Turtle Tattoo Designs

Looks like we are the only three so far..

One interseting thing you mentioned about your current employer "which is paying me half of what I should be earning as a GC holder".

Not paying the prevailing wage that the employer promised in the GC application....I don't know if you can use that to move and show that you wanted to work but the employer was not paying the prevailing wage and you had no option but to leave? I am sure that this is illegal on part of the employer...make sure you keep your paystubs to show this. But consult an attorney to see what he/she thinks.

Because Company C and A have different FED TAX ID. so they are considered as different business......

I didn't raise any question beacuse both the company was ran under the same roof.

During the PERM the company C was not mentioned in the form. But was under H1b in that time for company C. After getting the PERM approval from Company A. I move my h1b from company C to company A. But I have something written from Company C that although i was employed by company C, but my payroll was being processed by Company A.

Pelase response



If Company A and C are related business entities, why H1-B transfer was needed from C to A.

>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?

Did you put this information in Employment History for I-485? What was your last entry into USA?

_______________________
Not a legal advice.
US Citizen of Indian Origin

Can I interfile even if PD is unavailable?

you'll see your private message (PM) on the top right side of your screen. Just click on that. :)

GCOrNoGC - what do u mean by PM's..? I have not recd. anything from u.!

Hi,
How can we findout whether we got soft luds or not?

Hi,

I just came back from India with my wife and daughter. I am also on H1B extension. Got my EAD, AP few months back. Please see below reply to your questions..

I am July 2 filer and have EAD card for myself and mywife. We are planning to go to INDIA for 30 days. I have H1B extended until 2010 but H1B STAMP is expired in passport. I have following questions:

1. Should I apply for AP for both of us? Yes you should - makes life easier while travelling outside
2. If we have AP documents for both of us, Do we need to have NEW H1B STAMP in passport? NO - You can travel anywhere using AP. Also you can still continue working on H1B until and unless you take a new job using EAD.
3. When you aboard in flight from INDIA, do they question for expired H1B VISA stamp in the passport? What document we need to show them at that time? Tell them you are traveling on AP as you are adjusting your status. They will just see your AP. Thats it. While entering in US, tell immigration officer that you are traveling on AP - he will check you passport and AP and then you will be escorted to a room where your AP will be stamped and will return once stamped. Then your are all set. They will let you come in. They might ask one or two casual questions like how many days your were in India, what was the purpose of travel etc..(giving example of India as I am from India) - nothing more than that..
Your help is greatly appericated.

Thank you.

.....
Both the company C and company A was owned by one person. So even i was working with the company C, my payroll was under Company A. Right after I received my labor certificate from Company A, my lawyer suggested my transfer my H1b from Company C to company A. Then i received my h1b approval for company A in Jan 2007 to October 2008.

.........

EB3 (ROW)..PD May 2006

If Company A and C are related business entities, why H1-B transfer was needed from C to A.

>> So even i was working with the company C, my payroll was under Company A.
When you were getting paycheck from A, did you raise this issue?

Did you put this information in Employment History for I-485? What was your last entry into USA?

_______________________
Not a legal advice.
US Citizen of Indian Origin

If you are on H1B visa and hoping for a green card, get ready to walk to work.

A lot of people do not know that certain states like Pennsylvania will not issue a driver's licence if your H1B is about to expire in less than one year.
This is not the case in all states, but on inquiring, I learned that most states are going towards this as part of their move to make drivers licenses unavailable to illegals http://www.washingtonpost.com/wp-dyn/articles/A45651-2004Sep23.html

If you are on H1B visa and applying for a green card, as described in this post (http://immigrationvoice.org/forum/showthread.php?t=74), you WILL end up in your sixth year of H1 visa if the current situation does not improve. Then you will be able to extend your visa only ONE year at a time. Which means if you end up in a state like PA, you will have to walk to work or use public transport (if your city has public transport).

