eb3_nepa
11-06 04:30 PM
Here is the link with the clarification released on Jun 6th By Michael Aytes, Astt Director of USCIS regarding Non Cap h1B's
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.
I was wondering if I could use the Heallth care angle for the H1b Non Cap
http://149.101.23.2/graphics/lawsregs/handbook/AC21C060606.pdf
These roles qualify for non cap H1B's
* Renewals of existing H1b's
* If are working for a not for profit institution
* If you are working for a institute of higher education ( as defined by the US education act of 1964, institutes like 2 yr and 4 year colleges and some high schools which have teacher education programs with schools of education in these colleges) or a government research institution or a company associated with the above institutions where the primary objective of the company is to supplement the mission of the institutions, example would be a company providing research assistants to a reseach medical hospital. In this case the company is not cap exempt but the job involves the institution that is cap exempt.
What kind of institution will your wife be a financial analyst in?
I am not an attorney, pls consult an attorney regarding your specific case. Hope this information helps.
My Wife, if everything works out, will be working in a Finance related field for a Health Care related service providing financial services to many many hospitals.
I was wondering if I could use the Heallth care angle for the H1b Non Cap
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bbenhill
11-16 12:52 PM
I believe u can apply ur own H4. because u have the H1 approval from ur spouse. just download form from uscis website. there is complete instruction over there.
Thx
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
Thx
you have to options -
1. your employer files change of status H1 to H4 (form I-539)
2. you go out of country and come back on previously stamped H4. you need not to apply H4 again as long as previous H4 is valid. remember - if you decide to work in future, your employer has to file change of status application from H4 to H1 again.
please double check before you make any decision.
peer123
04-03 08:00 PM
I am sorry m friend, I can understand, if I can console you in any way, I lost couple of offers like this already, I have confirmed with my potential employer he seem to understand the process about EAD and said it should just work fine.
hopefully it will work out...
hopefully it will work out...
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GCAmigo
07-23 04:41 PM
My PERM was filed last November & Audit was replied in Feb'08.. still no no news..
more...
aachoo
02-20 06:54 PM
How about the opposite problem. The LC wages are lower that what I am being paid. the LC reflects what I was being paid at the time it was filed. not sure if the lawyer screwed up. Right now, I am doing a similar job (non-IT, non-technical), but with wider responsibility and earning ~ 40% more. What now??
-a
-a
chris
12-30 10:08 PM
How did you find out , that files are assigned to I/O
I got a letter from Congressman's office.
I got a letter from Congressman's office.
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lvaka
05-19 01:19 PM
Dear Desertfox: Can you please advice me on the below 2 questions while efile (756 - EAD)
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
1. Q 14 - Manner of Last Entry into the U.S.:
(Visitor, Student, etc.) - Which option has to select from List of Values. ( DA: ADVANCE PAROLE (DISTRICT AUTH)?.
2. What do I mention for this : For (c)(9) eligibility status only
Please select the location where your
I-485 is pending:
Please provide information concerning your eligibility status:
Thanks,
Hi,
1. I was been advised by my Lawyer to pick "PAR -Parolee" if we have used our AP. But if we have last entered using H1 B then we have to pick "H1 B"
2. We have to provide the following in this field
485 receipt number - xxxxxxx
140 receipt number - xxxxxxx (This is optional)
I would put the first line with the 485 receipt number
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inetuser
10-24 05:51 PM
Lets start new threads.....
1. ordered
2. approved
3. ordered and approved but not yet received
4. ordered, approved and received
is there anyone on the boat or "ordered and not approved" then we will consider new thread for that also :D
1. ordered
2. approved
3. ordered and approved but not yet received
4. ordered, approved and received
is there anyone on the boat or "ordered and not approved" then we will consider new thread for that also :D
more...
add78
06-11 08:56 AM
This is a first step in the full reinstatement of PP for 140. As USCIS has said before, due to the immense backlog they cannot adjudicate all 140 PPs in the 15-day window but they are in need of the extra $1500 that PP fetches them. This will enable them to get a little more $$ for a relatively smaller 140 cases upgraded to PP which they could adjudicate in 15 days. It also alleviates the stranded folks who could not extend H-1 if Perm was <365 and 140 pending. Let us see in time (a few months at least) how much backlog is cleared as USCIS diverts more resources to 140 cases.
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sixburgh
08-13 06:05 PM
I saw some information somewhere, but don't have the link right away to post here.
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
But here is the crux of it.
Basically the guy said that : assuming that the wife is working on EAD, and the moment she gets an H4 extension approval, she automatically comes on H4 status, but the very next day if she goes back to work on EAD, the H4 status gets invalidated and person comes on AOS status instantly.
Now should she force the company to update the I-9 on that date, is the question.
The bottom line I think is : there is nothing called as a STATUS field in any USCIS or DOS computer system. Its what you do that determines your status. I believe USCIS allows dual intent.
Does anyone think that I am wrong?
more...
seaken75
09-26 12:16 PM
I also filed with NSC and just finished my FP yesterday. I am still waiting for my EAD and AP. Does your I-140 needs to be approved first before you get your EAD and AP?
