venky321
08-16 01:17 PM
The court is saying that since this is a non-binding memo; the court does not need to judge whether or not the USCIS definition of an employer employee relationship is valid or not.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
It just means that H1B petitions that have denied based on the 'control' issue can be appealed presumably. But this might only be an option for large IT companies; which is probably what the USCIS knew and planned for all along. I think the goal of the USCIS is to apply this memo selectively against the smaller Desi consultancies.
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martinvisalaw
06-15 11:54 AM
The answer depends on various facts not listed in your question. I assume that he wants to return in H-1B status. If he has not used his full 6 years in H-1B status before, he can get the remainder of his 6 years without being subject to the H-1B cap. If he used his full 6 years and now has been outside the US for one full year, he can get another 6 years, but he will be subject to the H-1B cap (assuming he will work for a cap-subject employer). If he didn't use his full 6 years, but has been outside the US for a year, he can either (a) apply for a new 6 years and be subject to the cap, or (b) get the remaining balance not subject to the cap.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
Since the cap has not been reached yet this year, filing a cap-subject H-1B shouldn't be a problem if he can do it soon.
whitecollarslave
01-17 10:30 PM
I received a copy of I 485 Receipt Notice from my lawyer today. The priority date is empty in the receipt notice. Is this normal?
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minimalist
08-03 02:30 PM
Generally attorneys charge a retainer fee. What that means is they are willing to represent you regarding any issues with a case. Some services are covered with retainer fee and they may charge additional fee based on any extra work. For Example AC21 Retainer fee is around 750/- where they submit a G28. Then for any RFE they generally charge in the range of 250$.
more...
smartboy75
08-25 04:51 PM
Hi all
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
I have been trying to use the POJ method to reach an IO but looks like USCIS has shutdown that option. After entering the receipt number it simply reads out the online status message and does not provide any option to reach a CSR.
Looks like eccessive status calls have caused this.
Has anyone still been able to use the POJ method today and if yes can u pls post the details ??
Thanks
perm2gc
09-14 12:29 PM
Hi,
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
My wife is on H4 and willing to apply for H1-B. Her educational qualifications
1.)High school education(12 yrs)
2.)BCA(Bachelor of Computer Applications)- 3 yrs
3.)2.5 yrs of IT experience
4.)She's also doing her M.Sc(Master of Science) in Information Technology. Currently in 2nd year and will be completing by end of 2006. (She may not have the degree certificate by April 2007).
Is she eligible to apply for H1-B for next year 2007
Thanks,
Kumar
Kumar..Talk to a attorny before filing her H1.USCIS is rejecting cases who dont have continous 16yrs education. Recently one of friend's 7th year extension was rejected based on same reason.
more...
life99f
03-23 08:32 PM
I want to change my job from an university to a company.
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
I know I have to apply for industrial H1b , but I am not sure whether I MUST wait till 1st Oct to start work.
Does anyone have idea? thanks!
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mjdup
07-26 11:34 AM
One year for my labor had not elapsed and I had no other way to get the 8thyr extension so my attorney applied for the premium processing, it was applied on 16th and got it approved by 27th of June. If your labor has met the 1yr req. you could always apply for the 1yr extn, don't see why you won't be able to use the 1yr labor rule..hope this helps,
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atlfp
04-13 09:32 PM
This is exactly the problem. There are a lot of house straight head Republican's who won't give up their anti-immigration position. Because of their existence, anything on this issue that wants to pass need Democrats vote.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
The House operates very differently from the Senate. If Republicans in the House are behind a bill the Democrats in that chamber are powerless to block it.
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yabadaba
12-28 08:32 AM
mine went to texas too...since every single petition, opt ead, h1bs, I-140, etc were from tsc. i am assuming it was cos my address was in GA and my 485 based A# was also from TSC.
i am already done with my biometrics in sept so i m hoping for a quick turnaround too.
i am already done with my biometrics in sept so i m hoping for a quick turnaround too.
more...
rahul2699
05-19 04:43 PM
Hi,
I got a dream job offer and I have not yet applied for OPT. I have not graduated from school and that's why I applied for CPT.
I just want to know can I work on CPT till my OPT arrives? Also would it be of concern to my employer that I am working on CPT as long as I am eligible to work legally full time? Is that something I should intimate my employer about before joining?
I would appreciate if someone can reply really soon.
Thanks a lot.
