GoneSouth
03-15 05:25 PM
If the first labor is done through PERM, can the 2nd labor be filed? I had heard that there is a policy of one PERM per company per employee. Does that not apply if the new job with the same company is substantially different. That's right. Second PERM can be filed for same employee at same company if first PERM is already approved (not pending) and second PERM is for a "substantially different" position.
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.
Would you please elaborate on "substantially different". If the job title is different and job duties are very different, would that qualify as "substantially different". I have been thinking about doing the same. This is not well defined. In my case, the second PERM was for a position in a different O*NET category and a different job zone, and this was considered "substantially different" by DoL. My guess would be that if the two positions are different O*net codes, you should probably be fine (this is a guess only - please consult your attorney).
Is there any issue when 1st labor was not a PERM labor and 2nd labor is going to be PERM labor and both from same employer ?Sorry, I don't have any experience in that area, so I can't comment.
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meridiani.planum
11-03 01:42 AM
inline...
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
I would recommend to extend H1-B, if the employer is paying for it. Extended travel on AP is tricky, but its not an issue with H1-B. If there is no extended travel plans (e.g. Working for three months from another country, or 3 month leave spent in another country etc), then there is no advantage to have H1-B.
-- not true. one of the biggest advantages of stayig on H1-V is that you maintain status even if your 485 is denied for some reason. You dont have to leave the country, you cna file an MTR and keep on working. If you are on EAD, and your 485 is denied for any reason, you need to stop working immediately. You also end up out of status right then. Being on H1 ssaves you all that trouble.
Another advantage of staying on H1 is if you are not married and want to bring your spouse over, you can do it using H4. Once youa re on EAD, your spouse has to wait for your PD to be current so she can file her own 485...
An interesting question may be, if this will count towards the lifetime cap of 12 years of H1B? That I don't know.
-- there is no cap on H1. You can get as many extensions as you want and qualify for (I-140 approved, old LC etc)
--Parag
jonty_11
03-14 03:12 PM
You can travel back to India on an expired US VISA also.
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
As long as you are travelling back to india (Country of citizenship)
I did that last yr
someone posted link to German Cosul in LA, which states this clearly...
2011 Curious Quotes
lostinbeta
10-20 10:48 PM
Censoring yourself now dan?
more...
boston_gc
02-23 09:53 PM
I am not sure if BS (3 yrs) + MCA is considered to be equivalent to MS or not. But if it is, then you can definitely file for EB2 (MS +0). However, your company will need to have a job that requires these qualifications.
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
Also, I am not sure why you couldn't use the experience gained with your employer. If the job description is at least 50% different than your EB3 job, you can certainly use the experience gained at your current employer.
I am also planning to file under EB2 using the experience gained with current employer. However, I have been concerned about possible audit. Nonetheless, when I asked the audit question (in a different thread), couple of folks shared their personal experience who had gotten approval (using experience gained at same employer) without any audit.
Has anyone seen a case where someone got audited for using the experience gained with the same employer? I think this will be a useful information for several others as well...
kiran_k02
11-28 06:09 PM
I filed my AP renewal online, I used my discover to pay my dues.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
I did not submit any paperwork, I got an RFE just for photographs.
Most important thing for AP-renewal according to my experience is photographs.
I hope this helps, message me if you have any additional questions.
more...
aachoo
04-22 12:51 PM
This is literally word for word the RFE I got. Basically an employment verifications. I did not use AC21, no job changes, no nothing. Attorney aid it was normal and responded in 2 days.
-a
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
-a
My lawyer got the RFE notice yesterday....
USCIS requesting the following...
1. Dated letter from employer detailing job duties and position
2. Your proffered position if different from current one
3. Date I began employment and current salary
4. Letter must be signed by executive officer of the company
5. Letter must clearly state whether the terms and conditions of employment based visa (or labor certification) continue to exist
They are requesting too many things at this point and it seems like the requests are different from other RFE's received by IV members. This is concerning me a lot. Can expert IV members give me any guidance? Have you received such an RFE, what does this mean? Any advice is very much appreciated.
My LC / I-140 stated that I am an "Electrical Engineering Technician" due to PW concerns at the time of application but my H1-B application said "Applications Engineer (Chemicals Group)". But the job duties were exactly the same word for word. I'm not sure if that is causing the problem. I am being paid significantly more than the LC / 1-140 wage currently. So, lack of ability to pay is not an issue. I have also been continuously employed by the same organization. I have not sought a different employer ever since I applied for my GC.
Please reply with your thoughts.
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nozerd
09-07 09:34 AM
Just to clarify I will not be working in US at all. I will only work in Canada and getting paid in Canada. I will only come to US for personal reasons (meeting fly etc) not work. Can I use the H1 stamp to enter under those circumstances.
more...
laborfd
05-18 12:14 PM
Great work :)
Thanks for all the effort made by IV
Thanks for all the effort made by IV
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pkpalta
08-11 05:02 PM
Admin, please remove this post. If INS reads it and amends to verify all the employers then there will be more back logs and more retrogression.