But by then many would be married/with kids. In that case, they have to make sure their kids can walk to their school too!
And do not forget the grocery store.....make sure its nearby...
The list is endless.

And just because you are not from PA, do not rejoice. What if your company relocates or gets bought over by another firm and you move to a state which enforces such rules?

And though this is applicable to a certain states right now, it will come to YOUR state very soon....I know a person in PA who is going through this now and I'm sure no one wants to be in his shoes!

<Sarcasm>So why not have a proposal to modify the H1B application form and add a question

Are you aware that your permission to drive a vehicle in USA on H1B visa is valid only for five years? along with the other questions that we already have like 'have you ever been convicted/felon' etc?
</Sarcasm>

Join, volunteer and contribute to ImmigrationVoice. This is your only chance to do something about retrogression while its possible. If we miss the boat this time, be ready to walk to work....

Read this on recent news letter ...

MurthyDotCom : I-485 Approvals Possible - Impact on Spouse / Children (http://www.murthy.com/news/n_spochi.html)

seems same as your case ... you spouse needs to be back into US and filled AOS application before you AOS is approved and you loose your Non-immigrant status ... this is a bit tricky situation - specially to time everything so that no one loose the window of opportunity ... so would suggest you to plan accordingly ...



Hi,
Note: I have already posted this on the "Ask an attorney" forum, but I would also like some input from the experts here.
Thanks.

Onto the issue:
My wife(on H4, no 485 filed) is going to be out of the US for the next couple of months and I need to know the effect of my 485 PD becoming current (and approved) during this time. The following are the details of the situation.

My 485 is pending with a PD of Dec 06 and I am on an H1B visa. The 485 was filed before I got married, so my wife is currently on an H4 and has not been able to file her I485. She will be traveling outside the US for the next couple of months. From the visa bulletins I have been seeing over the last couple of months, it looks like there is a slim chance that my PD will be current.

One of the options as I understand is that she could travel back as soon as the PD's are announced and if we know that the PD will be current in the next month. At this point she could file her I485.

My question is about what the options are if she is unable to make it back to the US in time. i.e. she is outside the US and my I485 is approved which means she cannot travel back on the H4 (as its not valid). What are the timelines we will have to deal with if she has to stay outside the US to have her I485 equivalent filed through a consulate? Is there anyway she can travel to the US once my 485 is approved?

Thanks.

How many of you support this idea ?

Rally in DC in the morning and Fasting till 5PM in front of the capitol.

Why are we talking about rally all of a sudden?

eb3,

with all due respect, I really doubt if this is the bet way to get people to donate. Calling people cheap is not a nice thing and generally not recommended.

I know your intentions are good and ...

Granted, its nto the best way. Now, can you suggest a way pls ? What is generally recommended ?
Can you pls help 'convince' people to contribute...

We had out fingerprinting done 3 weeks back.

Hi sreedhar,
I am a July 2nd filer, after a long long wait, finally got my checks cleared on Oct 11, 2007, my lawyer received the I-765 and FP notices on 10/19, but not the I-485 receipt. Receipt date is 8/14, different A#s, Not able to check status online. Seems I am the lucky one got experience of all kinds of problems that July 2nd filer encountered.
Most importantly, without the physical I-485 receipt, I am not able to apply for AP... I am very worry about if the I-485 receipt was lost in mail.

Hi,

Take the fp notice addressed to u which u got by mail.Lawyer's copy will have his address on it.Lawyer's copy is only an alternative if u do not recieve ur fp notice.When u have the original,u take urs !Cool!

Goodluck,
vaishu

Got this from the Chennai US consulate website.
I apologise if this info is old - i had never heard of the US consulate issueing "B1 in lieu of H1" visa.

B-1 in Lieu of H
Any person holding a B1 or B1/B2 visa may be eligible to perform H-1B work in the United States as long as they fulfill the following criteria:

Hold the equivalent of a U.S. bachelor�s degree
Plan to perform H-1B-caliber work or training
Will be paid only by their foreign employer, except reimbursement of incidental travel costs such as housing and per diem. The employee must not receive any salary from a U.S. source.
The task can be accomplished in a short period of time.
These travelers would be admitted as B1 visitors, and may only stay in the U.S. for the time allotted by the Department of Homeland Security upon entry.