You should not have any problem working on CPT as long as the job is related to your field of study. Your employer will know this by looking at your CPT card since it has an expiration date. Be aware that when you apply for OPT you have to get your OPT effective date as CPT expiration date if you want to continue working.
I got a dream job offer and I have not yet applied for OPT. I have not graduated from school and that's why I applied for CPT.
I just want to know can I work on CPT till my OPT arrives? Also would it be of concern to my employer that I am working on CPT as long as I am eligible to work legally full time? Is that something I should intimate my employer about before joining?
I would appreciate if someone can reply really soon.
Thanks a lot.
You should not have any problem working on CPT as long as the job is related to your field of study. Your employer will know this by looking at your CPT card since it has an expiration date. Be aware that when you apply for OPT you have to get your OPT effective date as CPT expiration date if you want to continue working.
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HRPRO
03-08 03:55 PM
It is always better to maintain the H along with the EAD/AP. If you apply for PP, you will get the approval within 15 days and include the 539 petition for yourself along with the H-1 petition.
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spicy_guy
07-12 04:12 PM
Congrats, EB I guys.
We poor EB I guys need to shutter!!
We poor EB I guys need to shutter!!
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TheCanadian
04-13 01:31 AM
Congrats everyone!!!
Thanks for the contest Kirupa :hoser:
Thanks for the contest Kirupa :hoser:
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Dhundhun
06-05 07:41 PM
I live in New jersey and send my EAD renewal to Nebraska based on my I-485. When i read the instructions, I found out that the application has to go to Texas based to the state where i am in now.
I would appreciate if anyone had same experience and share it with us.
Thank you
Refer to http://immigrationvoice.org/forum/showthread.php?p=252978#post252978
I would appreciate if anyone had same experience and share it with us.
Thank you
Refer to http://immigrationvoice.org/forum/showthread.php?p=252978#post252978
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aksvk
09-23 07:45 PM
Thank you so much for the information!
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hindu_king
06-03 04:53 PM
I got an RFE in Oct 2008 and responded to it. I a, hoping that I'm not going to get another RFE and also hoping that my application is pre-adjudicated and once the visa numbers are available (within one to ten years?!), i'll get the GC.
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raysaikat
10-04 11:13 AM
Hello,
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
I entered this country (US) on a F1 visa. I've completed my masters and during my post-completion OPT I was offered a job by a company who filed my H1. It was approved in Nov 09 and was valid until Nov 2012. But in Apr 2010 I was laid off and since H1 doesn't have any grace period and I couldn't find an employer ready for a transfer, so I changed my status back to F1. I'm currently working for an IT consulting company (full time) at their client location. The client would like to hire me full time. But since I'm working on my CPT, and do not have a valid H1 visa is it possible that the Client can simply transfer my existing H1 or do they have to file a new H1 as my status has changed. Please suggest as I'm very Confused how to deal with this situation as I do not want to lose an opportunity. Also please do throw some light on any grey areas if present.
Thanks
Pradeep.
There is nothing called "transfer". Every H1-B petition is a new petition. Your employer has to submit a petition on your behalf. Since you have already been counted towards the quota once within the last 6 years, you will not be subject to the quota again.
==============
�(7) Any alien who has already been counted within the 6 years prior to the approval of a petition described in subsection (c), toward the numerical limitations of paragraph (1)(A) shall not again be counted toward those limitations unless the alien would be eligible for a full 6 years of authorized admission at the time the petition is filed. Where multiple petitions are approved for 1 alien, that alien shall be counted only once.�.
==============
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meridiani.planum
05-30 11:33 AM
Hi
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
I got selected in the lottery this year 2009 for H1. I filed it through a consultant in US. I am currently in India and waiting for I-797. Some quick questions :
1. If a MNC in US is ready to offer me a job, when is the earliest, the H1 can get transferred ?. is it possible to get the H1 transferred before I get it stamped in India itself ? (before October).
2. If the above is not possible, when is it possible to transfer the H1 ?.
3. Is it necessary I work with the consultant, before I can get my H1 transferred?.
work with that consultant for a month (2 payslips) then you can happily transfer your H1.
webm
02-17 04:36 PM
Which Indian consulate is this??
somegchuh
10-29 05:37 PM
Since there are lot of ppl here who have had EAD/AP for years ...
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
Do you know if USCIS lets you petition for renewal of EAD/AP only 4 months before expiry? Our legal assistant says that they can not apply for renewal until its 4 months to expiry. I was under the impression that we could apply six months in advance. Can someone post a USCIS link that provides a definitive answer?
Thanks
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