chanduv23
03-14 08:44 PM
This is more pertinent to Physicians - I heard that following residency or J1 expiration one has to return to home country for 5 yrs. I have the following questions
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
- What are the options for Fellowships and how do they weigh against the fellowship options for H1 holders ?
- How difficult is it to obtain J1 waivers ?
- Is the new J1 conrad law beneficial ?
- Can someone share their success story of converting J1 to another visa, Thanks all
A lot of people do get waiver jobs and convert to H1b. But the job locations will not be in cities and will be in remote areas, I am not sure how they do it but there seems to be a network through which all this happens. I have heard that the waiver process is very expensive and lawyers charge a hefty sum. If I get some info, I will pass it on to you.
I was under the impression that the home residency requirement for J1 is 2 years and not 5 years. Please check with that too.
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javadeveloper
08-14 02:38 PM
I worked for my employer at this vendor. At the time, my employer agreed on paper to give me a specified amount but only after the vendor pays. Vendor has been giving him troubles as regards my pay, so my employer made me wait frustratingly for months to give me pay. Just recently only after much trouble he released part of the amount. But now he learnt that he might have to go to court about the vendor. As a result, now he is denying me MY remaining pay!! I already waited for 4 months now, and can NOT take this strain anymore. My friends advised me to take this issue to Court or DOL. But my employer threatens that I will have no case.
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Fill this form http://www.dol.gov/esa/whd/forms/wh-4.pdf
and submit at local DOL office
Is that so?? Am I really required to wait like this months/years long if it takes that long for my employer to settle his matter with vendor?? Can an employer actually follow these kind of practice? Please provide your experienced advises.
Also kindly let me know how can I proceed if I want to file a DOL complaint?
Fill this form http://www.dol.gov/esa/whd/forms/wh-4.pdf
and submit at local DOL office
pd052009
09-13 02:29 PM
1.Once the I-140 is approved, the PD is associated with you. If your new employer files new PERM and I-140, you can port your PD(no matter what your employer does with ur I-140).
2. If you port PD to same EB category, you won't save any time. Time saving mostly depend on EB category.
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
2. If you port PD to same EB category, you won't save any time. Time saving mostly depend on EB category.
Hi,
I am on Eb-2+PERM and get my PERM and wait for I-140 to be approved (by premium processing). I have 2 questions:
1-If I my I-140 is approved but even though the PD (or visa number) is not available. If I left to a new employer can I port my PD when they then become available or if my employer revoke my I-140 I will also lose the chance or porting the PD to my new GC application (PERM + I-140) with the new employer?
2- How much time I could save by porting my PD? does it depend on country of origin?
Thanks.
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pd_recapturing
08-14 05:51 PM
Hi, I recently filed my I-485 using my pre-approved Eb3 I-140 (PD:May 2004). Around a month back, I applied a new EB2 I140 and that got approved today so I have ported my PDs to this new EB2 I-140. Now, I am planning to file an amendment to replace the EB3 I-140 with EB2 I-140 attached with my I-485. Some people call this process as interfiling too. Can somebody please let me know if he/she has done it before and how long does it take to get affected?
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piyu7444
04-28 03:32 AM
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)
I m joining new company by changing H1.
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.
There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)
It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.
You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.
I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.
Hope this helps...........
- with H1 transfer or after or is it not required legally?
u can use AC21 in 2 ways.
one -change employer with ur H1b
two -change employer with EAD if you have one.
EAD is not necessary for AC21. EAD is a way not to transfer H1b and change employer,but you will need to renew this every year, EAD is temp green card while on H1 status.
If you pass 180 days after 485 filing , it will remain valid if your 140 is approved and is not revoked before 180 days from 485 filing.
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
I dont think there is such a thing.
-What are the docs to be collected from old employer?
-Can I retail same lawyer for GC while H1 is taken care by new company lawyer?
Dont know, Keep all 140 receipts/notices, 485 receipt notices, consult a lawyer( it will cost 100$ a 30 min session or so)
I m joining new company by changing H1.
Too many questions too little input to take decission. Please provide your expertise advice.
-When do I have to raise Ac21?
- with H1 transfer or after or is it not required legally?
- Is it safe to transfer H1 (after 180days) without AC21?
- How will it affect my 485?
-What are the docs to be collected from old employer?
-Can I retain same lawyer for GC while H1 is taken care by new company lawyer?
Guys - I m running out of time and got to respond to new company soon.
Please provide your inputs.
-Gc04
July 07 filer
Chicago state Chapter
Raising AC21 is your choice, you can raise it as you change a job (either on h1b or EAD) or else you dont tell USCIS about the change until they issue you a RFE. To add to the else part-suppose you do not raise AC21 while changing a job.....USCIS might just issue you your GC without a RFE.
There is no legal requirement to notify USCIS via AC21 about job change. (I am assuming you are changing the job after 180 days)
It is safe to tranfer h1b after 180 days. The only affect on 485 I see is a RFE while USCIS adjudicates your case and would want to know your current employer/job/job description.
