First find the SOC code for the Labor based on which your 485 is pending, Then find the SOC code for new job. If they are same or similar you are fine.
Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.
If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.
NOTE: I am not an attorney, use the info at your own risk.
Job Title alone does Not decide the SOC code for your job, It is mostly a function of the Job duties.
If your new employer would co-operate, Get a new Job offer letter that has atleast 50% same Job duties so that When USCIS adjudicates your 485, they arrive at same or similar SOC code as your original {in this case substituted labor}. SOC code.
NOTE: I am not an attorney, use the info at your own risk.
fide_champ
04-06 05:31 PM
Does not sound right. Where did you hear that?
AC21 allows you to change jobs after 180 days of filing.
AC21 allows you to change jobs after 180 days of filing.
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tejonidhi
11-27 01:20 PM
My friend is in India during the July 15 period. He is being told by the consulting firm that they have applied for Labor Substitution. All I know about labor substitution is that you have to apply for I 140 along with the approved labor sheet that company gets from DOL. The company Lawyer kept saying that they have sent it to DOL for substitution. I just want to clarify that there is no other way of substitution other than applying I 140.
Thank you
Thank you
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tammigaw
02-15 12:16 AM
i have signed non compete , but when i signed it , he explained me that i should not go to the client through some other vendor , but i can join end client as end client has contract with Prime vendor that they can hire me full time .
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
But now he is claiming that i cant join full time with the client as well.
During my stay with that employer , he newer paid me on time and once he held my paycheck , just to harass me.
Do you think that these grounds fall under employee undue stress to be sufficient to turn down Non Compete in court ?
arnab221
01-25 02:46 PM
When it is piecemeal people say we want comprehensive reform.
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
When it is comprehensive reform they say it is too broad to pass .
When it is summer they say Immigration Bill be introduced as early as Winter .
When it is winter they say it immigration bill will be introduced as early as summer .
When it is between spring(between winter and summer) they say now there is not adequate support for the bill.
This is a clear motive of hanging immigration reform like a bone in front of the dog and making him run around it and pay taxes .
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fromnaija
09-26 01:32 PM
Hi All,
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
My visa will expire (6 yrs completion) in the month of October 2007. What can I do next. Will I get an years extension based on the Green card filing. What is the standard procedure ?
CCC2006
Fiirst, I think you should have started a new thread with your question and not bury it under this discussion. Having said that, to get an extension after the six year H limit, you need to have labor certification application filed at least 365 days prior to your expiry date or alternatively have an immigrant petition approved on your behalf by that date.
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sunny1000
07-23 01:38 AM
For Labor substitution cases, is there premium processing for I-140? Earlier, USCIS announced that from 05/18/2007 to 07/16/2007, it was stopping premium processing for Labor substitution cases. Any change now?
No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
No PP for labor subs. No PP for other EB cases until 8/2/07 atleast. They may extend that because of the I-485 filings which will happen until 8/17.
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plassey
08-21 10:38 AM
I am happy for you but...
What the &^%$? I am a JUly 2nd filer but still no action..
This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.
EB-3 India
Nebraska
July 19th filer- Checks Cashed
no other updates
What the &^%$? I am a JUly 2nd filer but still no action..
This is to inform our community that July 19th filer check - 485, EAD, AP has got encashed. Please delete the thread if you would like to. It is only to aid people in this forum to track the dates.
EB-3 India
Nebraska
July 19th filer- Checks Cashed
no other updates
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STAmisha
11-14 02:36 PM
s
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hemya
12-10 11:44 AM
any suggestions if 140 is not approved?
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
Filed in August 2007......doesn't look like there is much movement based on tracker!!!!
EAD in hand
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glus
05-31 12:52 PM
Thank you to everyone who contributed. Guys, Junior members have contributed, you have to do it too......please do it.
J
J
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transpass
08-04 11:10 AM
me too...NSC filer, but transferred to TSC...
RD july 2, PD 12/2005
RD july 2, PD 12/2005
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gantilk
04-28 09:44 AM
when you say new fees, i assuem it is $340 . Correct ??
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reddymjm
05-21 04:48 PM
Though NSC says Feb18th for EAD my sister who filed on MAR 2nd got her approval last friday so it is less than 75 days.
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franklin
08-12 02:37 AM
Yes, everyone's numbers will be unique
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amsgc
04-08 08:02 PM
Yes we are working on it and will be enhancing it. Please keep adding your details to it.
The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!
The least people could do is put in their country of chargeability, and PD. It is just silly to see country of chargeability as US! Lets get serious people!
