kondur_007
08-21 07:12 PM
Is it legal to work overtime when you are on H1B? I have been working more than 40 hours a week ever since I got my H1B (about 5 hours overtime per week on average). They pay me time and half for the hours over 40.
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.
On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.
With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.
Good Luck
The reason I ask is that I need to send a couple of paystubs as my parents are travelling to the US soon and I do not want the guy at the port of entry make a bid deal of my overtime hours (if he looks at it and finds out, which I doubt).
The person that stamps your passport and I-94 at the port of entry, is he an immigration officer or who is he? I am writing a letter for my parents to carry with them to show that person if asked for it and not sure who to address the letter. Thanks.
Working more is not an issue at all as long as you worked for the sponsoring employer and all the income is reported on one W2 form from the same employer for the stated job on LCA.
On the other hand, I think you have to have "full time job" on H1 unless it is specified as "part time" on LCA specifically. So working less hours may be an issue.
With regard to your second question: the person at the airport is Customs and Border Patrol Officer (the one who stamps I-94). You can write letter with "Dear Officer" address.
Good Luck
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gc_on_demand
09-09 11:46 AM
I would like to hear from people who have actually done this recently. My co. is planning to apply for a Software Developer position in EB2 and was wondering if anyone got it approved this year. My co. was able to do it for a colleague of mine under this title back in 2006 and I understand a lot has changed since then.
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
The downsides of this plan are:
1. Economy is bad
2. Software Developer does not qualify for EB2 (I believe there was an initiative taken to limit EB2s to Manager and above)
Also, Software Developer does not fall under Job Zone 5 in ONET.
Any help? Thanks for reading
What I heard from one of my friend that now a days DOL issues RFE left and right but if company is ready to file for new labor and if they have open position for it .. Don't wait. Even if you get RFE you will be in line ahead of many who is thinking to apply for Eb2..
Ann Ruben
01-08 11:26 PM
There are really two questions here. First, are you eligible for unemployment compensation? And second, will applying for unemployment compensation adversely impact your application for adjustment of status to lawful permanent resident?
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
The answer to the first question is controlled by the law of the particular state in which you worked and/or reside. In theory, to be eligible one must have worked long enough that an adequate amount of UC insurance was paid into the UC system, AND one must be willing and ABLE to accept new employment. The law varies from state to state with respect to whether someone in your situation qualifies as "ABLE" to accept new employment. If you let me know where you reside and work, I can try to provide further guidance as to eligibility for UC benefits.
As to the second question, (assuming your I-140 has been approved and your I-485 has been pending for more than 180 days) under the INA, when your PD is reached and your I-485 is adjudicated, you are required to have the intention to take up an offer of permanent full time employment in the same or similar occupation for which your LC was granted. This is a prospective requirement, and your employment status prior to the actual grant of AOS is relevant only to the extent that it supports or undercuts your ability to prove that you have an appropriate offer of full time employment which you intend to take up. There is no requirement that you be employed while you are waiting for your priority date to become current and your I-485 to be adjudicated. However, being unemployed or employed in an entirely unrelated occupation could trigger USCIS to perform a more searching inquiry into the bona fides of the prospective AC21 qualifying job offer and your intention to accept it.
To the best of my knowledge, USCIS is not notified when an AOS applicant applies for UC. Similarly, I am not aware of any cases where an UC claim triggered an RFE. Nevertheless, it would be prudent to act on the assumption that USCIS is aware of UC claims and be well prepared to prove one's intention to take up a bona fide offer of AC 21 qualifying employment once your PD is reached.
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srarao
07-23 12:22 PM
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thepaew
02-10 10:35 AM
Sent you a PM with my email address. Thx
Please PM me and I can give out the details.
THX
Please PM me and I can give out the details.
THX
same_old_guy
05-24 02:32 PM
This subject is treated as an elaborate chapter titled "The quiet crisis" in Friedman's book "The world is flat". A very good read. Here is an extremely well written article on education crisis staring at the US. It also touches on the broken immigration system.
Feel free to discuss but kindly refrain from making extreme and judgmental statements.
************************************************** *******
Credits: Thomas L. Friedman (NY Times). All rights reserved. Article has been reproduced in its entirety.
The quiet crisis in US education
By Thomas L. Friedman
First I had to laugh. Then I had to cry. I took part in commencement this year at Rensselaer Polytechnic Institute, one of America�s great science and engineering schools, so I had a front-row seat as the first grads to receive their diplomas came on stage, all of them PhD students. One by one the announcer read their names and each was handed their doctorate � in biotechnology, computing, physics and engineering � by the school�s president, Shirley Ann Jackson.