You should always keep a copy of LC / I 140 and 485 and you can find a new attny. while h1b is being processed by your new co.
I had my h1b+LC+140 filed by one lawyer (co. lawyer) and then I had my own attny. to file 485/EAD/AP and it just works fine as long as you have all the documents with you from your employer.
Hope this helps...........
vidhyajagi
08-16 03:17 PM
You can still continue to work with current employer even you get another I-797 approved. But the Consulting company filed on behalf of you need to withdraw the petition. According to my knowledge the fee is non-refundable and attorney fees - (my attorney charge only after petition is approved)...So you have'nt paid attorney fees you can ask for discount.
Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.
Also the New approved petition will be valid only you join the consulting company and after you receive first month paycheck. So you are fine to continue with current employer. Once you filed for your AOS and get EAD you may switch to EAD anytime or after 2years once your current H1-B expires.
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SunnySurya
08-21 02:31 PM
Just frustation my dear freind, just frustation, got any ideas about the Indian Job market?
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
Dude, what is your hidden agenda?. If you do not have any, then you got to make up your mind, you seem to get different thoughts every day. First was the lawsuit, second was a different lawsuit, now you say that something else suits you�
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godbless
07-18 09:08 PM
Thanks for great services..
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
My situation is as under : " My case is in removal proceedings for violating H1b status for 3 months due to laid off situation, i am working on H1b now and my labor is approved and I-140 is pending, now my priority date is become current for I-485 filing", now who will adjudicate my case, INS or EOIR court, where will i file my I-485.
will court close my removal proceedings based on PD current..
i will really really apprecate your help.
As yours is a really serious matter. You should take the advice of some attorney in fact as time available to know about the whole thing and then applying for I 485, in case, is very less.
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gcformeornot
12-31 01:23 PM
vote
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immig4me
04-29 08:32 AM
we r coming to a full circle here..... over 90% americans also supported & practiced slavery back in 1786...... the declaration of independence was agreed by all americans and it said - "We hold these truths to be self-evident, that all men are created equal.... but over 90% americans supported slavery which wasthe biggest mockery of what everyone believed..... it just proves that just becoz majority of the people support something doesn't make it right or doesn't make it just.... in the end this nation had to go in for a civil war between the north & the south to end slavery.....
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
Totally true....agree with every point you make
Go Utah! ... Go Texas !
Yes, Arizona, Texas and Utah get ready for the backlash and a host of lawsuits!!!!!!!!!!!
fast forward.... the current immigration debate is no different...... this country ought to have learned from the experience of the civil war..... for all the men, women and children who died in the civil war.... this country & this world provides for abundance of resources for everyone..... we can all cohabit this planet and live happily.... some people just don't want too..... the real question is...... will these facist forces stop with the undocumented or will they next try to squash another group who don't look like them..... my guess is that after they take care of the undocumented..... we r next.... its the generation old question that was asked during 2nd world war.... will the nazi forces of hitler stop within europe or will they next attack the US or soviet etc.... we all know the answer to that question.... and hence the 2nd world war.... the debate for the undocumented is of the same kind.... do we stop the negative fascist forces right here or will they be allowed to expand their wings.... i know the final outcome..... its just a matter of time.....
now u can throw out all the bull arguing that these are "illegal" people or they crossed the border etc.... these r the same sort of arguments presented for slavery or for mistreating women or immigrant groups, who were treated as slaves back then.... these negative fascist forces said the exact same things against abolishing slavery or giving equal rights to women, african americans and different immigrant groups..... u may think u are on the right side of this debate but u have no freaking clue that above human law there is another law... and that greater law supersedes every other human law.... every action in contradiction to the greater law will eventually lose.... wait & watch.... its just a matter of time....
Totally true....agree with every point you make
Go Utah! ... Go Texas !
Yes, Arizona, Texas and Utah get ready for the backlash and a host of lawsuits!!!!!!!!!!!
more...
dvnagesh
12-05 05:01 PM
Congratulations !! Thanks for sharing the info on the forum and for offering your help...
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dealsnet
03-28 02:30 PM
This is a good move from IV.:D
With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.
IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.
Great job, IV team, in providing such a useful tool for the benefit of our community.
With the launching of IV Tracker tool for it's registered members, IV has taken the right step in becoming the one-stop portal for all issues related to EB immigration.
IV Tracker - http://immigrationvoice.org/index.php?option=com_tracker&Itemid=63
Hopefully, it will limit the current practice of opening tracker threads to track the progress in processing dates etc. I also hope the tool gets extended in the future to support other features such as PIMS verification and annual EAD renewals too.
Great job, IV team, in providing such a useful tool for the benefit of our community.
more...
