cgs
11-22 02:54 PM
I think the salary mentioned in H1B petition could be different the one in LC. Employer is bound to pay the salary mentioned in the H1B while employee is on H1B, the salary mentioned in LC only needs to be honored after obtaining GC.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
And how about the job title mentioned in the both petitions, could it be different?
For most of the people GC processing might start after 3 years working on H1B, and this might allow the changes.
Please correct me if I am wrong.
It is my understanding that when applying for a GC, until you have your LC approved (and possibly I-140), you cannot change your title or salary, beyond what was submitted in the LC application. Technically, the DOL is verifying a 'job' (and the salary related to that job), so in theory, that can't change, not because the employer doesn't want to, but because the law doesn't allow it.
Now, an employer may unofficially get around this (by increasing your bonus payout, or giving you stock, or changing the internal level of your job), but these are 'handouts' that you may get if your employer is fair.
With the backlogs that are in effect for pre-PERM LC approvals, employees can go from 1-3 years without a salary or promotion/job title change, and that is the law! Go figure.
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sandiboy
07-23 05:42 PM
I saw a guy on who mailed appln on Jun 27th & got receipt notice for 07/18. Does it mean we are close and should expect some guys to get notices this week for Jul 2 cases ??
faqua India 11/01/2003 Nebraska EB2 06/27/2007 06/28/2007 07/18/2007
faqua India 11/01/2003 Nebraska EB2 06/27/2007 06/28/2007 07/18/2007
axp817
01-30 01:51 PM
Unfortunately I don't have answers to any of your questions. Since you have a competent and friendly attorney, you might want to ask them about self employment.
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
If you port to self employment using AC-21, maybe you could send that as documentation to the USCIS. Also, in such a case, how does one show that one is getting paid? There is no payroll for the self employed, as far as I understand, so do you have to show some other form of income? like revenue generated by your company or something like that?
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Suva
06-11 11:29 AM
Sent to NJ lawmakers.
more...
piperwarrior
07-16 09:42 PM
I am just re-posting something that I had posted elsewhere. I really think that we have to be professional and mature in our response. Does anyone know how one can go about writing an op-ed in the New York Times?
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Clearly, this is a task for IV (advocacy, lobbying, public opinion, etc.). The response needs to be succint, cogent and factual, without getting into any rhetoric about the value immigrants provide. Facts will discredit NumbersUSA...
--------------------------------------------------------------------------------
I think IV should write a letter to the New York Times refuting the claims of NumbersUSA. This should be in response to the article that the New York Times published regarding NumbersUSA's influence on the immigration bill.
Clearly, this is a task for IV (advocacy, lobbying, public opinion, etc.). The response needs to be succint, cogent and factual, without getting into any rhetoric about the value immigrants provide. Facts will discredit NumbersUSA...
redds777
06-10 04:51 PM
Sent
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America
It will only take less then 1 minute of your time to click this link ImmigrationVoice.org - Advocacy -- OPPOSE the Sanders-Grassley-Harkin amendment S.AMDT.4319 in bill H.R.4213 which severely hurts Competitiveness, Innovation and creating jobs in America (http://immigrationvoice.capwiz.com/immigrationvoice/issues/alert/?alertid=15130466)
and send the message out
Please post this link on other forums and mail to friends asking them to join this action item.
more...
desi3933
01-31 05:51 PM
Thanks a lot Desi3933. I dont have words to thank you...
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
Another question - Once she gets on EAD does she have to get paid for 'x' number of period (Say 15 day or a month0 on EAD? And then when she re-enters on h1b (Nov 15 2009) then she will get paid from Nov 15 - Dec 31, so for year 2009 she will just have Jan month and 15 Nov till Dec 31 2009 on w-2. Is that fine since all the other time she was on EAD or out of country.
That would be absolutely fine.
Also, she will be maintaining H1 status. That is always good to have when I-485 application is pending.
____________________
Not a legal advice.