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greencardfever5
08-23 07:56 PM
I am working as an industrial engineer since 2006. My labor certification approved in 2006 mentioned job title of industrial engineer (SOC Code- 17:2112), My I485 is pending since 2007, I have also kept H1B status alive, six years will expire in dec however current I-797 for H1B is valid till June 2011.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
I may get promoted to an engineering manager position in next few weeks. I have few questions related �Promotion while I485 pending issue�.
1. Is the change from engineer to engineering manager allowed? If I guess correctly USCIS will take guidance from SOC codes 17:2112 (ENGINEER) and 11.9041(for manager)
a. Can one work as an engineer (SOC code 17:2112) and supervise junior engineers. Does USCIS assume that a person is a manager if engineers are reporting to an individual? On the other hand in some cases I have seen managers without anybody reporting to them.
2. If I can fulfill my employer�s expectation by accepting ENGINEER V position instead of engineering manager, will that be an option? (Few engineers will be reporting to me in either option).
a. I am positive that I will be able to fulfill my boss�s expectations in either position.
b. Can I accept the promotion immediately or employer will have to seek some sort of approval from USCIS?
3. If for some reason, employer can not give me a job title of Engineering V, Can I accept Engineering Manager�s position till my I-485 is pending and go back to Engineer V position upon I-485 approval, I read that in such cases, one needs to go back to original position mentioned in labor certification I-140 for six months upon I-485 approval? In this case how we will handle extension of my H1B petition which expires in 2011?
4. Can I accept position of Engineering Manager assuming that employer will issue an employment verification letter with a description similar to labor certification (if USCIS issues RFE for any other underlying reason)?
5. If for some reasons above options are ruled out, Can I accept promotion as a Manager assuming employer can submit new I-140 ( I guess this will be starting green card process all over) .Definitely this is the least preferred option considering current processing time and relative ease in searching a job for my wife ( through EAD).
In this case
a. What will be the priority date?
b. Can I and my spouse maintain the EAD card?
6. As the I485 is for future job, Can I work at engineering manager position till I receive RFE or I485 is approved
a. In case of RFE USCIS typically gives 15 to 45 days to respond, Can I change my position during that time i.e. switching back to the position mentioned in labor and I485
b. Upon I485 approval, can I go back to original position for few months (how much is that required period, is it six months?). I might have to take salary cut in the case; can I informally lead the team in that case?
c. I guess my interpretation is that what you do when I485 is pending does not matter as long as you switch back to the original position upon I485 approval.
Thanking you in anticipation.
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dartkid31
05-17 11:30 PM
That is true. This thing called "special handling" in common parlance is, thank god, not a hot topic of discussion. I hope this clause doesn't get weeded out given the current scenario where they have killed F4. I really wonder if "highly skilled" legal immigrants would ultimately get any benefit out of this bill. Limboland is where many people are - and at the end of the day you still get to live in Limboland and become its citizens by default.
My two cents! :( :(
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
My two cents! :( :(
The original language that was in CIR would exempt from the quota STEM graduates who have worked for 3 years, under the F 4 provision. More importantly, it allows for self petitioning and adjustment of status following a $2000 fee. If this amendment passes, all that would be gone, and simply replaced with the exemption that was already in the original bill. Again I'm puzzled: why are we supporting this amendment?
munnu77
12-12 06:56 PM
sorry if i am wrong..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
How can someonw get a result on 140 with in 6 months, whn the waiting period is more thn 1 yr..
i just dont trust these consultants..
Mayra75
12-31 05:22 PM
In the Comprehensive Bill (Pls. see summary of this bill) to be discussed on the Senate/House floor Feb-06, Page 6 Section 311 provides for exemption on temporary workers with advanced degrees from US universities from numerical limit.
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
Waldenpond :
Thanks for your reply,I read section 311 , it talks about people with advanced degree from US universities , so what about forgein-trained with noraml degree ? will these H1s visas will only for advanced degree ?
Thanks
http://www.immigrationforum.org/documents/PolicyWire/Legislation/SpecterChairmanMark.pdf
With this provision going into effect, it will free up current H1s that have gone towards the count of numerical limit in current financial Yr. USCIS may have to do the count again to differentiate between applicants with advanced degrees from US universities and come up with the number of free H1s. My guestimate is it maybe 30% of the total visa avaliable which is something like 30% of (65K+20K) ~ 25K.
Waldenpond :
Thanks for your reply,I read section 311 , it talks about people with advanced degree from US universities , so what about forgein-trained with noraml degree ? will these H1s visas will only for advanced degree ?
Thanks
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