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eb3_nepa
10-19 09:43 AM
So what is the rule? The salary should be exact or can it go up or down?
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desiin_va
06-13 09:35 AM
Check with a good attorney but as far i know, if you get paid by the for-profit consulting company (even if they place you at non-profit org), you will be subjected to H1B cap.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
If your H1B paperwork (i-765) is directly from a non-profit org (like Univ, Govt, etc), then only are you cap exempt.
Also remember, if you ever want to txfr from non-profit to for-profit, you will be again subjected to cap. This assumes you were never counted against the for-profit company cap in any fiscal year quota.
I concur, though your physical presence is at non-profit org you are being paid by the consulting company which is for-profit which means you come under H1B cap. I currently work for non-profit, used to work for a consulting comp. PM me if u need more info.
rajeevkaza
10-31 01:12 PM
where did you see these 30/45 days numbers? you can apply an H1 extension upto 180 days in advance of the expiry of your current H1 (basically 180 days before the new start-date)
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
Let me clarify you guys, 180 days advance to expiry is good, I am referring to applying in the last minute, ideally it should be atleast 30 days ahead of expiry date in order to avoid the complications.
Secondly I am referring to applying for H1B Extension AFTER Expiry date which is good for 45 days. Hope you got it now.
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glus
08-21 09:32 AM
I am happy for you. Good luck!!
G
G
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greenguru
01-31 10:34 AM
Hi,
Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.
You might not have the time to respond to all the posts, but if you could give your inputs that would be great.
Cheers
Yes, UnitedNations please join us. I know there are lot of people waiting for your serivces.
You might not have the time to respond to all the posts, but if you could give your inputs that would be great.
Cheers
nk2006
07-20 12:48 PM
From the website [url]2. There is also per country limit. (I don't know what is the exact % for per country - think 10 -20 %)
3. If you count 20 % then for India the figure per year is 28000.
Current per country limit is 7% (9800 for all EB categories).
3. If you count 20 % then for India the figure per year is 28000.
Current per country limit is 7% (9800 for all EB categories).
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snathan
08-18 05:10 PM
If your wife's I-94, which she have received at the time of entering to USA on dependent visa was valid till the date of the starting new the job, she should be fine even if she has not started working on H1 after approval. She has maintained the H4 status during that period as per I-94.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
My wife here on H4 and she go H1 but she started job after a while as employer delayed. But her status was valid. Even she told the same to the US counselor New Delhi and she got h1 stamping done. Gap of H1 approval effective date and employment was about 2 months.
If you would ask this question to any attorney, you may get same reply. But asking to attorney is advisable.
This is not the case always...Your wife might be lucky or the IO was kind person. Normally if you can not provide the pay stub in H1B you are out of status. Please read the definition of H1B and you will get clear picture about this.
Also if your wife received the I-94 after the H1B approval, she was in status. Because whichever was the latest I-94 - thats the valid one and in effect. So that might be the reason your wife didnt fave any issue.
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MYGCBY2010
11-09 10:39 AM
Do not worry about RFE on AP. I was and am in the same situation (NSC->CSC->TSC) . ND was Sep 19; got my EAD; RFE on AP (for me & flmy) & no FP. RFE was asking to submit all copies of I-94's ever issued to be, proof of relationship (birth , marriage cert). Yest , on the website saw that our AP was approved :D.
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...
For the FP notice, called them & managed to speak with an IO. She advised me to wait for 60 dyas after the 485 ND.
How did you respond to your RFE?.. Did you have copies of all of your I -94 ?.. Please let me know...
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eager_immi
05-30 01:42 PM
GC is not for you to apply it is based on the employer. Many employers wait to file in the 5th year so you do not leave the company. Also every time your job changes within the company (which is also not in your hand) your employer will re-file labor. So you could have been here like me for 9 years with a priority date on May 2005 and bc of change in job position it will become Dec 2007 and never get your green card.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
I understand if someone was stuck in BEC, we all got s****ed with that.
But why given that the H1B is only intended to be for a maximum of 6 years would anyone leave it until the last year to apply.
PERM has been around for a while now, and anyone approaching 6 years should have already filed PERM or be ready to leave after year 6.