US Citizen of Indian Origin
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jonty_11
01-02 03:54 PM
Posted about IV on www.denverindians.com
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
http://denverindians.com/forum/display_topic_threads.asp?ForumID=9&TopicID=152&PagePosition=1&ThreadPage=1
more...
arnab221
03-18 07:57 PM
On a lighter note .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
The USCIS has a 4 year full time course for understanding PD's and restrogression . It is called BPD&R ( Bachelor of Priority Dates and Retrogression ) . This degree is recognised only by the in the US and H1b's are also granted based on this course .There is no education evaluation needed.
You could also do an MBPD&R and leads to Phd also . You could then join the USCIS and set PD's for the countries .
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nojoke
10-20 11:33 AM
I agree with you on this one. If you all think that GC is the only issue here, then go ahead and support Mc Cain. But if you all think that you are going to be here long term or planning on making this your home, then I think Obama is good for the country. Look where has the capitalism and free market has taken us today, nobody has a clue as to how to fix this mess, all this bail out solutions are just temporary and is pulling us further into debt trap. If there is a recession or a dollar collapse, your GC will not ensure your job.
Free market is good only for the top execs and big corporations. There should be some regulation so that they do not become irresponsible in their conduct of business. Without regulation, it is like letting a wild bull run in a china shop, it will knock everything in its way. Republicans policy is to take all the broken pieces of the china ware, put some adhesive on them and put them back on shelf, they do not want to reign in the wild bull unlike democrats.
Thank you. My point is that if the economy is good, companies will lobby for pro immigration bills. If the economy goes bad, the chances for green card goes down with many of us losing job. No party will touch immigration when the country goes to recession. And people don't mind pro immigration bill if the economy is doing good. Political parties are not pro or anti immigrants. It is the lobbying of the large companies that makes them pro immigrant. The companies lobby for immigration bills when they need more skilled labor...
Free market is good only for the top execs and big corporations. There should be some regulation so that they do not become irresponsible in their conduct of business. Without regulation, it is like letting a wild bull run in a china shop, it will knock everything in its way. Republicans policy is to take all the broken pieces of the china ware, put some adhesive on them and put them back on shelf, they do not want to reign in the wild bull unlike democrats.
Thank you. My point is that if the economy is good, companies will lobby for pro immigration bills. If the economy goes bad, the chances for green card goes down with many of us losing job. No party will touch immigration when the country goes to recession. And people don't mind pro immigration bill if the economy is doing good. Political parties are not pro or anti immigrants. It is the lobbying of the large companies that makes them pro immigrant. The companies lobby for immigration bills when they need more skilled labor...
more...
GCKaIntezar
02-20 08:39 PM
Durga Temple Plan for Sunday 2/26
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
All-
Vineet and I chated today and he confirmed our appointment at Durga Temple in South Brunswick. Please reply to this message and confirm that you will be coming in. The tentative time to reach and setup the table is between 4:00-4:30pm.
So far I have me and Vineet coming in. We need atleast 3 more to join us in this drive.
Ajay,
I left you a voice mail on this also.
Thanks,
Sanjay
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sroyc
07-11 04:14 PM
I posted this in another thread.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
There could be two reasons for this huge forward movement for EB2.
1) They want to minimize wastage by making more visas available for CP.
2) There was some heartburn among EB2 China applicants when their PD was set to April 2004. Since there are a lot more EB2 India applicants with PD's earlier than that, they felt that most of the EB2-ROW spillover would go to India. Moving the dates forward to 2006 would ensure that EB2 China gets a decent share of the spillover.
more...
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pappu
09-10 09:38 AM
EB1 - all current
|
|
\/
EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
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\/
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| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)
.
Thank you for putting a link to my long post in your signature. I had forgotten about it. I tried to sum up my thoughts and tried to answer some EB3 I folks who fail to see the problems and solutions. They only see things from their narrow lens and have no idea of the realities. Some of them refuse to listen to us. But if a lawyer on some website tell them the same thing, they would not only listen to that lawyer but also praise the lawyer. I came across one member who even put a picture on his website because he may have felt that this lawyer is his savior to lobby congress for his green card dream. :) But he refused to listen to us and see reason. This only shows our community fails to believe in themselves and what they can do together. We will continue to live a life of suffering, waiting and tracking greencard, predicting visa bulletins and writing posts on the forums. This is the sad reality. I hope others who whine on the forums read that post and it prods them to wake up and do something about their 'depression'. Once you wake up and decide to do something, then contact IV. We will help you.
|
|
\/
EB2 Applications with old Priority Dates (Mostly EB2 - India / China)
|
|
\/
|
| ( When above EB2 India/China gets current 2-3years? )
\/
EB3 Applications with old Priority Dates (Mostly EB3 - India / China/ Mexico)
.