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terpcurt
January 6th, 2005, 09:00 PM
of the technique....
on the back layer, use gaussian blur, then erase, getting a sharper than background coloured bit.
add some saturation....
whadddya think?
Robhttp://images8.fotki.com/v146/photos/1/173093/1080432/2flower-vi.jpg
I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
on the back layer, use gaussian blur, then erase, getting a sharper than background coloured bit.
add some saturation....
whadddya think?
Robhttp://images8.fotki.com/v146/photos/1/173093/1080432/2flower-vi.jpg
I see what your getting at...... yep... I do like that too.... still have a lot to learn :D
more...
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vybe3142
07-24 10:52 PM
Good news is that I'm working again. While I was out of a job, I converted from H1 to EAD under my previous employer (consultancy).
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
Now, I've finally found a job although this is a full time opportunity. I'm going to be using my EAD / AC21 .
Question: Since I'm no longer working for my previous employer, they are going to be revoking my I140 next month. I believe this is not a problem since my case has been pending for more than 180 days so that's a good thing.. What I do want to know is whether my status is in any jeopardy since I haven't generated any income for about 3 months?
Thanks for any replies. I really need to find out the answer to this. A lot of forum info suggests that I'm ok but I'd very much like to hear any / all viewpoints on this issue.
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tabletpc
01-11 09:29 AM
Guys please help me with below questions.
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
Q1:I have switched from H-4 to H-1 starting from Oct 1st, 2007. However, I have not started working yet. Does this invalidate my h-1?
Nope..!!! Unless the employer revoke the H1b it won't be invalidated.
Q2: I am travelling to India very soon and planning to come back using AP obtained thru my husband's GC process. Will there be any problem. What should I tell at port of entry, if they ask about my approved H-1 but not worked on H-1?
Unless you come under the payroll of your H1b employer , POE people won't get to know. If att they ask, just be ready with a good reason.Q3. Do I need to cancel my H-1 before I ago since I am not going for H-1 stamping and also planning to work on EAD once I come back?
[B]Just plan your visit forgetting the fact that you ahve approved H1b. For all purpose you are on h4.
B]
I appreciate your advice
Have a nice trip..!!!
more...
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ita
10-26 10:28 AM
Hi ,
Cna someone give me the customer Servcie #s to call For TSC
Are they by service center?
Wat is Second Level Support and what is the # to call them?
Cna someone give me the customer Servcie #s to call For TSC
Are they by service center?
Wat is Second Level Support and what is the # to call them?
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desi3933
03-03 10:48 AM
Quick question -- Can PD be transferred from EB category to FB category? In other words - can a person having approved I-140 under EB category take that PD to a family based Green Card? Thanks in advance.
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
No.
Refer to 8 CFR 204.5(e) Retention of section 203(b) (1), (2), or (3) priority date.
http://edocket.access.gpo.gov/cfr_2003/pdf/8cfr204.5.pdf
more...
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vinabath
03-26 11:09 AM
0%
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snowcatcher
05-22 08:12 AM
This is the actual study that was referred to in this article. It seems like they just posted it? It's timing is perfect. Looks like we are going to be lucky. Let's hope so.
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf
http://www.nfap.com/researchactivities/studies/NFAPStudyLegalImmigrantsWaitingForever052206.pdf
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senk1s
07-16 11:30 AM
The answer to gcbuddy's question is straight forward - no need to notify uscis
Just to clarify/ confuse:
Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
I've not seen any clear reference to this by USCIS
H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
H1 allows to work only with the sponsoring employer
EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)
Just to clarify/ confuse:
Maintaining H1-EAD / H4-EAD simultaneously looks like it is subject to atleast 2 interpretations, depending on the attorney.
I've not seen any clear reference to this by USCIS
H1/ H4/ AP (when approved and valid, stamped) all allow to travel/ (re)entry
H1 allows to work only with the sponsoring employer
EAD allows to work for any employer without restriction (C9 classification is a fringe benefit as a result of filing 485)
VDaminator
06-06 04:15 PM
Aright here is my volley
desi3933
06-18 12:26 PM
can you guys suggest how to proceed with my cases... where i am totally screwed up.
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.
----------------------------------
Permanent Resident since May 2002
When I started to work in usa I was working for an employer in NJ after an year I got a better job offer and started to work for another employer(for whom I have been working for last 2 years).
Last Month I applied for my I140 with current employer work experience letter and co-worker letter (of my ex-employer in NJ). Now that I have an RFE for my I140 requesting me to send employer experience letter of my ex-employer. When I called up my ex-employer he was rude to me and firmly denied to provide any letter and hanged up the phone. Due to this RFE I am not able to proceed with my I485. Please let me know how to proceed...Thanking you all in advance.
Please consider asking your lawyer/attorney to send format request for Employment Verification (include job title, Duration, Salary and Skill set) by certified mail and a copy of the request be e-mail.
----------------------------------
Permanent Resident since May 2002
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