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vikramy
09-21 03:41 PM
One of my friend got into same issue last week for his new license. He got a letter from DMV after a week, saying every thing is ok. I don't know whether problem is with DMV or USCIS, but they are not able to verify some information immediately.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
YOu should be receiving communication soon.
I went to PennDOT to renew my PA Driver license and they took all my pepers. Offcer informed me that he cannot get verification for my Immigration status so he can not renew my License.
They gave me a printed peper which says we will informed you by letter within 21 dyas.
Anyone has proble to renew Lic. in PA.
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talash
07-19 05:03 PM
Positive PPD just means u are exposed to TB is the past ans CXR confirms that u dont have active disease .Treatment in this case is only optional and patient has to decide if he or she wants to be treated for that .Only people with HIV of other immune def dieases must be treated for pos PPD.
they should not ask any further qquestions if CXR ws negative .
they should not ask any further qquestions if CXR ws negative .
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dval_dpal
12-27 02:21 PM
hello guys...
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
i'm about to spend 180k to open a business in month or so....am i eligible for this?
thank you for your inputs..
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logiclife
03-26 08:20 PM
Working off the books is illegal ofcourse.
Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.
Working without pay:
A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.
Because firstly, you are breaking the immigration law by working on H4. Also you are breaking the tax laws by working off the books, since you dont pay taxes and the employer doesnt pay the payroll tax. And no one pays the medicare and social security tax that is supposed to be paid.
Working without pay:
A lot of H4s have asked that why cant we work as a volunteer where there is no pay. This might be a grey area and you may want to check with a lawyer before you work on H4 without pay. It could be legal but its really not that black and white.
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CRAZYMONK
07-26 09:34 AM
I don't think the 2 question is valid as the GC is for future employment.
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
Hello,
If I read the USCIS news, then these are the questions I would ask myself and see if there is any serious legal concern...
1. Was I in non-pay status while working for VSG?
2. Is my job and location same as in my H-1B labor certification?
3. Are there any false documents submitted on my behalf to USCIS to support my visa petition?
If you answer no to all these questions, then legally you should be safe. However, as a further precaution, I would suggest to use AC-21 and move to another company. File a fresh labor (you can still claim the priority date from your old labor) and distance yourself from the fraudsters.
more...
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blacktongue
10-14 03:23 PM
So basically it is idea without a timeline and no actual document prove?
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GotGC??
05-15 01:28 PM
Thanks...is your 140 in NSC or TSC ?
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
My case is also similar and I decided to go with EB2
My EB3 PD is Nov 2002. I got promotion this year and same company applied for my EB2 labor via Perm and got approved with in couple of months.
My attorney already filed my 485 application concurrently while applying for EB2 I-140 PD (PP) last month. I got an RFE(edu: 3 year Engineering degree). My EB2 I-140 is approved yesterday after receiving the RFE response. It's better to utilize the EB2 category if you can, in case if they decide to retrogress again, it's likely that you will get the GC soon with EB2 PD than EB3 PD.
more...
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sabr
09-19 05:05 PM
as I was not getting a corp to corp job for more than a year.I desperately need to work.now I am on a project for 3 months and it will end soon also.but this company wants to hire me full time. thats why I want to join them with EAD and when my h1b approves I will get it stamped and reenter..
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gccube
04-21 12:39 PM
I got the Card Production Ordered e-mail today. No LUD even last night at 1 Am. Only one LUD today. My case is processed at Texas service center. And my receipt date is not with in their processing times.
Good luck to everyone.
Good luck to everyone.
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gonecrazyonh4
04-25 12:58 PM
Looks like this rule may not come into effect for fiscal year 2006 ie 30th september 2006. lookat todays immigration-law post.
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
Many lawyers, employers who use labor substituion does not want to see it changed. Especially since these are like carrots to recruit new employees. For those of us waiting in the que we definitely would like to see this law implemented as soon as possible ...
BhanuPriya
06-11 02:41 PM
There is no problem in changing company and getting extension based on Approved I -140. Please contact a good attorney and proceed.
srikondoji
06-28 04:18 PM
What is your nationality?
I know for sure that you can't be Indian?:eek:
--sri
Yeh....1947. Sorry about that.....
I know for sure that you can't be Indian?:eek:
--sri
Yeh....1947. Sorry about that.....
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