Thank you for putting a link to my long post in your signature. I had forgotten about it. I tried to sum up my thoughts and tried to answer some EB3 I folks who fail to see the problems and solutions. They only see things from their narrow lens and have no idea of the realities. Some of them refuse to listen to us. But if a lawyer on some website tell them the same thing, they would not only listen to that lawyer but also praise the lawyer. I came across one member who even put a picture on his website because he may have felt that this lawyer is his savior to lobby congress for his green card dream. :) But he refused to listen to us and see reason. This only shows our community fails to believe in themselves and what they can do together. We will continue to live a life of suffering, waiting and tracking greencard, predicting visa bulletins and writing posts on the forums. This is the sad reality. I hope others who whine on the forums read that post and it prods them to wake up and do something about their 'depression'. Once you wake up and decide to do something, then contact IV. We will help you.
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pappu
12-26 03:41 PM
6. If your visa is expired as mine is (btw a feb date has never opened up anywhere in India to date...i'm sick and tired and frustrated....getting an appt is a major hassle) the you better choose your airline carefully, the French embassy demands personal appearance (350 miles) for the 10 min it takes to issue a visa- which then lets me walk from one gate to another at De Gaulle.....
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
So if you travel to India and change planes in Paris you need a transit visa!!
What other countries do that and what countries allow without the visa? this information will be helpful.
more...
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abcdefgh
01-18 12:27 PM
http://www..com/discussion-forums/dallas-backlog/1171607/#post-6787022
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
This is what I found from other web site when I tried to get more membership to IV. These are the comments I received for the IV. How can we make people aware of our good faith effort. This is another road block we are facing. Many people will not believe that our efforts in full good faith. IV needs to put more emphasis on these issues also.
Just opinions.
Thanks
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kumar1
12-10 02:02 PM
There used to be a guy called VLDRAO.....self proclaimed DOS visa bulletin expert. Where is he these days? I would love to hear from him.
VLDRAO......save us!!!!!
VLDRAO......save us!!!!!
more...
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pitha
02-21 04:05 PM
I agree with you but I am not frustrated but pointing out the realities. See what happenned to labor substitution. People misused it and the end result is there in no labor substitution any more. The way people are misusing eb2 it is just a matter of time when it would be almost impossible to get eb2 even for genuine job requirement. USCIS and DOL know what happenning with EB2 and they will crack down.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
pitha...while i bear the frustration of the doors slamming on my face in october 2005 (eb2 was current prior to that) for the sheer fact that i had an incompetent attorney during the initial days when my LC process started.....i would not go far as saying that the porters have "cheated" the system.
The law via Chintakuntla provided that a person with a bachelors degree and 5 years experience is equal to an advanced degree holder.
All the porters are doing is following the law. Its frustrating to people like you and me, but its their right. If i was in their position and the law allowed me to take advantage of a provision of this nature, I would gladly take it.
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abhijitrajan
11-13 12:41 AM
Does it make sense to file and FOIA request asking how USCIS is implementing quarterly spillover. As I understand it USCIS is not obligated to respond to a letter but they have to respond to FOIA. Any comments from people who know how FOIA works and whether it's applicable?
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girijas
09-10 11:01 AM
There were discussing the first bill - something about horses.
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
They have gone to recess and will be back at 1pm. I guess they will start with the horses again and then the next two bills concerning humans and we are next - the aliens :)
trueguy
07-30 12:09 PM
Add E&Y (Ernst and Young) to the list.
nixstor
04-23 02:30 PM
Are you one of the guys who considered going to France as you cannot go to school Full time?