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mohitb272
12-11 02:41 PM
hi mohit, my case is just the opposite, i joined as a Senior programmer, and my LC is filed as senior programmer and now I want to take up a job as a Business Analyst, not sure whether I can do it. See my case details in the signature. Thanks.
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
Hi there
I am asking the same question. I too want to take a job as a BA since that role is what I currently have for the last 4 yrs.
Are there any other ways to make this possible?
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Dhundhun
11-24 05:13 AM
Nihar, let me understand your problem and explain you, what might be happening?
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
#1. You are doing MBA
#2. In Apr 2007, you applied for H1B through some consultant. There was oversubscription and so lottery was there. Through lottery, you got selected - but this is not H1B approval.
#3. Meanwhile your consultant (or you) got RFE, to which you replied in Aug.
#4. H1B is usually approved in Oct/Nov. You have still not in hand but you see it aapproved on USCIS site.
#5. This period is dual status, you are on OPT and H1B is approved. If you have both OPT and H1B, you continue as OPT for taxation purpose this year. Consultant will not be deducting social security.
#6. If you are on dual status, your H1B will start from Jan 2008.
#7. But if your OPT is already expired, you can only work through consultant after getting H1B papers. You remain in USA waiting for H1B to become available.
#8. If you have not requested for OPT, you are neither on OPT nor on H1B. You are just on F1 Visa. After completing MBA, if H1B is refused, you will become out of status. OPT has to be applied 3 months before the end of session.
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gc28262
03-06 05:06 PM
Back in the old days when there weren't as many IV members, people thought twice before giving a red dot to anyone. Now it has become kind of a fashion. You can get a red dot for asking questions someone thinks has already been asked or for asking simple questions which someone thinks that you should know or if you doesn't agree with someone's viewpoint etc etc. You might get a red dot if someone doesn't like your handle :D
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
Admins/Core members,
Please take necessary steps to discourage this red-dot festival !
After someone presented a data of how many visas were allocated to India in past five years, I made a comment that India has in fact gotten far more visas than the allowed 7% in past few years. That was just an observation from the data presented yet I ended up with about 200 disapprovals and 2 red dots. I didn't say that India shouldn't have gotten those visas or if it was fair/unfair to anyone else but lot of people just hated the comment.
It just shows how intolerant IVians have become to other people's point of view. I am sure I'll get a red dot for this too :D
I guess there are some anti-immigrants on the forum who is determined to discourage members by giving red dots. I see too many people receiving red dots for no reason now a days.
Solution. just ignore them.
Admins/Core members,
Please take necessary steps to discourage this red-dot festival !
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milind70
08-28 11:49 AM
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=6611023531&r=6611023531#6611023531
Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041
Attorney_13
Attorney posted December 02, 2006 10:55 AM
--------------------------------------------------------------------------------
The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
Both these are PERM cases not traditional labor.
Attorney_8
posted August 11, 2006 11:29 AM
--------------------------------------------------------------------------------
The employee must sign the 9089 once it is approved in order to get the I-140 approved.
http://murthyforum.atinfopop.com/4/OpenTopic?a=tpc&s=1024039761&f=2994050912&m=7431057041&r=7431057041#7431057041
Attorney_13
Attorney posted December 02, 2006 10:55 AM
--------------------------------------------------------------------------------
The Beneficiary of the LC is required to sign the original, certified LC. There are no other documents that the Beneficiary will need to sign associated with the filing of the I-140. All other forms/letters are signed by the company.
Both these are PERM cases not traditional labor.
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reddy_h
08-01 03:30 PM
Dont worry. You should be fine. Even if they reject, you can open MTR. Good Luck!
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gcformeornot
12-31 12:39 PM
Friends,
We applied for 485 on July23rd. Still no FP notices have received. Lawyer says waiting is only option...
Please vote on your FP Notices status......
We applied for 485 on July23rd. Still no FP notices have received. Lawyer says waiting is only option...
Please vote on your FP Notices status......
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gjoe
08-21 02:35 PM
Here you go. Are you one of the air signs ? :D
If your answer is yes I will guess you sign
If your answer is yes I will guess you sign
mannan74
08-27 06:01 PM
The answer is right there for you
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
So not sure what your question is?
"Applicants applying for a different category visa (e.g. had a student visa, now applying for a work visa)."
So not sure what your question is?
simplistik
03-07 08:42 AM
I was the first to show my site, then paddy, then dark and then fern so i really dont see any influence may it be progressive or negative...Hmmm.... I thought paddy was first. Regaurdless that's just my opinion... I mean techincally you were all influenced by the sony site :P. But end dates on things like these types of compitetions are important, what you do is you give a specified time to have them linked up. Give somethin like a 6ish hr gap to have them up or post the link... then close it if they aren't up.
Anywho... gj guys... but I shall not say who I voted for :krazy: don't go tellin on me you silly Mods you. :p:
Anywho... gj guys... but I shall not say who I voted for :krazy: don't go tellin on me you silly Mods you. :p:
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