The reason I had to laugh was because it seemed like every one of the newly minted PhDs at Rensselaer was foreign born. For a moment, as the foreign names kept coming � "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" � I thought that the entire class of doctoral students in physics were going to be Chinese, until "Paul Shane Morrow" saved the day. It was such a caricature of what Ms Jackson herself calls "the quiet crisis" in high-end science education in this country that you could only laugh.
Don�t get me wrong. I�m proud that our country continues to build universities and a culture of learning that attract the world�s best minds. My complaint � why I also wanted to cry � was that there wasn�t someone from the Immigration and Naturalization Service standing next to Ms Jackson stapling green cards to the diplomas of each of these foreign-born PhDs. I want them all to stay, become Americans and do their research and innovation here.
If we can�t educate enough of our own kids to compete at this level, we�d better make sure we can import someone else�s, otherwise we will not maintain our standard of living. It is pure idiocy that Congress will not open our borders � as wide as possible � to attract and keep the world�s first-round intellectual draft choices in an age when everyone increasingly has the same innovation tools and the key differentiator is human talent. I�m serious. I think any foreign student who gets a PhD in our country � in any subject � should be offered citizenship. I want them. The idea that we actually make it difficult for them to stay is crazy.
Compete America, a coalition of technology companies, is pleading with Congress to boost both the number of H-1B visas available to companies that want to bring in skilled foreign workers and the number of employment-based green cards given to high-tech foreign workers who want to stay here. Give them all they want! Not only do our companies need them now, because we�re not training enough engineers, but they will, over time, start many more companies and create many more good jobs than they would possibly displace. Silicon Valley is living proof of that � and where innovation happens, matters. It�s still where the best jobs will be located.
Folks, we can�t keep being stupid about these things. You can�t have a world where foreign-born students dominate your science graduate schools, research labs, journal publications and can now more easily than ever go back to their home countries to start companies � without it eventually impacting our standard of living � especially when we�re also slipping behind in high-speed Internet penetration per capita. America has fallen from fourth in the world in 2001 to 15th today.
My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal Democracy Forum. They are trying to make this an issue in the presidential campaign by creating a movement to demand that candidates focus on our digital deficits and divides. (See: www.techpresident.com.) Mr Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child Connected."
Here�s the sad truth: 9/11, and the failing Iraq war, have sucked up almost all the oxygen in this country � oxygen needed to discuss seriously education, healthcare, climate change and competitiveness, notes Garrett Graff, an editor at Washingtonian Magazine and author of the upcoming book The First Campaign, which deals with this theme. So right now, it�s mostly governors talking about these issues, noted Mr Graff, but there is only so much they can do without Washington being focused and leading. Which is why we�ve got to bring our occupation of Iraq to an end in the quickest, least bad way possible � otherwise we are going to lose Iraq and America. It�s coming down to that choice.
********************************************
Feel free to discuss but kindly refrain from making extreme and judgmental statements.
************************************************** *******
Credits: Thomas L. Friedman (NY Times). All rights reserved. Article has been reproduced in its entirety.
The quiet crisis in US education
By Thomas L. Friedman
First I had to laugh. Then I had to cry. I took part in commencement this year at Rensselaer Polytechnic Institute, one of America�s great science and engineering schools, so I had a front-row seat as the first grads to receive their diplomas came on stage, all of them PhD students. One by one the announcer read their names and each was handed their doctorate � in biotechnology, computing, physics and engineering � by the school�s president, Shirley Ann Jackson.
The reason I had to laugh was because it seemed like every one of the newly minted PhDs at Rensselaer was foreign born. For a moment, as the foreign names kept coming � "Hong Lu, Xu Xie, Tao Yuan, Fu Tang" � I thought that the entire class of doctoral students in physics were going to be Chinese, until "Paul Shane Morrow" saved the day. It was such a caricature of what Ms Jackson herself calls "the quiet crisis" in high-end science education in this country that you could only laugh.
Don�t get me wrong. I�m proud that our country continues to build universities and a culture of learning that attract the world�s best minds. My complaint � why I also wanted to cry � was that there wasn�t someone from the Immigration and Naturalization Service standing next to Ms Jackson stapling green cards to the diplomas of each of these foreign-born PhDs. I want them all to stay, become Americans and do their research and innovation here.
