indyanguy
01-30 01:03 PM
My EB2 labor was filled (different company) as Software Engineer (Level III)
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software
Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?
When you say Level III, are you referring the to the Wage level? My EB3 was under 15-1031.00. Now with the same company, If I have to do EB2, can it be in the same category? The only other relevant category I see is:
15-1032.00 - Computer Software Engineers, Systems Software
Also, my understanding is that when you do the prevailing wage determination, the MS+1 will be lesser than MS+1 or BS+5, but both of them qualify for EB2. Thoughts anyone?
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perm2gc
11-07 04:09 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
if possible try to complete the course or take CPT ...As of now you are in legal status only but if you dont complete your course..you may have some tough questions to answer when you go for visa stamping.. also try to search in murthy..you will have lot more information.
good luck!!!
stirfries
03-18 09:31 PM
I'm from the UK and we've now been told I cannot leave the US and join him, until I have my advance parole which could take 3 to 4 months.
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
Smerchas...Are you sure about what this? From what I remember, you have to be in the country when you apply for your AP...But there is no necessity that you need to be here when it is approved !
Technically, you can ask your attorney or the person who is living at the address where the AP document would be sent by the USCIS, and request them to forward the approved AP to your then current address...That way, you don't have to stay in the country while USCIS processes your application...
Ofcourse, the flip side is, if your AP is denied for any reason, you would have to go to the US consulate in wherever country you are and request the special admission letter...
Thanks,
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vvpandya
05-21 01:48 PM
Immigrating to Canada: Skilled workers and professionals (http://www.cic.gc.ca/english/immigrate/skilled/index.asp)
more...
sertasheep
08-05 07:18 AM
Bump
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laborchic
10-06 11:39 AM
Its an honor to have such prestigious members on IV Advisory boards..
Great to know that we are in good hands..
Great to know that we are in good hands..
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paskal
07-14 12:01 PM
why is there not an EB3 Philipenes with backlogs?
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
that would free up EB3 ROW and allow spillover
Clearly Philipenes has enough applicants to have backlog issues???
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KabAyegaMeraGc
10-22 04:31 PM
I was eligible for EB-2 but as company wouldn't file any case in EB-2.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
My lawyer suggests the best way to get it faster is to apply for a new EB-2 (fm a new company) and go for consular processing. I am still researching that option.
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Ann Ruben
03-11 10:58 AM
If the PWD is for a PERM application, there is no way to avoid using the DOL system. (NOTE: for H-1 PWD the online DOL system is NOT required).
There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.
There is no provision for expediting PWD's through the DOL online system. However, in typically unfair DOL fashion, it seems that PWD requests submitted in mid February are being approved in about 30 days or less while many submitted earlier are still languishing. So, submitting a second PWD request now might get you a PWD sooner than waiting for one submitted in January.
Another issue of concern about the new PWD system is that it has been generating wildly arbitrary determinations some of which reference SOC codes and experience levels different from those on the actual PWD request.
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TeddyKoochu
07-29 03:26 PM
The calculations have a huge margin or error there because it is based on 2 wrongs. USCIS data is not fully accurate and tracker data is small. 2 wrongs do not make a right. It is better to trust information directly from people talking to Department of State and USCIS. Lawyers know better as they do this everyday for many years.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
I must correct the following facts for you.
- Last year FB to EB was 10K approx so this year the expectations are similar according to your attorney. All these numbers are distributed proportionately amongst all categories, refer demand data document.
- The confusion seems to in the administrative language, spillover means FB to EB.
I think you should read atleast a few pages or posts on the predictions calculations thread before being judgmental. The calculations have been done from all possible sources a) Inventory b) USCIS processing volumes and from large samples from other sites. If you have better sources with facts and figures please let us know. Somebody merely saying something will happen has no meaning. With regards accuracy said what is happening months back and many people believe that his predictions are accurate and very close to reality. I believe you should read atleast the post on page 1 it may clear many of your misconceptions.
more...
mangelschots
05-03 02:24 PM
other than waisting my time (5min) in signing this petition (which by the way is another source of 'compelling stories'), is this bill worth the effort of IV core and IV members to support and follow-up, i.e. is it a good bill for us ? I have not read the bill itself. I am not very familiar with navigating the US legislation system. Do we have any idea what kind of support is out there for this bill ? Is this bill going to solve anything ? It is one thing to mandate fixing the system. The other thing is to actually do it. FBI recently canceled a big IT project that lasted a couple of years and is basically scrapped. Was that system supposed to fix the FBI namecheck backlog but failed ? Even if this bill passes and congress 'mandates' the FBI to fix the system, how long will it take to fix it ? They could spend another 3 years implementing a new system (personally I don't understand why - there is plenty of COTS tools out there to implement a Google-like system). But voting this bill could put a new urgency on the matter and inject new money in the effort.
Or am I waisting everybody's time on this and does it not pertain to our cause (getting CIR passed) ?
Or am I waisting everybody's time on this and does it not pertain to our cause (getting CIR passed) ?
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tonyHK12
11-09 01:39 PM
Schumpeter: The other elephant | The Economist (http://www.economist.com/node/17414206)
When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more
yes agree.
I don't think they are even trying to get skilled immigrants anymore, but just temporarily get many people in their 20s to mid 30s. Hiring drops drastically after mid/late 40s here anyway. I guess the logic is also that anyone can be trained locally to become a skilled worker (hopefully)
current Immigration policy ends up getting mostly people who are familiar looking, friendly types, who keep up with the latest fads.