We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.
;)
We all know that there are tonne of problems with processing and lots of idiosyncracy but this forum is to solve problems not creating it.
;)
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uma001
05-24 09:44 AM
Here is my case:
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
MS (computer engg) in US
US IT experience more than 6 years
No TOEFEL ( what native english speaker??)
Worked in high growth technology/employer (I assume)
come under STEM.
My employer is sponsering my green card
How many points will i get??
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perm2gc
07-08 10:00 PM
Wonderful support. Thank you. So far we have over 850 viewings and have been rated 76 times and 23 comments. That has managed to push us to #6 in the News and Politics stories of the day. This morning we overtook a Ron Paul story. If you have not had a chance to check the video out, please rate it by clicking on the stars or leave a comment as that will push our position even further.
Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)
This video has either been removed or has a malformed URL
Thank you once again. My son is beginning to get quite optimistic that CNN might just pick this one :-)
This video has either been removed or has a malformed URL
more...
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manand24
09-17 07:23 PM
I am on the same boat. My I-485 receipt and my wife's receipt have SOURCE as UNKNOWN.
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
PD 04/2006 EB2 INDIA
I-140 NSC AP 10/2006
SELF:
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-765 NSC RD 07/02/07 ND Pending - NO Update yet.
WIFE
I-485 NSC RD 07/02/07 ND 09/10/2007 - Receipt Notice recieved from NSC on 09/17/2007 via USPS Mail
I-131 NSC RD 07/02/07 ND Pending - NO Update yet
I-765 NSC RD 07/02/07 ND Pending - NO Update yet
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ashwinicool67
04-29 12:30 PM
Well, the fear I have is that prior to my AOS being filed , I was not paid for 5-6 months in the initial few months of start of H1. And I am not sure if thats considered out of status (bench period). So if during H1 extension this thing comes up I am worried that my AOS will get affected by this. I have read at least one case where they asked during I-485 this information.
more...
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dc2007
07-05 10:28 PM
Thank you all for your help/suggestions. I'll try to add my wife in my employer plan, may be with lower premium and higher deductible for now. Also there is this insurance I found called 'HTH global citizen' that covers pregnancy after 12 months.
My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).
Go for full coverage and add your wife to your insurance. This is my suggestion.
Good Luck
My suggestion is: "Go for HIGHER PREMIUM and LOW DEDUCTIBLE", other wise go for $3000 package.
But I can tell you even if doctor is saying $3000, you might be ending paying a lot more than that. Its medical, and I hope everything should go fine. But in case of any complexities, if you don't have insurance, you will end up paying like more than 10K (even in $3000 package).
Go for full coverage and add your wife to your insurance. This is my suggestion.
Good Luck
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pasupuleti
03-28 01:53 PM
Correct me if I am wrong, yesterday's bill which is passed does not have like this provisions.
Yes! Yesterday's bill does not have these provisions.
Yes! Yesterday's bill does not have these provisions.
more...
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raysaikat
10-10 11:26 AM
Thank you!
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
I am not quiting my company but I am moving to India. In that case what will happen ?
Your valuable inputs are greatly appreciated.
Thank you very much!
I would have said what Phani said. Essentially, you must be on valid H1-B status; otherwise your husband's H-4 status is not valid. This means that you must remain employed in US as an US employee (get your paycheck in US, pay all US taxes, file US tax returns, etc.). For a short duration, it may be possible to remain an US employee and work from India (as a business trip), but I do not see that happening on a permanent basis.
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questforgc
08-26 02:47 PM
Thanks for the info bluez. I think i will stick with my AOS.
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Quadrucle
09-15 12:39 PM
Hi All,
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
Pardon my ignorance, but after seeing the initial steps of the CIR, I feel there's some hope for the Employment based immigrants, but no one seems to be discussing anything positive about it. Am I missing something here? :confused:
Thanks
anu_t
06-17 12:13 PM
[QUOTE=senthil1]Why do you think the bill will be passed? It is very tough. Even Senate passes it is tough in House. Also it may not be passed in current form. Even current form is passed you will get gc faster than the people who are filing I485 now. Because most of the persons like you already filed I 485 you can file by point system and you will get soon as you have 5 years US experience.
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
Iam in the same boat, Iam on my 5th year H1. Senthil...I guess that point the original poster is trying to make is there are few of us who will be stuck in the middle. Our LC filing date will be after May15th'07 and the 6th year H1 gets over before Oct'08.
Yes That's my point
at0474
01-09 03:45 PM
"I suppose this year's quota for EB3 India is not yet used (as small it may seem). My guess is, when EB3 processing begins, it should get your collegues out in 6 to 9 months from now."
EB3 quota is like a spoon of rice from a bag of basmati :))
--LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.
EB3 quota is like a spoon of rice from a bag of basmati :))
--LOL! True, but I thought it is good enough for 5 guys with PDs in 2001.
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