If we can�t educate enough of our own kids to compete at this level, we�d better make sure we can import someone else�s, otherwise we will not maintain our standard of living. It is pure idiocy that Congress will not open our borders � as wide as possible � to attract and keep the world�s first-round intellectual draft choices in an age when everyone increasingly has the same innovation tools and the key differentiator is human talent. I�m serious. I think any foreign student who gets a PhD in our country � in any subject � should be offered citizenship. I want them. The idea that we actually make it difficult for them to stay is crazy.
Compete America, a coalition of technology companies, is pleading with Congress to boost both the number of H-1B visas available to companies that want to bring in skilled foreign workers and the number of employment-based green cards given to high-tech foreign workers who want to stay here. Give them all they want! Not only do our companies need them now, because we�re not training enough engineers, but they will, over time, start many more companies and create many more good jobs than they would possibly displace. Silicon Valley is living proof of that � and where innovation happens, matters. It�s still where the best jobs will be located.
Folks, we can�t keep being stupid about these things. You can�t have a world where foreign-born students dominate your science graduate schools, research labs, journal publications and can now more easily than ever go back to their home countries to start companies � without it eventually impacting our standard of living � especially when we�re also slipping behind in high-speed Internet penetration per capita. America has fallen from fourth in the world in 2001 to 15th today.
My hat is off to Andrew Rasiej and Micah Sifry, co-founders of the Personal Democracy Forum. They are trying to make this an issue in the presidential campaign by creating a movement to demand that candidates focus on our digital deficits and divides. (See: www.techpresident.com.) Mr Rasiej, who unsuccessfully ran for public advocate of New York City in 2005 on a platform calling for low-cost wireless access everywhere, notes that "only half of America has broadband access to the Internet." We need to go from "No Child Left Behind," he says, to "Every Child Connected."
Here�s the sad truth: 9/11, and the failing Iraq war, have sucked up almost all the oxygen in this country � oxygen needed to discuss seriously education, healthcare, climate change and competitiveness, notes Garrett Graff, an editor at Washingtonian Magazine and author of the upcoming book The First Campaign, which deals with this theme. So right now, it�s mostly governors talking about these issues, noted Mr Graff, but there is only so much they can do without Washington being focused and leading. Which is why we�ve got to bring our occupation of Iraq to an end in the quickest, least bad way possible � otherwise we are going to lose Iraq and America. It�s coming down to that choice.
********************************************
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shantanup
03-23 04:25 PM
Here is someone. Following is quoted from some other thread.
I studied in RIT for MS. Luckily I got a job in this economy,But My friend got an offer letter from one of the TARP company and they refuse to give the job at the last moment. He did MBA .He left last week to India. This is ridiculous !
I studied in RIT for MS. Luckily I got a job in this economy,But My friend got an offer letter from one of the TARP company and they refuse to give the job at the last moment. He did MBA .He left last week to India. This is ridiculous !
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H1B2GC
09-30 09:20 PM
You could use AC21 after 180 days of I-485 filing but your I-140 should remain approved. If either your company revokes I-140 because you failed to maintain good relationship with them or USCIS revokes it because they discovered something regarding your company which was not available to them when your case was approved or if they find out that you switched jobs before 180 days, they will deny your I-485. But you could open a motion to reconsider and later appeal in court. If you are still not tired, you'll have your LC priority date which you could use for your future greencard.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
If you plan to join a new company before 180 days use H1B otherwise use AC21 and work on EAD. I undertand that you are getting depressed regarding the whole process.
This is a game US is playing against the high skilled to drain out their knowledge. Get up, take your chances and screw them up in a same or similar classification for the time and $ you lost.
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wellwisher02
04-09 05:39 PM
IV is meant for discussing topics/issues related to employment-based green cards. I am not sure if we can discuss any other extraneous topic here. :confused:
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uslegals
11-04 02:06 PM
Thanks radhay ! What did they ask you.? What documents did you carry with you.? Do you have any dependants on your application.? Were they called ?
Appreciate your help.! Thanks
Appreciate your help.! Thanks
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bluekayal
04-24 01:48 PM
Your posts were always the calm within the storm. Take care and God bless you.
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zimmy100
03-24 12:30 PM
Friends,
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
I am in the same boat. I filed EB 2 labor in Nov 2006 under PERM process and alos my
I-140 got approved on Sep.
In 2007 before July, I ask my company it self they gave me EB3 labor with July 2004 priority date. So I substitute the labor under EB3 in March 2007 and it got approved in Sep 05, 2008.
When I was filing EB2 , I 140 in Dec 2007, requsested attorney to do porting. As I said it approved already (Sep 07,2008) but case did not get port.