Like any other B1/B2 applicant, travelers must still show strong professional, familial and financial or other ties, which indicate a strong inducement to return to the country of origin or another country other than the United States.

Consulate General Chennai is prepared to issue B1/B2 visas to qualified applicants for this purpose. These visas may also be used for tourism. Current holders of B1/B2 visas may already use this provision without seeking another visa.

When seeking a visa for this purpose, please clearly explain this in the applicant�s BEP cover letter.

If the applicant and employer so chooses, they may also apply for a more limited B1 visa with the annotation �B-1 in lieu of H.� These visas may not be used for pleasure travel.

The Customs and Border Patrol agents at Ports of Entry are aware of this provision. If asked at the border, applicants are advised to explain completely their purpose of travel and that they will not be paid from sources based in the United States. Travelers are encouraged to carry a letter from their host company and Indian employer listing the traveler�s duties, length of stay and remuneration plans.

Thanks a lot for your reply. Quoting the site further here:

<QUOTE>
What is the A# and the Alien Registration Number? Are they the same thing?

Yes, these are two terms for the same thing. The A# is a case number that USCIS assigns to certain people, and then (usually, for exceptions see below) stays with you for the rest of your life, much like a Social Security Number. Most people get their A# when they apply for adjustment of status. It is also assigned if you apply for an employment authorization document (such as an F-1 OPT), a V visa, find yourself in deportation proceedings, and in a number of other situations.
</quoting>

But I guess visa number is a different thing from an A#. Thanks again for your reply

That is not true. It CAN count... according to PERM guidelines (from murthy.com):

"On-the-job experience with same employer is allowed for positions that are not "substantially comparable," meaning more then 50%, different from the original employment position."

So if you are a Software Engineer and get promoted to Sr. Software Engineer or Product Manager then as long as you can prove that your job duties are 50%+ different than the old position, you can use that experience provided it helps you meet job requirements for the senior level position.

Also see this:

http://www.simmonsungar.com/rirchecklist.html

"Experience Gained on the Job

PERM did not eliminate the ability of the foreign national beneficiary of the labor certification to qualify using experience gained with the same employer as long as the prior job was not �substantially comparable� to the labor certification position. A job will be considered �substantially comparable� if it �requires performance of the same job duties more than 50 percent of the time.�

Apparently, experience gained with an overseas parent company, U.S. affiliate, or predecessor company will not be considered experience gained with the same employer. This is based on the definition of �employer� as an entity with a particular Federal Employer Identification Number (FEIN). This means that experience gained with an overseas parent, affiliate, etc. may now be used to satisfy the experience component of a PERM labor certification application."


Interesting! Thanks for the correction

You or your wife's country of birth is important factor in whether you will save much time by being EB-2. If you are from China, your EB-2 priority date (PD) would be about 2.5 years ahead of the EB-3 date. However, since it could take 2 years to get a new PERM and I-140 approved, it wouldn't save much time. For India and other countries that are current, the difference might be worth it. Of course, your employer has to be willing to go through the work and expense of redoing PERM and the I-140, and must have an EB-2 position available for you.

Thank you to everyone who responded to my questions. Very helpful!

I have submitted 3 affidavits and non-availability certificate, but NSC sent RFE asking for oldest evidence of birth
a. medical records with child and both parents name
b. hospital records with child and both parents name
c. census records with child and both parents name
d. school records with child and both parents name
e. religious records with child and both parents name for naming ceremony.

I do not have any of them, at the most the school record is 10th grade with only fathers name.
Any ideas?,. Lawyer says its OK, send whatever is available and write an explanation why any of the above can't be obtained.


--------------------------------
EB2- India/
PD: June 2004
RD; July 1 2007