I guess it depends on what they feel is more important and makes them feel gooood, happy.
Good Media trick indeed,...infosys is giving money for this too???
dude the economist is pretty reputed company from London
When the US govt is ignoring the problems of legal immigration and making it harder and harder to immigrate (especially when the interest of foreign nationals to come here has subsided with unprecedented growth in their native country...) it is foolish to expect to lure skilled people to this country any more
yes agree.
I don't think they are even trying to get skilled immigrants anymore, but just temporarily get many people in their 20s to mid 30s. Hiring drops drastically after mid/late 40s here anyway. I guess the logic is also that anyone can be trained locally to become a skilled worker (hopefully)
current Immigration policy ends up getting mostly people who are familiar looking, friendly types, who keep up with the latest fads.
I guess it depends on what they feel is more important and makes them feel gooood, happy.
Good Media trick indeed,...infosys is giving money for this too???
dude the economist is pretty reputed company from London
more...
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hpandey
10-06 11:51 AM
Not exactly, http://immigrationvoice.org/forum/showthread.php?t=21871
Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D
Bingo !! We would never be lucky enough to get rid of the GCTEST headache :D
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MAC
March 28th, 2004, 04:05 PM
Goin ok Indy-bud! Travelin lots! Did a shoot! Looks like your site is doin really well now! Nice goin!
MAC
MAC
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alifarhan123
08-27 03:20 PM
I got the 2 yr EAD as well, but don't know what the use of having it without I140 approval.
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swarnapuri
07-09 09:04 AM
There is a reason FOX interviewed this fucker... I'm not a big fan of FOX news; another set of conservative idiots.
Do not use inappropriate words.
Do not use inappropriate words.
more...
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qualified_trash
07-07 01:09 PM
Investing in a company -> Yes (shareholder)
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
Own a company -> No
On H1b, you are not even supposed to make money via Google Adsense. Even if the money is diverted to your home country you have to quote these earnings on your taxes. H1b visa holder has to quote his/her worldwide income and its unclear if your income in your home country is taxed here be it Adsense income or a business.
No wonder many entrepreneurial ideas either die or are taking roots in Korea, India or China!
This has been my research on the internet and is not from a legal advisor.
Could you tell me what the difference is between owning a company and being a shareholder? :-))
Jokes apart, you can definitely own a company on an H1. You CANNOT work for it unless you file a H1 for yourself through your own company.
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centrum
06-05 03:09 AM
I'm not sure if this is the right place to post this thread but I could not find anywhere else to post it on this website.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
I filed for my initial H-1B document and the H-1B adjustment document (from full time to part time) with an immigration lawyer last year. The two processes went relatively smooth. Thinking that this lawyer was someone I could trust, I also started the PERM process with her and had my company pay half of the PERM lawyer fee up front and signed whatever paper that I was required to sign.
After she was paid, I noticed that her replies to my emails were slower and some were even neglected. I'm extremely frustrated with her change of behavior as the immigration process is really important to me as it is to every immigrant. I tried emailing her again about 3 days ago with some questions, and she neglected it again. I tried to be as understanding as possible, but I personally think this is ridiculous and I'm getting very upset. She is the only person that works at the office and she has no paralegals or office staff. So I always have to talk to her directly for everything.
Today, I actually emailed her with another email account pretending I'm someone else interested in the H-1B process, and I received a reply from her within 40 minutes. So I know she's neglecting my emails on purpose. I'm not sure if she just doesn't take care of her "paid" clients or she just has something personal against me for whatever reason. (I was always respectful to her in every way so I don't believe it's something I did)
Since I signed the paper which states that I have to pay for a large termination fee if I were to request termination of contract for whatever reason, I can't just hire a new lawyer either. What would be a good approach to resolve this situation? I thought about talking to her directly face-to-face and let her know how upset I'm about her change of behavior (which she may charge me for her time) but I don't want her to screw with my immigration documents at the same time.
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pooja_34
01-15 07:07 AM
I e-filed my AP application on Dec 29 at TSC and got the approval email yesterday ... Got approved in 2 weeks.
hoolahoous
07-17 12:46 AM
she would loose the 'processing date' queue..
lazycis
01-15 11:04 AM
See also
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
http://pubweb.fdbl.com/news1.nsf/d3d98eadd391e98486256aa90014645f/c93cb749b8d8eb65852569bd00730824?OpenDocument
On December 20, 2000, the Department of Labor (DOL) published interim finalregulations pertaining to H-1B Labor Condition Applications (LCAs) and implementing the American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) (65 Fed Reg. 80109-80208). The lengthy rule, titled "Labor Condition Applications and Requirements for Employers Using Nonimmigrants on H-1B Visas in Specialty Occupations and as Fashion Models; Labor Certification Process for Permanent Employment of Aliens in the United States," generally will take effect January 19, 2001
The rule further clarifies that, in some cases, it is a violation of the wage obligations if an H-1B worker is required to reimburse or pay for attorney fees or other costs associated with the preparation and filing of the H-1B petition. Such payments are allowed only if the H-1Bs wage rate less these payments is greater than the required wage rate as listed on the LCA. If such payments would cause the H-1B's wages to fall below the required rate, they are prohibited. An H-1B may, however, be required to pay for certain costs, not considered the employer's expense, in connection with obtaining the H-1B visa. These include translation and visa fees.
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