Attorney saying she did fallow up with USCIS but she got response back that since they (USCIS) already approved my case she can only do proting when I file 484 under EB2 category. One more thing is I filed 485 EB3 in July 2007 and this is my greatest mistake which I ever done in my life.
Guys am not sure how much true my attorney is! isn't it true that if USCIS made a mistake or overlook a case(pending more than an year @ USCIS) attorney should fight back?
I do not know how can I trust this answer. Share your thoughts...
-Thanks for your thoughts..
more...
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TempWorker
08-20 08:18 AM
I will be there.
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slowwin
04-16 09:30 AM
For whatever reason, your record is tainted. This will also comeback to bite you later (AOS ). my suggestion is to get a legal opinion from a lawyer who practices both criminal and immigration law.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
I entered US in 2001 on H1B and have not left the country since then. Unfortunately within few months of coming to US, I had a fight with my wife and was charged of domestic violence. This charge was later reduced and I was convicted of a simple battery.
Now if I travel overseas and come back on AP (I intend to use my approved AP instead of going for H1B stamping), can I be denied entry to US at port of entry because of my criminal charge?
Anyone in the same situation or know someone in this situation? Was there any issue in there re entry into US?
Thanks a lot in advance.
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GCVivek
01-28 05:57 PM
Best is to be open about everything. PERM does not depend much on hiding facts to get approved. Ultimately, with newer checks in place, DOL or USCIS can easily find out. Best is to find out if employer needs EB2 person and can pay enough according to SOC code. Based on your qualifications and the above 2 items, you can ask employer to change your title to satisfy requirements for EB2 classification. This way everything is legal and in the open. Once you apply, no stress.....just enjoy life while you wait for GC. :)
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tampacoolie
06-29 11:01 AM
My documents will reach attorney on Monday and he promised to file before July4.
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rameshk75
04-15 10:20 AM
Congrats for your freedom after 9 yrs..N'joy the future..
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sbmallik
05-29 10:15 AM
Actually, if you work for a Canadian company the time spent outside Canada will count as if you were in Canada. So, you will still be able to meet the 2/5 requirement. But you need to check what are the conditions, I know that you can't just create your own company and stay there for example. Check the requirements.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
On the US side, what visa will you be working on ? H1B ? If you like to stay in US, why not gained Canadian citizenship and work on TN, which is 3 years now (maybe more in the future) and very easy ?
Wrong, time spent outside Canada while working for a Canadian company does not automatically counts for PR maintenance (2/5 years). That's for some exception situation like serving in the military etc.
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mikemeyers
11-07 01:57 PM
My H1 is approved on Oct 23, 2006. I was on F1. Before my OPT grace period expired on July 20, 2006, I enrolled in a school with new I-20 on July 5th, 2006. I have been taking one class every month for last three months to maintain full time status. If I stop taking classes now, would it be a some kind of problem when I go for visa stamping?
wandmaker
10-26 10:51 AM
You can extend your h1 by 1 year, if you labor has been pending more than 1 year. 3 year extension is allowed when you have the approved I-140.
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
If your labor is pending 180 days you can apply for a 1 year visa extension. If you get your I-140 approved under premium processing after your labor approval and before you visa expires you can apply for a 3 year visa extension. You can apply for any other new visa L, J, F etc., and continue to stay inside the country but not H visa otherwise you have to be outside the country for 1 year.
I hope this helps and good luck on your green card pursuit...
shishya
04-30 11:13 AM
Hi,
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
I am lost trying to find information on this.
Here's the situation for adding my wife to my I-485 application (we are from India). We DO have her 100% correct birth certificate we got issued last month.
However, since the issue date on it is April 2011, our lawyer insists that we need affidavits from her parents as well (perhaps to avoid RFEs). Further the lawyer insists that the Foreign Affairs Manual for India states that these be sworn in front of a first class magistrate of India.
When her parents went to the local court and request the first class magistrate, the court officer is demanding that we have a sealed copy of the requesting authority (USCIS) that clearly states that a first class magistrate's signature is required!
Questions:
(i) Is the affidavit supposed to be sworn in front of first class magistrate? Even if we have a corrected birth certificate?? Or can it be signed by an 'Executive Magistrate' or maybe even just notarized??
(ii) If yes, did someone else face a similar issue?
(iii) If yes, is there a USCIS document I could send to satisfy their demand?
I did try to find a USCIS document but all it states is that ... IF the birth certificate is unavailable ... then "sworn affidavits" need to accompany non-availability certificate from a competent local government authority.
Please advise :(
PS: FYI, they went to the Palghar court in Maharashtra, India.
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